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
October 16, 2009
Mr. David Hirshberg
Executive Director
Germaine Lawrence School
Residential Program
18 Claremont Avenue
Arlington, MA
Re:
Mid-cycle Review and Verification of Previous Program Review Corrective Action Plan
Dear Mr. Hirshberg:
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 April 17, 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.
While the Department of Elementary and Secondary Education 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 April 15, 2010. 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
Page 1 of 2
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 October
30, 2009.
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 781-338-3711.
Sincerely,
Nina M. Marchese, 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
Loring Stevens, Chairperson, Board of Directors
Bowie Johnson, Local Program Review Coordinator
Encl.: Mid-cycle Review Report
Provisional Private School Approval Certificate, Expiration Date: April 15, 2010
Page 2 of 2
MASSACHUSETTS DEPARTMENT OF
ELEMENTARY AND SECONDARY EDUCATION
PRIVATE SCHOOL MID-CYCLE REVIEW
Germaine Lawrence School
Residential Program
MID-CYCLE REVIEW REPORT
Previous Program Review Corrective Action Plan Submitted on June 5, 2007
Progress Reports Submitted on September 4, 2007 and October 15, 2007
Mid-cycle Onsite Visit Conducted on September 29-30, 2009
Date of this Report: October 16, 2009
Criterion
Number
and
Topic
Implementation 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

Selected Approved Private School Program Mid-cycle Review Criteria
Germaine Lawrence Mid-cycle Review Report
October 8, 2009
Page 1 of 12
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
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)
Implementation 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

Documentation
Interviews
Germaine Lawrence has
current approvals, licenses and
certificates of inspections as
required.
During the Program Review in
April 2007, the asbestos
survey indicated that asbestos
was present in some parts of
the main building and that the
report needed to be updated
since it was completed more
than 10 years earlier.
Germaine Lawrence had an
updated asbestos survey
conducted in July 2007 and
made appropriate changes to
the physical plant as
recommended and/or ensured
containment of the affected
areas. The survey company
will re-examine the
containment areas in 2010 to
ensure for continued
compliance.
Germaine Lawrence Mid-cycle Review Report
October 16, 2009
Page 2 of 12
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
Criterion
Number
and
Topic
2.3 EEC
Licensure
102 CMR 3.00
(Residential
Schools only)
Implementation 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

Documentation
Interviews
The Department of Early
Education and Care (EEC)
issued a letter to Germaine
Lawrence on June 6, 2009
verifying that the EEC
licenses are valid until the
completion of a renewal
licensing study which was
expected to be completed
within a few weeks.
Germaine Lawrence is to
submit a current EEC
license to the Department no
later than January 14, 2010.
Germaine Lawrence Mid-cycle Review Report
October 16, 2009
Page 3 of 12
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
Criterion
Number
and
Topic
8.4 Program
Modifications
and Support
Services for
Limited
English
Proficient
Students
Implementation 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

Documentation
Germaine Lawrence has a plan
to implement necessary
program modifications and
support services to identify
and effectively service limited
English proficient (LEP)
students.
Documentation
Interviews
Student
Record Review
Germaine Lawrence has on
file a current Individualized
Educational Program (IEP) for
each Massachusetts student
that has been issued by the
responsible school district and
consented to and dated by the
student’s parent or guardian.
M.G.L. c. 71A;
Title VI
8.5 Current
IEP & Student
Roster
28.09(5)(a)

In instances where students
have not yet been identified as
having special education
needs and have been placed by
the Department of Children
and Families (DCF),
Germaine Lawrence Mid-cycle Review Report
October 16, 2009
Page 4 of 12
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
Criterion
Number
and
Topic
Implementation 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

Germaine Lawrence
documents their efforts
requesting clarification for
school district responsibility
and/or a request for an
evaluation for special
education services.
11.3
Educational
Administrator
Qualifications
28.09(5)(a);
28.09(7)(a);
603 CMR
44.00

Documentation
Germaine Lawrence has a
designated Educational
Administrator who is
appropriately qualified to
supervise the provision of
special education services in
the program and ensures that
the services specified in each
student’s IEP are delivered as
required.
Germaine Lawrence Mid-cycle Review Report
October 16, 2009
Page 5 of 12
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
Criterion
Number
and
Topic
Implementation Status of
Requirements
or
Corrective
Action Plan
Determined to
be Substantially
Implemented
Method(s) of
Verifica-tion
Comments Regarding
Corrective Action Plan
Implementation

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
Documentation
Interviews
Personnel Files
All Special Education
Teachers at Germaine
Lawrence are not
appropriately licensed or on
approved Department waivers
as required to serve in such
roles.
Corrective
Action Plan
Determined
to be Not
Fully
Implemented or
Additional
Issues
Identified


The staff serving in the roles
of Regular Education Teacher
at Germaine Lawrence are
appropriately licensed as
required.
Germaine Lawrence Mid-cycle Review Report
October 16, 2009
Page 6 of 12
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
Germaine Lawrence
currently has five staff
serving in the role of
Special Education Teacher
who are not appropriately
licensed or on approved
Department waivers to
serve in such roles.
By January 14, 2010,
Germaine Lawrence must
submit an updated teacher
roster that includes the
following:
 The name, title and role of
each teacher in the
program;
 Grade level being taught;
 Subject(s) being taught;
 Massachusetts teaching
title, type, grade level,
number and expiration
date;
 Copy of ESE license or
most current ELAR
activity sheet;
 Copy of the first or
second year waiver
approved by ESE for
teachers if applicable;
 In instances when general
education teaching staff
are providing special
education services, the
name and license of the
special educator
While Germaine
Lawrence did recently
request second year
waivers for four of the
staff serving in the roles of
Special Education
Teacher, these waivers
have not yet been
approved.
Criterion
Number
and
Topic
Implementation 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
Further Corrective Action
Ordered by the
Department of Elementary
and Secondary Education
and Timelines for
Implementation and Further
Progress Reporting

providing supervision;
and
 Most recent date of
Professional Development
Plan for teachers with
professional level
licensure.
11.5 Related
Services Staff

Documentation
Interviews
Staff who provide or supervise
the provision of related
services at Germaine
Lawrence are appropriately
certified, licensed or registered
in their professional areas.

