Massachusetts Department of Elementary and Secondary Education 75 Pleasant Street, Malden, Massachusetts 02148-4096 Telephone: (781) 338-3700 TTY: N.E.T. Relay 1-800-439-2370 June 22, 2012 Dr. Melinda Boone Worcester Public Schools 20 Irving Street Worcester, MA 01609 Re: Mid-cycle Report Dear Superintendent Boone: Enclosed is the Department of Elementary and Secondary Education's Mid-cycle Report based on the onsite visit conducted in your district in April 2012. During the Mid-Cycle Review the Department monitored selected special education criteria to determine your district’s compliance with special education laws and regulations. The review consisted of information gathered from one or more of the following activities: interviews, review of student records, examination of documentation, and classroom observation(s). The Department determined that one or more of the criteria monitored in your district was “Partially Implemented” or “Not Implemented.” In all instances where noncompliance was found, the Department has prescribed corrective action for the district. This corrective action must be implemented as soon as possible, but in no case later than a year from the date of this report. You will find these requirements for corrective action included in the enclosed report, along with requirements for submitting progress reports using the enclosed form. Please provide the Department with your written assurance that all of the required corrective action will be implemented by your district within the timelines specified in the report. You must submit your statement of assurance to Darlene Lynch, Director, Program Quality Assurance Services, by July 9, 2012. 1 Your staff's cooperation throughout this Mid-cycle Review is appreciated. If you have questions about this letter or the enclosed report, please do not hesitate to contact Nathan Lemmon at 781338-3720. Sincerely, Mid-cycle Review Chairperson Program Quality Assurance Services Darlene A. Lynch, Director Program Quality Assurance Services cc: Mitchell D. Chester, Ed.D., Commissioner of Elementary and Secondary Education Elisabeth Ahern, Supervisor, Program Quality Assurance Services Joseph M. Petty, Mayor Worcester and School Committee Chairperson Midge Wetzel, Local Program Review Coordinator Encs: Mid-cycle Report Mid-cycle Progress Report Form 2 MASSACHUSETTS DEPARTMENT OF ELEMENTARY AND SECONDARY EDUCATION MID-CYCLE REPORT Worcester Public Schools Dates of the Mid-cycle Review Onsite: April 8-10, 2012 Date of this Report: June 22, 2012 PLEASE NOTE THAT THIS REPORT IS IN TWO SECTIONS. Required Special Education Criteria Monitored in this Mid-cycle Review Current special education criteria available by scrolling down to the special education instrument at http://www.doe.mass.edu/pqa/review/cpr/default.html Criterion Criterion Implemented SE 7 Transfer of parental rights and student participation and consent at age of majority Criterion Partially Implemented (PI) or Not Implemented (NI) Method(s) of Investigation Student Record Review Documents Staff Interviews Basis of Determination about Criterion The district has appropriate procedures for the transfer of parental rights at the student’s age of majority. One year prior to the student reaching age 18, the district informs the student and the parent/guardian of the rights that will transfer from the parent/guardian to the student upon the student’s 18th birthday. Worcester Public Schools Mid-cycle Report June 22, 2012 Page 1 of 18 If Partially Implemented or Not Implemented: (a) Required Corrective Action and Timelines for Implementation (b) Progress Report Due Date(s) and Required Elements Criterion Criterion Implemented Criterion Partially Implemented (PI) or Not Implemented (NI) PI Method(s) of Investigation Student Record Review Staff Interviews Basis of Determination about Criterion The review of student records indicated that regular education teachers were not in attendance at the IEP Team meeting when it was necessary for regular education participation, with no indication of having been excused through the procedures described by regulation. SE 8 IEP Team composition and attendance If Partially Implemented or Not Implemented: (a) Required Corrective Action and Timelines for Implementation Conduct a district-wide analysis of student records of IEP meetings held between January and April of 2012 to determine why regular education teachers, when required, do not participate in the IEP Team meeting and why the district is not consistently following the requirement to formally document the excusal of attendance for regular education teachers. The district must seek the written consent of the parent to an excusal. The district must also require each teacher to provide written input to the Team with regard to the development of the IEP if the parent agrees to the excusal. Based on the results of the analysis, provide the district’s determination of the root cause(s) of the noncompliance, the steps the district proposes to correct the root causes(s) and a timeline for the implementation of those corrections. The district must conduct an internal review of a sample of student records Worcester Public Schools Mid-cycle Report June 22, 2012 Page 2 of 18 (b) Progress Report Due Date(s) and Required Elements Please submit a narrative description of the results of the analysis conducted, the district’s corrective actions and the associated timelines by October 31, 2012. Submit the results of the review of student