Mitchell D. Chester, Ed.D.
Commissioner of Elementary and Secondary Education

SE Criterion # 6 - Determination of transition services
Rating:
Implemented
Basis for Findings:
Student record review verified that transition plans for high school students are consistently completed and annually reviewed; the plans are tailored to address individual student needs and specifically address post-secondary goals.
Massachusetts Department of Elementary & Secondary Education – Program Quality Assurance Services
Winchester Mid-Cycle Report – August 2, 2013 12:02:01 PM
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SE Criterion # 7 - Transfer of parental rights at age of majority and student participation and consent at the age of majority
Rating:
Partially Implemented
Basis for Findings:
Student record review and staff interviews indicated that the district routinely provides students and parents notice of the transfer of educational decision-making rights one year prior to the student reaching age 18. The district documents this notification to the student and family in the Additional Information section of subsequent IEPs. Student record review also demonstrated that when the student chooses to share decision-making, the decision is documented in writing in the presence of the IEP Team. When the student chooses to delegate decision-making, this choice is also documented in writing and witnessed by representatives of the school district.
However, student records confirmed that the district does not affirmatively obtain consent from the student to continue the then-current program of special education services when the student has decision-making rights and has reached age 18.
Department Order of Corrective Action:
Conduct an analysis of student records for students who have turned 18 with shared or sole decision-making rights between January 2013 and March 2013 to determine why the district does not obtain the student’s consent to continue the current IEP once the student reaches age 18. Based on the results of the analysis, provide the district’s determination of the root cause(s) of the non-compliance, the steps the district proposes to take to correct the root causes, and a timeline for the implementation of those corrections.
Conduct an internal review of student records. Please select a sample of five to six student records drawn from students who have turned 18 with sole or shared decision-making rights for evidence that the district has obtained student consent to continue the IEP. Please select only those students who turned 18 following the implementation of all corrective actions.
*Please note that when conducting internal monitoring the district must maintain the following documentation and make it available to the Department upon request: a) List of student names and grade level for the record review; b) Date of the review; c) Name of person(s) who conducted the review, their roles(s), and their signature(s).
Required Elements of Progress Reports:
Submit the results of the root cause analysis. Include the number of records reviewed and the number of records in compliance. Include a description of the root cause(s); of any noncompliance; a description of the steps the district will take to correct the root cause(s); and the district’s proposed timeline for implementation of corrective actions by October 18, 2013.
Submit the results of the review of student records. Indicate the number of student records reviewed, the number of student records in compliance, for all records not in compliance with this criterion, determine the root cause(s) of the noncompliance and provide the school’s plan to remedy the non-compliance. This progress report is due February 28, 2014.
Progress Report Due Date(s):
10/18/2013 02/28/2014
Massachusetts Department of Elementary & Secondary Education – Program Quality Assurance Services
Winchester Mid-Cycle Report – August 2, 2013 12:02:01 PM
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SE Criterion # 8 - IEP Team composition and attendance
Rating:
Implemented
Basis for Findings:
Student record review and staff interviews indicated that the district’s IEP Teams are consistently convened with all required Team members in attendance.
According to interviews, when a required Team member is unable to attend an IEP Team meeting, the district obtains the parent’s written permission prior to the meeting to excuse the
Team member. In addition, the excused required Team member provides a written report in advance for the IEP Team to use in developing or reviewing the IEP.
Staff interviews also indicated that the district will excuse IEP Team members whose areas are not being modified or discussed at the Team meeting by obtaining written parent permission prior to the IEP meeting.
SE Criterion # 9A - Elements of the eligibility determination; general education accommodations and services for ineligible students
Rating:
Implemented
Basis for Findings:
A review of student records and staff interviews verified that, when appropriate, the district documents the IEP Team ’s consideration for accommodations under Section 504 for those students who do not meet special education eligibility criteria in its Notice of Refusal to Act
(N2).
