Massachusetts Department of Elementary and Secondary Education

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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

November 30, 2012

Jay Indik, Executive Director

Cutchins Programs for Children and Families

New Directions Day Program

78 Pomeroy Terrace

Northampton, MA 01060

Re: Mid-cycle Review and Verification of previous Program Review Corrective Action Plan

Dear Mr. Indik:

Enclosed is the Department of Elementary and Secondary Education’s (“Department”) Midcycle Report based upon the Mid-cycle review conducted in your private school program in

November, 2012. 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 August 31, 2010. 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, as well as some additional areas of concern the

Department followed-up on based on a July, 2012 incident that occurred at the school and related action steps the Department required of the program at that time.

While the Department found certain noncompliance issues to be resolved, others were partially corrected, not addressed at all and/or new issues were identified by the Department’s onsite team. Therefore, the Department is issuing a “Provisional Approval” status effective from the date of this letter and indicated on your approval certificate. Your “Provisional Approval” will expire on February 4, 2013. The reasons for the “Provisional Approval” are clearly indicated on the attached Mid-cycle Review Report.

As the Department previously informed you, in cases where a program fails to fully and effectively implement a Corrective Action Plan which was proposed by your program and approved by the Department, the Department must then prepare a Corrective Action Plan for the program which must be implemented without further delay. You will find these requirements for corrective action and further progress reporting included in the attached report, together with any steps that must be taken by the program to fully implement new special education requirements.

Please provide the Department with your written assurance that the Department's requirements for corrective action will be implemented by your program within the timelines specified. Your statement of assurance must be submitted to the Department's Onsite Chairperson by

Page 1 of 2

December 11, 2012.

Please be advised that the attached Department Approval Certificate must be conspicuously posted in a public place within the program as required by 603 CMR 28.09.

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 at 781-338-3719.

Sincerely,

Amy B. Krukonis, 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

Benjamin Barnes, Chairperson, Board of Directors

Justin W. Smith, Local Program Review Coordinator

Encl.: Mid-cycle Review Report

Provisional Private School Approval Certificate, Expiration Date: February 4, 2013

Page 2 of 2

MASSACHUSETTS DEPARTMENT OF

ELEMENTARY AND SECONDARY EDUCATION

PRIVATE SCHOOL MID-CYCLE REVIEW

Cutchins Programs for Children and Families

New Directions Day Program

MID-CYCLE REVIEW REPORT

Previous Program Review Corrective Action Plan Submitted on September 30, 2010

Progress Reports Submitted on December 15, 2010

Program’s reports addressing July, 2012 incident dated July 19, 2012, August 31, 2012 and September 13, 2012

Department’s responses dated August 8, 2012, August 21, 2012 and September 24, 2012

Mid-cycle Onsite Visit Conducted on November 5, 2012

Date of this Report: November 30, 2012

Cutchins Programs for Children and Families, New Directions Day Program Mid-cycle Review Report

November 30, 2012

Page 1 of 15

Criterion

Number and

Topic

2.2 Approvals,

Licenses,

Certificates of

Inspection

18.04(1);

28.09(2)(b)(5);

28.09(5) (b);

28.09(6) (b, c)

2.3 EEC

Licensure

102 CMR 3.00

(Residential

Programs only)

Implementation

Status of

Requirements or

Corrective

Action Plan

Determined to be

Substantially

Implemented

Method(s) of

Verification

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

Not Applicable

Documentation New Directions Day Program has current licenses, approvals and certificates of inspection by state and local agencies as required.

New Directions is a day program; therefore this criterion is not applicable.

Cutchins Programs for Children and Families, New Directions Day Program Mid-cycle Review Report

November 30, 2012

Page 2 of 15

Further Corrective Action

Ordered by the

Department of Elementary and Secondary Education and Timelines for

Implementation and

Further Progress

Reporting

Criterion

Number and

Topic

6.1 Daily

Instructional

Hours

603 CMR

27.04

&

6.4 School

Days Per Year

603 CMR

27.05(2);

28.09(9)(a)

8.5 Current

IEP & Student

Roster

28.09(5)(a)

Implementation

Status of

Requirements or

Corrective

Action Plan

Determined to be

Substantially

Implemented

Method(s) of

Verification

Comments Regarding

Corrective Action Plan

Implementation

Documentation New Directions Day Program submitted documentation that verifies the required number of school days and the required number of instructional hours are being offered to the students.