records. Indicate the number of student records reviewed, the number of student records in compliance, Criterion Criterion Implemented Criterion Partially Implemented (PI) or Not Implemented (NI) Method(s) of Investigation Basis of Determination about Criterion If Partially Implemented or Not Implemented: (a) Required Corrective Action and Timelines for Implementation from all school levels of IEP Team meetings conducted after all corrective actions have been implemented for evidence of the participation of regular education teachers or evidence that appropriate excusal procedures were followed, including documentation in the student record. *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). SE 18A IEP Student Record IEP plans address the skills and proficiencies needed to avoid and Worcester Public Schools Mid-cycle Report June 22, 2012 Page 3 of 18 (b) Progress Report Due Date(s) and Required Elements for all records not in compliance with this criterion, determine the root cause(s) of the noncompliance and provide the district’s plan to remedy the noncompliance. This progress report is due January 31, 2013. Criterion Criterion Implemented development and content Criterion Partially Implemented (PI) or Not Implemented (NI) Method(s) of Investigation Review Staff Interviews Basis of Determination about Criterion respond to bullying, harassment, or teasing when the IEP Team evaluation indicated that a student’s disability affects social skills development or when the student’s disability makes him or her vulnerable to bullying, harassment or teasing. The IEP Team considers and specifically addresses the skills and proficiencies needed to avoid and respond to bullying for students identified with a disability on the autism spectrum. Student Record Review SE 25 Parental consent Staff Interviews The district has a policy and follows a procedure to ensure that if parent revocation of consent for the continuation of special education services occurs, the district acts promptly to provide written notice (and a copy of procedural safeguards) to the parent of the district’s proposal to discontinue services. Worcester Public Schools Mid-cycle Report June 22, 2012 Page 4 of 18 If Partially Implemented or Not Implemented: (a) Required Corrective Action and Timelines for Implementation (b) Progress Report Due Date(s) and Required Elements Additional Special Education Criteria Monitored in this Mid-cycle Review Current special education criteria available by scrolling down to the special education instrument at http://www.doe.mass.edu/pqa/review/cpr/default.html Criterion SE 2 Required and Optional Assessments Criterion Implemented Criterion Partially Implemented (PI) or Not Implemented (NI) Method(s) of Investigation PI Student Record Review Staff Interviews Basis of Determination about Criterion If Partially Implemented or Not Implemented: (b) Required Corrective Action and Timelines for Implementation The student record review indicated that there were several IEP plans that did not document the completion of Educational Assessments Part A and B and subsequently could not use the information as part of IEP development as required. For those students whose records were identified by the Department as not containing documentation of Education Assessments Part A and B on the Student Record Issues Worksheet, the district must complete the missing evaluations and conduct an IEP Team meeting to review the assessments and determine if the district’s proposal for services will change. Worcester Public Schools Mid-cycle Report June 22, 2012 Page 5 of 18 Conduct an analysis of a sample of student records from all levels where a re-evaluation was conducted between January 2012 to April 2012 to determine why the district is not completing the (b) Progress Report Due Date(s) and Required Elements For the students identified by the Department, please provide copies of the completed Educational Assessments A and B, along with the IEP Team Meeting notice and N1 notice that would accompany all new proposals for service. Submit a narrative description of the results of the analysis conducted, the district’s Criterion Criterion Implemented Criterion Partially Implemented (PI) or Not Implemented (NI) Method(s) of Investigation Basis of Determination about Criterion If Partially Implemented or Not Implemented: (b) Required Corrective Action and Timelines for Implementation required Educational Assessments Part A and B. Based on the results of the analysis, provide the district’s determination of the root cause(s) of the noncompliance, the steps the district proposes to take to correct the root causes and a timeline for the implementation of those corrections. The district must conduct an internal review of student records after all other corrective actions have been implemented. The record review should examine records across all school levels for re-evaluations that occurred subsequent to the district’s implementation of its corrective actions to ensure that each record contains completed Educational Status A and Educational Status B assessments. * Please note when conducting internal monitoring that the district must maintain the following documentation and Worcester Public Schools Mid-cycle Report June 22, 2012 Page 6 of 18 (b) Progress Report Due Date(s) and Required Elements corrective actions and the associated timelines by October 31, 2012. 