Massachusetts Department of Elementary and Secondary Education 75 Pleasant Street, Malden, Massachusetts 02148-4906 Telephone: (781) 338-3700 TTY: N.E.T. Relay 1-800-439-2370 July 27, 2010 Mr. Mark Carlson Executive Director Beverly School for the Deaf Adapt Day Program and Summer Program 6 Echo Avenue Beverly, MA 01915 Re: Mid-cycle Review and Verification of previous Program Review Corrective Action Plan Dear: Mr. Carlson: Enclosed are the Department’s findings regarding your private school program’s recent onsite Mid-cycle Review. This Mid-cycle Review Report contains the Department's findings regarding the implementation status and effectiveness of corrective steps taken in response to your previous Program Review Report issued on June 15, 2007. This report also includes a report on the status of implementation for new state or federal special education requirements enacted since your program’s last Program Review. We are pleased to indicate that the Department of Elementary and Secondary Education has found your program’s approved Corrective Action Plan to be substantially implemented and effective in remedying previously identified noncompliance issues. Additionally, we have determined that your program is in substantial compliance with any new state or federal special education requirements enacted since your last Program Review. The findings of the Department are included in the attached Mid-cycle Review Report. You and your entire staff are to be congratulated for your efforts in implementing all necessary improvements. Your program will now receive an updated status of “Full Approval.” This approval shall remain in effect for three (3) years and will be contingent upon continued compliance with all regulations contained within 603 CMR 28.00 “Special Education Regulations” and 603 CMR 18.00 “Program And Safety Standards For Approved Public Or Private Day And Residential Special Education School Programs.” The Department of Elementary and Secondary Education may change this approval status at any point during this three-year period if circumstances arise that warrant such a change. Page 1 of 2 The Department will notify you of your program’s next regularly scheduled Program Review several months before it is to occur. At this time we anticipate the Department's next routine monitoring visit to occur sometime during the 2012-2013 school year, unless the Department determines that there is some reason to schedule this visit earlier. Your staff's cooperation throughout these follow-up monitoring activities is appreciated. Should you require additional clarification of information included in our report, please do not hesitate to contact the Onsite Team Chairperson Helen Murgida at 781-338- 3713. Sincerely, Helen M. Murgida, Mid-cycle Review Chairperson Program Quality Assurance Services Darlene Lynch, Director Program Quality Assurance Services c: Mitchell D. Chester, Ed.D., Commissioner of Elementary and Secondary Education Leonard Femino, Chairperson, Board of Directors Stefani Waterman, Local Program Review Coordinator Encl.: Mid-cycle Review Report Full Private School Approval Certificate, Expiration Date: August 31, 2013 Page 2 of 2 MASSACHUSETTS DEPARTMENT OF ELEMENTARY AND SECONDARY EDUCATION PRIVATE SCHOOL MID-CYCLE REVIEW BEVERLY SCHOOL FOR THE DEAF ADAPT DAY PROGRAM AND SUMMER PROGRAM MID-CYCLE REVIEW REPORT Previous Program Review Corrective Action Plan Submitted on October 10, 2007 Progress Reports Submitted on November 9, 2007 Mid-cycle Onsite Visit Conducted on December 3 and 4, 2009 Date of this Report: July 27, 2010 Criterion Number and Topic Implementati on Status of Requirements or Corrective Action Plan Determined to be Substantially Implemented Method(s) of Verifica-tion Comments Regarding Corrective Action Plan Implementation Corrective Action Plan Determined to be Not Fully Implemented or Additional Issues Identified Findings Regarding Incomplete Implementation of Approved Corrective Action Plan or Identification of Additional Issues of Noncompliance Selected Approved Private School Program Mid-cycle Review Criteria Beverly School for the Deaf Adapt Day and Summer Programs Mid-cycle Review Report July 27, 2010 Page 1 of 10 Further Corrective Action Ordered by the Department of Elementary and Secondary Education and Timelines for Implementation and Further Progress Reporting Criterion Number and Topic Implementati on Status of Requirements or Corrective Action Plan Determined to be Substantially Implemented Method(s) of Verifica-tion Comments Regarding Corrective Action Plan Implementation 2.2 Approvals, Licenses, Certificates of Inspection Corrective Action Plan Determined to be Not Fully Implemented or Additional Issues Identified Findings Regarding Incomplete Implementation of Approved Corrective Action Plan or Identification of Additional Issues of Noncompliance Documentation Beverly School for the Deaf submitted all current approvals, licenses, and certificates of inspection. 