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

Further Corrective Action

Ordered by the

Department of Elementary and Secondary Education and Timelines for

Implementation and

Further Progress

Reporting

Documentation

Student Record

Review

Interviews

New Directions Day Program has current IEP’s for each enrolled Massachusetts student that have been issued by the responsible public school district and consented to and dated by the student’s

Cutchins Programs for Children and Families, New Directions Day Program Mid-cycle Review Report

November 30, 2012

Page 3 of 15

Criterion

Number and

Topic

11.3

Educational

Administrator

Qualifications

28.09(5)(a);

28.09(7)(a);

603 CMR

44.00

Implementation

Status of

Requirements or

Corrective

Action Plan

Determined to be

Substantially

Implemented

Method(s) of

Verification

Comments Regarding

Corrective Action Plan

Implementation

Documentation

Interviews parent(s).

New Directions Day Program has designated an Educational

Administrator who possesses the required qualifications to serve in this position.

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

Further Corrective Action

Ordered by the

Department of Elementary and Secondary Education and Timelines for

Implementation and

Further Progress

Reporting

Cutchins Programs for Children and Families, New Directions Day Program Mid-cycle Review Report

November 30, 2012

Page 4 of 15

Criterion

Number and

Topic

11.4 Teachers

(Special

Education

Teachers and

Regular

Education

Teachers)

18.05(11)(f);

28.09(5)(a);

28.09(7)(b, c);

34 CFR

300.321

11.5 Related

Services Staff

28.09(7)(d)

Implementation

Status of

Requirements or

Corrective

Action Plan

Determined to be

Substantially

Implemented

Method(s) of

Verification

Documentation

Interviews

Comments Regarding

Corrective Action Plan

Implementation

New Directions Day Program has teachers who are appropriately licensed or on approved waivers in grade and subject areas as required, which are appropriate to meet the needs of the student population.

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

Further Corrective Action

Ordered by the

Department of Elementary and Secondary Education and Timelines for

Implementation and

Further Progress

Reporting

Documentation

Interviews

New Directions Day Program has appropriately certified, licensed or registered related services staff as required.

Cutchins Programs for Children and Families, New Directions Day Program Mid-cycle Review Report

November 30, 2012

Page 5 of 15

Criterion

Number and

Topic

11.6 Master

Staff Roster

28.09(7)

19 Anti-Hazing

M.G.L. c. 269,

§§ 17 through

19

20 Bullying

Implementation

Status of

Requirements or

Corrective

Action Plan

Determined to be

Substantially

Implemented

Method(s) of

Verification

Comments Regarding

Corrective Action Plan

Implementation

Documentation

Interviews

Documentation

Student Record

Review

New Directions Day Program maintains a Master Staff

Roster which includes all staff positions within the program and that corresponds to the last approved Program Budget.

New Directions Day Program submitted copies of student handbooks distributed to students and documented students’ receipt of a copy of the school program’s antihazing disciplinary policy approved by the program’s

Board of Directors for every secondary age student enrolled full-time, and every student group, and/or student team as required.

Documentation New Directions Day Program

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

Cutchins Programs for Children and Families, New Directions Day Program Mid-cycle Review Report

November 30, 2012

Page 6 of 15

Further Corrective Action

Ordered by the

Department of Elementary and Secondary Education and Timelines for

Implementation and

Further Progress

Reporting

Refer to Criterion 4.4 below.

Criterion

Number and

Topic

Prevention and

Intervention

M.G.L. c. 71, s.

37H, as amended by

Chapter 92 of the Acts of

2010. M.G.L. c. 71, s.

37O(e)(1) &

(2). M.G.L. c.

71, s. 370(d).

Implementation

Status of

Requirements or

Corrective

Action Plan

Determined to be

Substantially

Implemented

Method(s) of

Verification

Interviews

Comments Regarding

Corrective Action Plan

Implementation submitted a description of how it amended its student admissions materials/handbook to contain an age-appropriate summary of its Bullying Prevention and

Intervention Plan; a description of how it was distributed; and a description of the professional development plan developed by the program for all staff and provided evidence of its implementation including dates, format used, and sign-in sheets indicating staff attendance.