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 district’s plan to remedy the non-compliance. This progress report is due January 31, 2013. Criterion Criterion Implemented Criterion Partially Implemented (PI) or Not Implemented (NI) Method(s) of Investigation Basis of Determination about Criterion If Partially Implemented or Not Implemented: (b) Required Corrective Action and Timelines for Implementation (b) Progress Report Due Date(s) and Required Elements make it available to the Department upon request: a) List of the student names and grade levels for the records reviewed; b) Date of the review; c) Name of person(s) who conducted the review, their role(s), and signature(s). SE 4 Reports of Assessment Results PI Student Record Review Staff Interviews Student record review and interviews revealed that summaries of assessments did not consistently contain recommendations for meeting the student’s needs. Conduct an analysis of a cross section of initial evaluations and re-evaluations conducted between January 2012 and April 2012, to determine why assessment summaries do not consistently define in detail and in educationally relevant and common terms, the student’s needs, offering explicit means of meeting those needs. Based on the results of the analysis, provide the district’s determination of the root cause(s) of the noncompliance, the steps the district proposes to take to correct the root causes and a timeline for the implementation of those corrections. The district must conduct an Worcester Public Schools Mid-cycle Report June 22, 2012 Page 7 of 18 Please submit a narrative description of the results of the analysis conducted, the district’s corrective actions and the associated timelines by October 31, 2012. Submit a report of the results of the internal record review. Include the number of student records reviewed; the number of records in compliance; for records not in Criterion Criterion Implemented Criterion Partially Implemented (PI) or Not Implemented (NI) Method(s) of Investigation Basis of Determination about Criterion If Partially Implemented or Not Implemented: (b) Required Corrective Action and Timelines for Implementation internal review of student records after all other corrective actions have been implemented. The district should select a sample of student records across school levels and examine initial evaluations and re-evaluations completed subsequent to the implementation of corrective actions to ensure that assessments summaries are included and contain recommendations for meeting the student’s needs. *Please note when conducting internal monitoring that district must maintain the following documentation and make it available to the Department upon request: a) List of the student names and grade level for the records reviewed; b) Date of the review; c) Name of person(s) who conducted the review, their role(s), and signature(s). SE 14 Review and Student Record The district follows regulatory Worcester Public Schools Mid-cycle Report June 22, 2012 Page 8 of 18 (b) Progress Report Due Date(s) and Required Elements compliance, determine the root cause(s); and the specific action(s) taken by the district to remedy the noncompliance. This progress report is due by January 31, 2013. Criterion Criterion Implemented Criterion Partially Implemented (PI) or Not Implemented (NI) Revision of IEPs Method(s) of Investigation Review Staff Interviews SE 18A IEP Development and Content PI Student Record Review Basis of Determination about Criterion If Partially Implemented or Not Implemented: (b) Required Corrective Action and Timelines for Implementation (b) Progress Report Due Date(s) and Required Elements Please see SE 2. Please See SE 2. Please See SE 2. Student records indicated that at all levels: elementary, middle and high school, the district does not consistently and immediately provide the parent with two (2) copies of the proposed IEP and proposed Develop appropriate procedures to ensure that following the development of the IEP, the school district provides the parent with two copies of the proposed IEP and proposed placement, along with the required notice in the time frame required under the Department’s guidance. The guidance can be found on the Department’s website at: Provide a copy of the revised procedures. procedures with respect to holding IEP annual review meetings on or before the anniversary date of the IEP and when appropriate, developing amendments to an IEP. Staff Interviews SE 18B Determination of Placement; Provision of IEP to Parents PI Student Record Review Staff Interviews Worcester Public Schools Mid-cycle Report June 22, 2012 Page 9 of 18 Provide evidence of the training for IEP Chairpersons. Include the names of the trainer, the names, roles and signatures of the participants, the Criterion Criterion Implemented Criterion Partially Implemented (PI) or Not Implemented (NI) Method(s) of Investigation Basis of Determination about Criterion If Partially Implemented or Not Implemented: (b) Required Corrective Action and Timelines for Implementation (b) Progress Report Due Date(s) and Required Elements placement along with the required notice following the development of the IEP. http://www.doe.mass.edu/news/n ews.aspx?id=3182 agenda and copies of materials used. Please provide training to all IEP Chairpersons on the requirement to implement the appropriate procedures for providing the parent with two copies of the proposed IEP and placement, along with the required notice. These progress reports are due by October 31, 2012. Develop an internal oversight and tracking