SE Criterion # 13 - Progress Reports and content
Rating:
Implemented
Basis for Findings:
A review of student records demonstrated that the district consistently provides students whose eligibility terminates due to graduation or aging out of special education with a summary of their academic and functional achievement.
SE Criterion # 14 - Review and revision of IEPs
Rating:
Implemented
Basis for Findings:
A review of student records found that the district has discontinued the practice of using amendments to extend the anniversary date of IEPs so that the annual Team meeting can be held at a later date. Record review also demonstrated that IEP Teams routinely convene on or before the anniversary date of IEPs to review student progress and to review, revise, or develop a new IEP or refer the student for a re-evaluation.
Massachusetts Department of Elementary & Secondary Education – Program Quality Assurance Services
Winchester Mid-Cycle Report – August 2, 2013 12:02:01 PM
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SE Criterion # 18A - IEP development and content
Rating:
Implemented
Basis for Findings:
Document and student record review demonstrated that when a student ’s evaluation data indicates that his/her disability affects social skills development or makes them susceptible to bullying, harassment, or teasing, the district’s IEP Teams address the skills and proficiencies needed to avoid and respond to bullying, harassment, or teasing.
For students identified with a disability on the autism spectrum, IEP Teams consider and specifically address the skills and proficiencies needed to avoid and respond to bullying, harassment, or teasing in the stud ent’s IEP.
SE Criterion # 22 - IEP implementation and availability
Rating:
Implemented
Basis for Findings:
Student record review demonstrated that the district consistently obtains timely parental consent for IEPs. Additionally, interviews with the special education director verified that the district has implemented internal procedures to document multiple attempts at obtaining parental consent. According to interviews, the district has discontinued the practice of implementing special education services before obtaining parental consent.
SE Criterion # 24 - Notice to parent regarding proposal or refusal to initiate or change the identification, evaluation, or educational placement of the child or the provision of FAPE
Rating:
Implemented
Basis for Findings:
A review of student records verified that the district routinely provides notice to the parent regarding the proposal or refusal to initiate or change the identification, evaluation, or educational placement of the child or the provision of FAPE.
Massachusetts Department of Elementary & Secondary Education – Program Quality Assurance Services
Winchester Mid-Cycle Report – August 2, 2013 12:02:01 PM
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SE Criterion # 25 - Parental consent
Rating:
Implemented
Basis for Findings:
Staff interviews indicated that within the past two years, no parent/guardian has exercised his or her right of revocation after consenting to a student’s special education services.
Document review demonstrated that the district's procedures require that the parent revoke consent for special education services in writing. Upon receiving the parent ’s written request, the district will immediately send a notice indicating that the student's special education services will be discontinued within a reasonable period of time and where parents can obtain a copy of procedural safeguards.
Document review and staff interviews also indicated that these procedures also state that the district will not use mediation or request a due process hearing to obtain agreement or a ruling requiring the continuation of services.
SE Criterion # 25A - Sending of copy of notice to Special Education
Appeals
Rating:
Implemented
Basis for Findings:
Records demonstrated that the district routinely sends parental notice of rejected IEPs to the
Bureau of Special Education Appeals within 5 days of receipt. Additionally, interviews confirmed that the district has developed internal procedures for documenting their multiple attempts at obtaining parent consent.
SE Criterion # 26 - Parent participation in meetings
Rating:
Implemented
Basis for Findings:
The district provided its special education student roster as required by the Department.
SE Criterion # 29 - Communications are in English and primary language of home
Rating:
Implemented
Basis for Findings:
Student records demonstrated that the district consistently provides translated information to those families whose primary language is not English. Additionally, interviews confirmed that the district has an established system of determining and documenting the parents ’ preferred language of communication.
Massachusetts Department of Elementary & Secondary Education – Program Quality Assurance Services
Winchester Mid-Cycle Report – August 2, 2013 12:02:01 PM
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