18.04(1); 28.09(2)(b)(5); 28.09(5) (b); 28.09(6) (b, c) 2.3 EEC Licensure Not Applicable Beverly School for the Deaf Adapt Program is approved as a Day School Program 102 CMR 3.00 (Residential Schools only) 8.4 Program Modifications and Support Services for Limited English Proficient Students Documentation Beverly School for the Deaf submitted a written policy on how they will implement necessary program modifications and support services for limited English proficient students that meets all the requirements stated in the criterion. Beverly School for the Deaf Adapt Day and Summer Programs Mid-cycle Review Report July 27, 2010 Page 2 of 10 Further Corrective Action Ordered by the Department of Elementary and Secondary Education and Timelines for Implementation and Further Progress Reporting Criterion Number and Topic Implementati on Status of Requirements or Corrective Action Plan Determined to be Substantially Implemented Method(s) of Verifica-tion Comments Regarding Corrective Action Plan Implementation Corrective Action Plan Determined to be Not Fully Implemented or Additional Issues Identified Findings Regarding Incomplete Implementation of Approved Corrective Action Plan or Identification of Additional Issues of Noncompliance M.G.L. c. 71A; Title VI 8.5 Current IEP & Student Roster Documentation The current IEP and student roster is complete and contains all required elements. Documentation The Educational Administrator meets the required qualification to serve in this position. 28.09(5)(a) 11.3 Educational Administrator Qualifications Personnel Record Review 28.09(5)(a); 28.09(7)(a); 603 CMR 44.00 11.4 Teachers (Special Education Teachers and Regular Education Documentation Personnel Record Review Interviews Beverly School for the Deaf documented that all teaching staff have current teaching licenses or are on an approved waivers issued by the Department to serve in a teaching role. Beverly School for the Deaf Adapt Day and Summer Programs Mid-cycle Review Report July 27, 2010 Page 3 of 10 Further Corrective Action Ordered by the Department of Elementary and Secondary Education and Timelines for Implementation and Further Progress Reporting Criterion Number and Topic Implementati on Status of Requirements or Corrective Action Plan Determined to be Substantially Implemented Method(s) of Verifica-tion Comments Regarding Corrective Action Plan Implementation Corrective Action Plan Determined to be Not Fully Implemented or Additional Issues Identified Findings Regarding Incomplete Implementation of Approved Corrective Action Plan or Identification of Additional Issues of Noncompliance Teachers) 18.05(11)(f); 28.09(5)(a); 28.09(7)(b, c); 34 CFR 300.321 11.5 Related Services Staff Personnel Record Review 28.09(7)(d) 11.6 Master Staff Roster 28.09(7) Documentation Documentation Beverly School for the Deaf submitted documentation that staff providing or supervising the provision of related services are appropriately certified, licensed or registered in their professional area. Note that the program utilizes a student supervised by her clinical practicum as part of her training for the purpose of delivering speech and language services to students. Beverly School for the Deaf submitted a master staff roster and written narrative describing previous discrepancies on the Beverly School for the Deaf Adapt Day and Summer Programs Mid-cycle Review Report July 27, 2010 Page 4 of 10 Further Corrective Action Ordered by the Department of Elementary and Secondary Education and Timelines for Implementation and Further Progress Reporting Criterion Number and Topic Implementati on Status of Requirements or Corrective Action Plan Determined to be Substantially Implemented Method(s) of Verifica-tion Comments Regarding Corrective Action Plan Implementation Corrective Action Plan Determined to be Not Fully Implemented or Additional Issues Identified Findings Regarding Incomplete Implementation of Approved Corrective Action Plan or Identification of Additional Issues of Noncompliance organizational chart. The executive director and education director are not overseeing programs other than the Adapt Day and Summer Programs. Identified Areas of Non-Compliance During the 2007 Program Review or Other Areas of Concern 5.2(a) Contracts 28.06(3)(f) Formerly criteria 5.2 Policies and Procedures for Coordination/ Collaboration with Public School Districts Documentation Student Record Review Interviews Beverly School for the Deaf now has contracts signed by both the LEA and program director and all contracts reviewed were consistent with the requirements of 603 CMR 28.06(3)(f). 28.06(2-3) 28.09(9)(c)&(d) 28.09(2)(b)7 Beverly School for the Deaf Adapt Day and Summer Programs Mid-cycle Review Report July 27, 2010 Page 5 of 10 Further Corrective Action Ordered by the Department of Elementary and Secondary Education and Timelines for Implementation and Further Progress Reporting Criterion Number and Topic Implementati on Status of Requirements or Corrective Action Plan Determined to be Substantially Implemented Method(s) of Verifica-tion Comments Regarding Corrective Action Plan Implementation Corrective Action Plan Determined to be Not Fully Implemented or Additional Issues Identified Findings Regarding Incomplete Implementation of Approved Corrective Action Plan or Identification of Additional Issues of Noncompliance Federal Regulations: 300.349 and 300.400-.401 8.8 IEP – Progress Reports Student Record Review 28.07(3); 34 CFR 300.320(a)(3)(i, ii) 9.1(a) Student Separation Resulting from Behavior Management Documentation Student records now include documentation of persons or agencies receiving progress reports. Interviews Documentation Student Record Review Beverly School for the Deaf provided a copy if its written student separation policy that now includes all elements of this