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

Further Corrective Action

Ordered by the

Department of Elementary and Secondary Education and Timelines for

Implementation and

Further Progress

Reporting

Cutchins Programs for Children and Families, New Directions Day Program Mid-cycle Review Report

November 30, 2012

Page 7 of 15

Criterion

Number and

Topic

Implementation

Status of

Requirements or

Corrective

Action Plan

Determined to be

Substantially

Implemented

Method(s) of

Verification

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

Further Corrective Action

Ordered by the

Department of Elementary and Secondary Education and Timelines for

Implementation and

Further Progress

Reporting

4.4

Advance

Notice of

Proposed

Program/

Facility

Change

28.09 (5)(c)

Identified Areas of Non-Compliance from the 2009-2010 Program Review and Other Areas of Concern

Documentation

Interviews

At the time of the Midcycle Review, documentation and interviews indicate that

New Directions Day

Program eliminated the

Psychologist/Doctorate position (UFR#122) without notifying or obtaining approval from the Department as required. This position remains an approved position as indicated on the last approved

Program Budget.

By December 21, 2012 ,

New Directions Day

Program must submit a copy of the program’s written procedures for notifying the

Department of substantial changes within the program.

Submit a Form 1 notifying the

Department of the substantial change within the program, specific to the elimination/reallocation of UFR# 122.

Cutchins Programs for Children and Families, New Directions Day Program Mid-cycle Review Report

November 30, 2012

Page 8 of 15

Criterion

Number and

Topic

4.5 Immediate

Notification

18.03(10);

18.05(7);

28.09(12) (a, b)

Implementation

Status of

Requirements or

Corrective

Action Plan

Determined to be

Substantially

Implemented

Method(s) of

Verification

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

Interviews

The Department’s review of this criterion is based on an incident that occurred at the school in July, 2012.

New Directions Day Program was required to submit a copy of the program’s revised written procedures for notifying all appropriate parties of serious incidents, including the contact persons responsible for providing such notification.

The Department found the program to have revised the policy to clearly list contacts responsible for correct implementation of the

Cutchins Programs for Children and Families, New Directions Day Program Mid-cycle Review Report

November 30, 2012

Page 9 of 15

Further Corrective Action

Ordered by the

Department of Elementary and Secondary Education and Timelines for

Implementation and

Further Progress

Reporting

Criterion

Number and

Topic

9.1(a) Student

Separation

Resulting from

Behavior

Management

18.05(5)(i);

46.02(5)(b)

Implementation

Status of

Requirements or

Corrective

Action Plan

Determined to be

Substantially

Implemented

Method(s) of

Verification

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

Student Record

Review

Interviews

Observation procedures outlined in the policy. Interviews and observations at the Mid-cycle

Review indicate that staff and administration are trained on the new policy and the procedures are being implemented according to the revised policy.

At the time of the 2010

Program Review, New

Directions Day Program submitted a revised policy and procedure on student separation resulting from behavior management as part of their corrective action plan.

This plan specified that students in a time out room would be monitored by staff at

 At the time of the Midcycle Review, interviews and observation indicate that students cannot be observed in all parts of the time out room as required when staff are observing through the peep hole in the door.

In addition, interviews

Cutchins Programs for Children and Families, New Directions Day Program Mid-cycle Review Report

November 30, 2012

Page 10 of 15

Further Corrective Action

Ordered by the

Department of Elementary and Secondary Education and Timelines for

Implementation and

Further Progress

Reporting

By December 21, 2012 ,

New Directions Day

Program must submit a copy of the written policies and procedures regarding behavior management specific to student separation and include how the procedures have been changed so that when the time out door is closed the

Criterion

Number and

Topic

Implementation

Status of

Requirements or

Corrective

Action Plan

Determined to be

Substantially

Implemented

Method(s) of

Verification

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 all times and in all parts of the room. In addition, while staff may not close the time out door, students may request to have the door closed. In the event a student requested the time out door to be closed, the staff would be required to observe the student in the peep hole in the door that had just recently been installed. indicate that when a student requests the time out door to be closed, staff allow the light to be turned off and a staff may wait some time before observing a student due to the behavior of the student at the time.

Therefore, the student cannot be observed at all times and in all parts of the room as required.

Documentation review further indicates that the reason for intervention is not reflected on the time

Cutchins Programs for Children and Families, New Directions Day Program Mid-cycle Review Report

November 30, 2012

Page 11 of 15

Further Corrective Action

Ordered by the

Department of Elementary and Secondary Education and Timelines for

Implementation and

Further Progress

Reporting staff are able to observe the student in all parts of the room and that the lights remain on at all times.

New Directions Day

Program must also submit copies of completed time out logs containing all required information, including the reason for intervention, for five students who have required separation resulting from behavior management prior to this progress report submission date.

