The Commonwealth of Massachusetts Department of Education 350 Main Street, Malden, Massachusetts 02148-5023 Telephone: (781) 338-3700 TTY: N.E.T. Relay 1-800-439-2370 April 25, 2005 Charles Young, CEO Institute for Developmental Disabilities, Crystal Springs School 38 Narrows Road, Box 372 Assonet, MA 02702 Re: Onsite Follow-up Monitoring Report: Program Review Corrective Action Plan Verification and Mid-cycle Review Dear Mr. Young: Enclosed is the Department's Program Review Follow-up Monitoring Report together with findings regarding your private school’s Mid-Cycle Program Review. This report contains the Department's findings based on the onsite activities conducted in your school to verify the implementation status and effectiveness of corrective steps taken in response to your Program Review Report issued on May 2, 2002. This report also includes a report on the status of implementation for new state or federal special education requirements enacted since your school’s last Program Review. While the Department of 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 October 22, 2005. The reasons for the “Provisional Approval” are clearly indicated on the attached Corrective Action Plan Implementation Checklist. As the Department previously informed you, in cases where a private school fails to fully and effectively implement a Corrective Action Plan which was proposed by your school and approved by the Department, the Department must then prepare a Corrective Action Plan for the school 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 school 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 private school within the timelines specified. Your statement of assurance must be submitted to the Department's Onsite Chairperson by May 10, 2005. 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 781-338-3746. Sincerely, Kevin Bobetich, Program Review Follow-up Chairperson Program Quality Assurance Services John D. Stager, Administrator Program Quality Assurance Services c: David P. Driscoll, Commissioner of Education Encl.: Follow-up Monitoring Report 2 MASSACHUSETTS DEPARTMENT OF EDUCATION PROGRAM REVIEW Institute for Developmental Disabilities-Crystal Springs Developmental Unit ONSITE VERIFICATION OF CORRECTIVE ACTION PLAN IMPLEMENTATION AND/OR IDENTIFICATION OF ADDITIONAL FINDINGS REQUIRING CORRECTIVE ACTION Onsite Visit Conducted on January 19-20, 2005 Date of this Report January 20, 2005 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 1.2 Program & Student Description Corrective Action Plan Determined to be Not Fully Implemented or Additional Issues Identified Documentation review, Interviews, Observations Findings Regarding Incomplete Implementation of Approved Corrective Action Plan or Identification of Additional Issues of Noncompliance Further Corrective Action Ordered by the Department of Education and Timelines for Implementation and Further Progress Reporting Crystal Springs School and BDU program is serving students over the age of twenty-two in its approved program. The School must submit a plan to be approved by the Department for the separation of adults over the age of 22 from the approved program by May 31, 2005. The Crystal Springs Main School and BDU educational programs do not have a complete description of the The Crystal Springs Main School and BDU educational programs must develop a more comprehensive written curriculum to include grade Program Capacity 28.09(2)(b) (2,3,7) 1.3 Program’s Curriculum Documentation review, Interviews, Observations A review of the Crystal Springs Main School and BDU educational programs indicated that staff qualifications as described in the school’s 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 28.09(9) Findings Regarding Incomplete Implementation of Approved Corrective Action Plan or Identification of Additional Issues of Noncompliance Further Corrective Action Ordered by the Department of Education and Timelines for Implementation and Further Progress Reporting program’s curriculum. application are met. 2 levels, textbooks, equipment, technology, materials, and supplies needed for the implementation of the goals and services specified by the students’ IEP’s and it’s alignment with the Massachusetts Curriculum Frameworks. The School must provide written evidence of development of monthly progress toward a comprehensive curriculum to the Department through January of 2006. Criterion Number and Topic 2.2 Approvals, Licenses, Certificates of Inspection 28.09 (2)(b) 4-5 28.09(5) 28.09(6) 18.04(1) 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 Documentation review, Observations The Crystal Springs Main School and BDU educational programs have current licenses, approvals, and certificates of inspection by the appropriate state and local agencies. Documentation review The Crystal Springs Main School and BDU educational programs have all current full licenses from the Office of Child Care Services to operate as a residential school. 