system with periodic review by designated person(s) to ensure that the parent is provided with two copies of the proposed IEP and proposed placement along with the required notice immediately following the development of the IEP. Select a sample of student records from a cross-section of schools and grade levels to review for evidence of the provision of two copies of the proposed IEP and proposed placement, along with the required notice immediately following the IEP Team meeting. Worcester Public Schools Mid-cycle Report June 22, 2012 Page 10 of 18 Please provide a description of the internal oversight and tracking system and identify the person(s) responsible for the oversight, including the date of the system’s implementation by January 31, 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 Criterion Criterion Implemented Criterion Partially Implemented (PI) or Not Implemented (NI) Method(s) of Investigation Basis of Determination about Criterion If Partially Implemented or Not Implemented: (b) Required Corrective Action and Timelines for Implementation The sample should be taken from those IEP Team meetings that occurred after all corrective actions have been implemented. *Please note when conducting internal monitoring the charter school must maintain the following documentation and make it available to the Department upon request: (a) List of student names and grade levels for the records reviewed; (b) Date of the review; (c) Name of person(s) who conducted the review, with their role(s) and signature(s). SE 20 Least Restrictive Program Selected Student Record Review Staff Interviews The student record review indicated that if consideration of a more restrictive placement is recommended, IEP Teams state why the removal is considered critical to the student’s program. Worcester Public Schools Mid-cycle Report June 22, 2012 Page 11 of 18 (b) Progress Report Due Date(s) and Required Elements this criterion, determine the root cause(s) of the noncompliance and provide the district’s plan to remedy the non-compliance. This progress report is due January 31, 2013. Criterion Criterion Implemented Criterion Partially Implemented (PI) or Not Implemented (NI) Method(s) of Investigation Basis of Determination about Criterion If Partially Implemented or Not Implemented: (b) Required Corrective Action and Timelines for Implementation (b) Progress Report Due Date(s) and Required Elements SE 22 IEP Implementation and Availability Student Record Review Staff Interviews The student record review and staff interviews indicated that the district tracks the removal of students from special education classes who are referred to the Safety Center for disciplinary purposes and counts these removals as a suspension. See also SE 46. SE 29 Communications are in English and the Primary Language of the Home PI A review of student records indicated that when the primary language of the parent is other than English, the district does not always provide written communication in both English and their primary Worcester Public Schools Mid-cycle Report June 22, 2012 Page 12 of 18 Please obtain translations and submit evidence that the district translated the most recent IEP notice and IEP for the families of the students identified in the Student Record Issues Worksheet. Please provide the IEP Team chairpersons with training on the procedures to secure translations. Please provide copies of the translated notice of the district’s proposal and the IEP for those families identified by the Department. Please provide evidence of the staff training including Criterion Criterion Implemented Criterion Partially Implemented (PI) or Not Implemented (NI) Method(s) of Investigation Basis of Determination about Criterion language. If Partially Implemented or Not Implemented: (b) Required Corrective Action and Timelines for Implementation Please track in the district’s data management system whether parents require written communications in a language other than English. It should be noted that one method of collecting this information is through the administration of the district’s Home Language Survey. Please be sure to identify the personnel responsible for the data tracking and translation protocols. The district must conduct a student record review. Please select a sample of student records across school levels with IEP activities conducted subsequent to the district’s implementation of all corrective actions to verify that families who require translations received translated IEP notices and documents. Worcester Public Schools Mid-cycle Report June 22, 2012 Page 13 of 18 (b) Progress Report Due Date(s) and Required Elements the agenda and signed attendance sheet with the name and role of staff. Please identify the personnel responsible for the data tracking and obtaining translations. This progress report is due October 31, 2012. 