criterion. Interviews 18.05(5)(i); 18.05(6, 7); 46.02(5)(b) Beverly School for the Deaf Adapt Day and Summer Programs Mid-cycle Review Report July 27, 2010 Page 6 of 10 Further Corrective Action Ordered by the Department of Elementary and Secondary Education and Timelines for Implementation and Further Progress Reporting Criterion Number and Topic 10.1 Staffing for Instructional Groupings Implementati on Status of Requirements or Corrective Action Plan Determined to be Substantially Implemented Method(s) of Verifica-tion Documentation Interviews Observations 18.05(11)(g, i) 28.09(7)(f) Corrective Action Plan Determined to be Not Fully Implemented or Additional Issues Identified Findings Regarding Incomplete Implementation of Approved Corrective Action Plan or Identification of Additional Issues of Noncompliance 28.06(6)(d); 28 09(7)(e) 12.1 New Staff Orientation and Training Comments Regarding Corrective Action Plan Implementation Documentation Personnel Record Review Beverly School for the Deaf has received ESE approval for a staff ratio of 4:1. Documentation submitted indicates that the program now maintains these approved ratios for each instructional grouping that meets all the required elements in this criterion. Beverly School for the Deaf now provides new staff orientation and training for volunteers and interns that now includes all required trainings under this criteria. Formerly criteria 12.2 (g) Interns and Volunteers Beverly School for the Deaf Adapt Day and Summer Programs Mid-cycle Review Report July 27, 2010 Page 7 of 10 Further Corrective Action Ordered by the Department of Elementary and Secondary Education and Timelines for Implementation and Further Progress Reporting Criterion Number and Topic 12.2 In-Service Training Plan and Calendar 28.09(7)(f); 28.09(9)(b); 28.09(10); 18.03(3); 18.05(9)(e)(1); 18.05(10); 18.05(11)(h) Title VI: 42 U.S.C. 2000d; 34 CFR 100.3; EEOA: 20 U.S.C. 1703(f); Title IX: 20 U.S.C. 1681; 34 CFR 106.31-106.42; M.G.L. c. 76, § 5; 603 CMR 26.00, esp. 26.07(2, 3) Implementati on Status of Requirements or Corrective Action Plan Determined to be Substantially Implemented Method(s) of Verifica-tion Comments Regarding Corrective Action Plan Implementation Corrective Action Plan Determined to be Not Fully Implemented or Additional Issues Identified Findings Regarding Incomplete Implementation of Approved Corrective Action Plan or Identification of Additional Issues of Noncompliance Documentation Personnel Record Review Beverly School for the Deaf now provides in-service training for all staff that now includes all required trainings under this criteria. Beverly School for the Deaf Adapt Day and Summer Programs Mid-cycle Review Report July 27, 2010 Page 8 of 10 Further Corrective Action Ordered by the Department of Elementary and Secondary Education and Timelines for Implementation and Further Progress Reporting Criterion Number and Topic 15.5 Parent Consent and Required Notification Implementati on Status of Requirements or Corrective Action Plan Determined to be Substantially Implemented Method(s) of Verifica-tion Documentation Student Record Review 18.05(1)(b) (16); Title IX: 20 U.S.C. 1681; 34 CFR 106.8; Section 504: 29 Corrective Action Plan Determined to be Not Fully Implemented or Additional Issues Identified Findings Regarding Incomplete Implementation of Approved Corrective Action Plan or Identification of Additional Issues of Noncompliance 18.05(5)(c); 18.05(8); 18.05(9)(f)(1); 18.05 (9)(j); M.G.L. c. 71, § 32A 15.8 Registering Complaints and Grievances – Parents, Students and Employees Comments Regarding Corrective Action Plan Implementation Documentation Interviews Student Record Review Beverly School for the Deaf submitted a copy of its restraint consent form that is provided to parents prior to the utilization of this technique. Student Record review indicated the program now keeps the signed consent forms in each student’s record as required. Beverly School for the Deaf submitted grievance procedures for parents, students, and employees that now includes procedures for parents and students registering complaints regarding the student’s education and care at the school, procedures for students registering complaints alleging discrimination, and procedures for employees registering complaints alleging Beverly School for the Deaf Adapt Day and Summer Programs Mid-cycle Review Report July 27, 2010 Page 9 of 10 Further Corrective Action Ordered by the Department of Elementary and Secondary Education and Timelines for Implementation and Further Progress Reporting Criterion Number and Topic Implementati on Status of Requirements or Corrective Action Plan Determined to be Substantially Implemented Method(s) of Verifica-tion Comments Regarding Corrective Action Plan Implementation U.S.C. 794; 34 CFR 104.7; Title II: 42 U.S.C. 12132; 28 CFR 35.107 Corrective Action Plan Determined to be Not Fully Implemented or Additional Issues Identified Findings Regarding Incomplete Implementation of Approved Corrective Action Plan or Identification of Additional Issues of Noncompliance discrimination that meet all the required elements in this criterion. Beverly School for the Deaf Adapt Day and Summer Programs Mid-cycle Review Report July 27, 2010 Page 10 of 10 Further Corrective Action Ordered by the Department of Elementary and Secondary Education and Timelines for Implementation and Further Progress Reporting