102 CMR 3.06 (4)(b) 2.3 OCCS Licensure (Not Applicable to Day Schools) 3 Findings Regarding Incomplete Implementation of Approved Corrective Action Plan or Identification of Additional Issues of Noncompliance Further Corrective Action Ordered by the Department of Education and Timelines for Implementation and Further Progress Reporting Criterion Number and Topic 4.2 Public Information and Postings 28.09(6)(a, b, c, d, e) 28.09(2)(b)(4) 4.4 Advanced Notice of Program/ Facility Change 28.09(5)(c) 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 Documentation review, Observations The Crystal Springs Main School and BDU educational programs maintains on site and makes available for public review all Public Information and Postings including: a policy that smoking is not allowed in school buildings, and a designated outdoor area for smoking. The Crystal Springs Main School and BDU educational programs provide advance written notice of program/facility changes to the Department prior to implementing any substantial change to the program or physical plant. Documentation review, Observations 4 Findings Regarding Incomplete Implementation of Approved Corrective Action Plan or Identification of Additional Issues of Noncompliance Further Corrective Action Ordered by the Department of 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 Verification Comments Regarding Corrective Action Plan Implementation Corrective Action Plan Determined to be Not Fully Implemented or Additional Issues Identified 4.5 Immediate Notification 18.03(10) 18.05(7) 28.09(12) Documentation review, Interviews 5 Findings Regarding Incomplete Implementation of Approved Corrective Action Plan or Identification of Additional Issues of Noncompliance Staff interviews and review of documentation indicate that the Crystal Springs Main School and BDU educational programs have not provided immediate notification to the parent, the public school district special education administrator, and any State Agency involved in the student care or placement, for all significant incidents. This includes notification to the Department by sending a Form 2, and a telephone call when necessary. Further Corrective Action Ordered by the Department of Education and Timelines for Implementation and Further Progress Reporting The Crystal Springs Main School and BDU educational programs must submit an updated policy to the Department that includes notification to the Department by telephone and Form 2 by May 31, 2005. In addition, administrative staff must receive training during the Spring Area Meeting on procedures for Immediate Notification. 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 Documentation review, Interviews The Crystal Springs Main School and BDU educational programs has a policy and procedure for contents and general arrangements for executing contracts with placing school districts, participation at the TEAM and other key meetings, and reviewing/revising the IEP, as well as school district monitoring of student progress. 5.2 Policies and Procedures for Coordination/ Collaboration with Public School Districts & Content requirements policies/procedures for Coordination/ Collaboration with Public School Districts 28.06(2-3) 28.09(9)(c)&(d) 28.09(2)(b) 7 Federal Regulations: 300.349 and 300.400-.401 6 Findings Regarding Incomplete Implementation of Approved Corrective Action Plan or Identification of Additional Issues of Noncompliance Further Corrective Action Ordered by the Department of Education and Timelines for Implementation and Further Progress Reporting Staff interviews and review of documentation revealed that the Crystal Springs Main School and BDU educational programs do not have an updated written policy and procedure for coordination and collaboration with public school districts regarding IEP development and implementation and roles in 3-year eligibility determinations. The Crystal Springs Main School and BDU educational director must update the school’s written policies and procedures for coordination and collaboration with public school districts regarding IEP development and implementation, roles in 3-year eligibility determinations, and consents and general arrangements for executing contracts within placing school districts, and submit the proposed policies to the Department by May 31, 2005. In addition, all educational administrative and teaching staff must receive training on the new written policy and procedure by July 1, 2005. The submission of an attendance sheet and agenda as well as the trainer’s qualifications, must be submitted by July 1, 2005. Criterion Number and Topic 6.1 Daily Instructional Hours 603 C.M.R. 27.00 6.2 School-to-work (Instructional hours) 603 CMR 27.02, 27.04 6.3 Kindergarten (Instructional hours) 603 CMR 27.03(5) 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 Documentation review, Interviews, Observations The Crystal Springs Main School and BDU educational programs provide an average annual minimum of 5 hours per school day for elementary students and 5 ½ hours per school day for secondary students. The Crystal Springs Main School and BDU educational programs do not have independent study or school-towork activities counted as structured learning time. The Crystal Springs Main School and BDU educational programs do not have a separate school year or school day schedule for kindergarten aged students. N/A Documentation review, Interviews, Observations N/A Documentation review, Interviews, Observations 7 Findings Regarding Incomplete Implementation of Approved Corrective Action Plan or Identification of Additional Issues of Noncompliance Further Corrective Action Ordered by the Department of Education and Timelines for Implementation and Further Progress Reporting Criterion Number and Topic 6.4 School Days per Year Implementation Status of Requirements or Corrective Action Plan Determined to be Substantially Implemented Method(s) of Verification Comments Regarding Corrective Action Plan Implementation Documentation review, Interviews The Crystal Springs Main School and BDU educational programs operate 220 full days, and 17 two-thirds days every calendar school year. The Department requires 12-month programs to have at least 216 days of instruction and five emergency days for the school year. The Crystal Springs Main School and BDU educational programs do not have an early release program for High School Seniors. 