Criterion

Number and

Topic

10.1 Staffing for

Instructional

Groupings

28.06(6)(d);

28 09(7)(e)

11.11

Implementation

Status of

Requirements or

Corrective

Action Plan

Determined to be

Substantially

Implemented

Method(s) of

Verification

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

Interviews

 out log as required.

At the time of the Midcycle Review, interviews indicate that

New Directions Day

Program includes students from the

Residential Program that is not approved by the Department who attend day schools at alternate sites to be included in the approved Day Program when alternate sites are not in session for weather related circumstances or half days.

Documentation The examination of this

Cutchins Programs for Children and Families, New Directions Day Program Mid-cycle Review Report

November 30, 2012

Page 12 of 15

Further Corrective Action

Ordered by the

Department of Elementary and Secondary Education and Timelines for

Implementation and

Further Progress

Reporting

By December 21, 2012 ,

New Directions Day

Program must submit a statement of assurances that students from the unapproved Residential

Program will not participate in the Department approved

Day Program due to scheduling difficulties within their own day programs.

Criterion

Number and

Topic

Supervision of

Students

Implementation

Status of

Requirements or

Corrective

Action Plan

Determined to be

Substantially

Implemented

Method(s) of

Verification

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

Interviews

Observation criterion is based on a recent incident that occurred at the school in July, 2012.

New Directions Day Program was required to submit a revised policy specific to crisis communication and to provide a written assurance to the

Department that teachers are utilized appropriately to design all instruction for students and that they are available to teacher aides who are delivering that instruction to ensure it is delivered as intended.

The Department found through interviews and observations

Cutchins Programs for Children and Families, New Directions Day Program Mid-cycle Review Report

November 30, 2012

Page 13 of 15

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 (f)

Required

Training-

Emergency

Procedures

18.05 (10);

28.09(11)

Implementation

Status of

Requirements or

Corrective

Action Plan

Determined to be

Substantially

Implemented

Method(s) of

Verification

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

Interviews

Observation that staff and administrators are trained on the new policies and the new policies are currently being implemented.

The examination of this criterion is based on a recent incident that occurred at the school in July, 2012.

New Directions Day Program was required to submit a revised policy specific to crisis communication and the use of certain modes of communication i.e. cell phones and walkie talkie devices.

The Department found through interviews and observation that staff and administration

Cutchins Programs for Children and Families, New Directions Day Program Mid-cycle Review Report

November 30, 2012

Page 14 of 15

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

18.05(5)(c);

18.05(8);

18.05(9)(f)(1);

18.05 (9)(j);

M.G.L. c. 71, §

32A

Implementation

Status of

Requirements or

Corrective

Action Plan

Determined to be

Substantially

Implemented

Method(s) of

Verification

Student Record

Review

Interviews

Comments Regarding

Corrective Action Plan

Implementation are trained on the new policies and are currently implementing them.

At the time of the 2010

Program Review, student records revealed documentation of restraint consents to be inconsistent.

During the Mid-cycle Review, a review of student records and interviews indicate that restraint consents are now obtained annually as required.

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

Further Corrective Action

Ordered by the

Department of Elementary and Secondary Education and Timelines for

Implementation and

Further Progress

Reporting

Cutchins Programs for Children and Families, New Directions Day Program Mid-cycle Review Report

November 30, 2012

Page 15 of 15

Commonwealth of Massachusetts

Department of Elementary and Secondary

Education

Cutchins Programs for Children and Families

New Directions Day Program

A PRIVATE SPECIAL EDUCATION PROGRAM OPERATED PURSUANT TO

603 CMR 18.00 AND 28.09

78 Pomeroy Terrace Northampton, MA 01060

Program Rate Based on: 27 Students

Approved Enrollment: 27 Students

Day Program Residential Program

11 month program 12 month program Summer Program 10 month program

APPROVED STUDENT:LICENSED EDUCATOR RATIO: 8:1

APPROVED STUDENT:LICENSED EDUCATOR:AIDE RATIO: 12:1:1

APPROVAL STATUS

PROVISIONAL

Expires on: February 4, 2013

The current approval is a result of a Mid-cycle Review conducted in the 2012-2013 school year and the next review is scheduled for the 2015-2016 school year.

AMY B. KRUKONIS, EDUCATIONAL SPECIALIST, PROGRAM QUALITY ASSURANCE

SERVICES

NINA M. MARCHESE, SUPERVISOR, PROGRAM QUALITY ASSURANCE SERVICES

DATE

ISSUED:

11/30/12

DARLENE A. LYNCH, DIRECTOR, PROGRAM QUALITY ASSURANCE SERVICES

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