Documentation
Interviews
Germaine Lawrence submitted
a master staff roster with staff
names, job titles, full time
equivalents (FTE’s) and
corresponding Uniform
Financial Report (UFR)
numbers as required for all
approved positions within the
program.
28.09(7)(d)
11.6 Master
Staff Roster
28.09(7)
Germaine Lawrence Mid-cycle Review Report
October 16, 2009
Page 7 of 12
Criterion
Number
and
Topic
Implementation 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

Identified Areas of Non-Compliance During the 2007 Program Review or Other Areas of Concern
4.4 Advance
Notice of
Proposed
Program/
Facility
Change

Documentation
Interviews
Germaine Lawrence now has
written procedures regarding
how it notifies and/or obtains
approval from the Department
prior to changes in the
program as required by the
current Form 1.

Documentation
Interviews
Student
Record Review
Germaine Lawrence now has a
policy for notifying the
Department of significant
student and/or staff injuries
that occur as the result of a
physical restraint as required.

Documentation
Interviews
Germaine Lawrence has a
written policy regarding 3-5
day suspensions that now
includes all state and federal
regulations and requirements.
The program now also tracks
the number and duration of
suspensions, including
28.09(5)(c)
9.4 Physical
Restraint
18.05(5); 603
CMR 46.00
9.5
3-5 Day
Suspensions
18.05(6)
Germaine Lawrence Mid-cycle Review Report
October 16, 2009
Page 8 of 12
Further Corrective Action
Ordered by the
Department of Elementary
and Secondary Education
and Timelines for
Implementation and Further
Progress Reporting
Criterion
Number
and
Topic
Implementation 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

suspensions from any part of
the student’s IEP program as
required.
9.6
10+ Day
Suspensions
34 CFR
300.530-537;
18.05(7)

Documentation
Interviews
Germaine Lawrence has a
policy on 10+ day suspensions
that now includes all state and
federal regulations as required.
11.1 Personnel
Policies and
Procedures
Manual

Documentation
Personnel Files
Germaine Lawrence now
consistently administers the
Criminal Offender Record
Information (CORI) for each
employee based on their
written policy and at least as
often as required by law.
18.05(11);
18.05(11)(c)(1);
28.09(7);
28.09(11)(a);
M.G.L. c. 71, §
38R; ESE
Advisory on
CORI revised
5/7/07
Germaine Lawrence Mid-cycle Review Report
October 16, 2009
Page 9 of 12
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
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)
Implementation 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

Documentation
Interviews
Personnel Files
Germaine Lawrence now
provides annual training to
staff on reporting abuse or
neglect to the Department of
Children and Families (DCF)
or the Disabled Persons
Protection Commission
(DPPC) and civil rights
responsibilities as required.
Germaine Lawrence Mid-cycle Review Report
October 16, 2009
Page 10 of 12
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
Criterion
Number
and
Topic
13.4 Physical/
Facility
Architectural
Barriers
Implementation Status of
Requirements
or
Corrective
Action Plan
Determined to
be Substantially
Implemented


Method(s) of
Verifica-tion
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
Observations
18.04(8);
Section 504:
29 U.S.C. 794;
34 CFR
104.21,104.22;
Title II: 42
U.S.C. 12132;
28 CFR
35.149, 35.150;
Mass. Const.
amend. art.
114
15.3
Information to
be Translated
into Languages
other than
English
Comments Regarding
Corrective Action Plan
Implementation
Documentation
Interviews
Student
Record Review
Germaine Lawrence now has
three sites (Hirshberg,
Addams and Merck) to assure
that students with limited
physical mobility have access
to those areas of the buildings
and grounds to which access is
necessary for the
implementation of IEP’s for
such students.

Title VI;
EEOA: 20
Germaine Lawrence Mid-cycle Review Report
October 16, 2009
Page 11 of 12
Germaine Lawrence has a
policy regarding
information to be
translated into languages
other than English for
parents/guardians whose
primary language is not
English that states such
parents/guardians will
By January 14, 2010,
Germaine Lawrence must
submit samples from two
student’s records of written
translated documents or
documentation of oral
interpretation of progress
reports, report card and
behavior/treatment plans.
Criterion
Number
and
Topic
Implementation 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
Further Corrective Action
Ordered by the
Department of Elementary
and Secondary Education
and Timelines for
Implementation and Further
Progress Reporting
receive important school
information either through
written translations of
documents or oral
interpreters in a language
that they understand.
Such documents must also be
maintained in the student
record.

U.S.C. 1703(f);
M.G.L. c. 76, §
5; 603 CMR
26.02(2)
Through student record
review and interviews,
Germaine Lawrence is not
providing written
translations or oral
interpretations of
important school
information such as
progress reports, report
cards and
behavior/treatment plans
as required.
Germaine Lawrence Mid-cycle Review Report
October 16, 2009
Page 12 of 12