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 Criterion Criterion Implemented Criterion Partially Implemented (PI) or Not Implemented (NI) Method(s) of Investigation Basis of Determination about Criterion If Partially Implemented or Not Implemented: (b) Required Corrective Action and Timelines for Implementation (b) Progress Report Due Date(s) and Required Elements provide the district’s plan to remedy the non-compliance. This progress report is due January 30, 2013. SE 37 Procedures for Approved and Unapproved Outof-District Placements Student Record Review Staff Interviews Student records and staff interviews indicated that monitoring plans for students with out-of-district placements were included in the student records. Progress reports were included and contracts included a statement indicating that the out-ofdistrict placement shall allow the placing school district and/or the Department of Education to conduct announced and unannounced Worcester Public Schools Mid-cycle Report June 22, 2012 Page 14 of 18 Criterion Criterion Implemented Criterion Partially Implemented (PI) or Not Implemented (NI) Method(s) of Investigation Basis of Determination about Criterion site visits and to review all documents relating to the provision of special education services to Massachusetts students provided at public expense. SE 46 Suspension Procedures for Students with Disabilities Student Record Review Staff Interviews Staff interviews and the student record review indicated that schools in the district consider a pattern of removal, such as placement in the Safety Center, as a change in placement or as a removal that is counted in the ten consecutive or cumulative days that requires a manifestation determination. Worcester Public Schools Mid-cycle Report June 22, 2012 Page 15 of 18 If Partially Implemented or Not Implemented: (b) Required Corrective Action and Timelines for Implementation (b) Progress Report Due Date(s) and Required Elements Criterion Criterion Implemented Criterion Partially Implemented (PI) or Not Implemented (NI) Method(s) of Investigation Basis of Determination about Criterion If Partially Implemented or Not Implemented: (b) Required Corrective Action and Timelines for Implementation (b) Progress Report Due Date(s) and Required Elements SE 48 Equal Opportunity to Participate in All Nonacademic, Extracurricular and Ancillary Programs Student Record Review Staff Interviews Student records and staff interviews indicated that all students receiving special education that are also limited English proficient have an equal opportunity to receive English as a Second Language ( ESL) services or have access to a program that is consistent with the requirements of Chapter 71A that is available to nondisabled students. SE 55 Facilities PI On-site Observation Onsite observations indicated that the district has made substantial progress towards full compliance under this criterion since the last Coordinated Program Review. The special Worcester Public Schools Mid-cycle Report June 22, 2012 Page 16 of 18 The district must develop a plan that demonstrates an acceptable solution to this on-going issue. The school must find space at the school for the related services of Occupational Therapy and Physical Therapy. The Department will conduct an Please submit a description of the district’s action(s) to achieve compliance at the City View Elementary School. This progress report is due by October 31, 2012. Criterion Criterion Implemented Criterion Partially Implemented (PI) or Not Implemented (NI) Method(s) of Investigation Basis of Determination about Criterion If Partially Implemented or Not Implemented: (b) Required Corrective Action and Timelines for Implementation education classrooms at South High School, Worcester East Middle School, Norback Elementary School, Burncoat Middle School, Quinsigamond Elementary School and Chandler Elementary School are no longer clustered together and the placement of special education classrooms ensures that students are included into the life of these schools. onsite verification visit after the review of the district’s corrective action. There is adequate space for psychological services at the Nelson Place Elementary School. Students are no longer overloaded Worcester Public Schools Mid-cycle Report June 22, 2012 Page 17 of 18 (b) Progress Report Due Date(s) and Required Elements Criterion Criterion Implemented Criterion Partially Implemented (PI) or Not Implemented (NI) Method(s) of Investigation Basis of Determination about Criterion in substantially separate classes at the Burncoat High School. However, the City View Elementary School observation indicated that OT and PT are conducted in the corridor/hallways of the ground floor level. Worcester Public Schools Mid-cycle Report June 22, 2012 Page 18 of 18 If Partially Implemented or Not Implemented: (b) Required Corrective Action and Timelines for Implementation (b) Progress Report Due Date(s) and Required Elements MASSACHUSETTS DEPARTMENT OF ELEMENTARY AND SECONDARY EDUCATION MID-CYCLE REVIEW School District: Worcester Public Schools M I D – CY C L E P R O G R E S S R E P O R T Date Prepared: ____________________________________ Prepared by: __________________________________________________________________ (name and title) Criterion: _______________________ Topic: ________________________________________________________________________ For each criterion for which you prepare a progress report, please make a copy of this cover page, fill in the information requested above, and attach a complete description of the corrective action taken and any accompanying documentation. (Description of corrective action for each criterion and any accompanying documentation should include all of the “Progress Report Required Elements” for that criterion in the Mid-cycle Report.) Send the whole set of completed progress reports to: Darlene Lynch, Director Program Quality Assurance Services Massachusetts Department of Elementary and Secondary Education 75 Pleasant Street Malden, MA 02148-4906 Mid-cycle Report & Cover Letter with Mid-cycle PR Form 2011