28.09(9) 6.5 Early Release of High School Seniors N/A Corrective Action Plan Determined to be Not Fully Implemented or Additional Issues Identified Documentation review 603 CMR 27.05 8 Findings Regarding Incomplete Implementation of Approved Corrective Action Plan or Identification of Additional Issues of Noncompliance Further Corrective Action Ordered by the Department of 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 Verification Comments Regarding Corrective Action Plan Implementation Corrective Action Plan Determined to be Not Fully Implemented or Additional Issues Identified 7.1 Curriculum Frameworks Findings Regarding Incomplete Implementation of Approved Corrective Action Plan or Identification of Additional Issues of Noncompliance Further Corrective Action Ordered by the Department of Education and Timelines for Implementation and Further Progress Reporting Staff interviews and review of documentation revealed that the Crystal Springs Main School and BDU educational program’s personnel do not have a full understanding of the connection between the Massachusetts Curriculum Frameworks and the expectations of the state for student performance as well as the rights of students with disabilities to be full participants in the general curriculum. Additionally, the school has not completely aligned its curriculum with the Massachusetts Curriculum Frameworks. The Crystal Springs Main School and BDU educational programs must submit written monthly progress reports that detail its efforts toward completely aligning its curriculum with the Massachusetts Curriculum Frameworks until January of 2006. The school personnel and residential staff must receive additional training on the Massachusetts Curriculum Frameworks to reflect a full understanding of the connection between the Frameworks and the expectations of the state for student performance as well as the rights with disabilities to be full participants in the general curriculum by May 31, 2005. The submission of an attendance sheet and agenda as well as the trainer’s qualifications, must be submitted by May 31, 2005. Documentation review, Interviews 28.09(9)(b) 9 Criterion Number and Topic 7.3 State/District Wide Assessments 28.09(9)(d) 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 Documentation review, Interviews The Crystal Springs Main School and BDU educational programs have a written procedure outlining how the school will ensure that all enrolled students participate in state and/or district wide assessments in accordance with the assessment participation information provided on the student’s IEP. 10 Findings Regarding Incomplete Implementation of Approved Corrective Action Plan or Identification of Additional Issues of Noncompliance Further Corrective Action Ordered by the Department of 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 Verification Comments Regarding Corrective Action Plan Implementation Corrective Action Plan Determined to be Not Fully Implemented or Additional Issues Identified Documentation review, Interviews 8.4 Current IEP & Student Roster 28.09 8.7 IEP Implementation 28.09 Documentation review, Interviews, Observations The Crystal Springs Main School and BDU educational programs have implemented all of the services in their students’ IEP’s. 11 Findings Regarding Incomplete Implementation of Approved Corrective Action Plan or Identification of Additional Issues of Noncompliance Further Corrective Action Ordered by the Department of Education and Timelines for Implementation and Further Progress Reporting Staff interviews and review of documentation revealed that the Crystal Springs Main School and BDU educational programs files include draft IEP’s, which have not yet been issued by the responsible public school district and consented to by the students’ parents. The Crystal Springs Main School and BDU educational programs must ensure the Department that the IEP & Student Roster is current. A copy of a current IEP & Student Roster, to include the entire roster, and comments for the status of any unsigned IEP’s for enrolled students must be submitted to the Department on May 31, 2005. The Department will review current IEP’s, and/or the comments regarding unsigned IEP’s on-site prior to July 1, 2005. . 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 Documentation review, Interviews, Observations The Crystal Springs Main School and BDU educational programs consistently sends copies of progress reports to the parents and public schools. 8.8 IEP-Progress Reports 28.07(3) 20 U.S.C. Chapter 33, Section 1414(d)(1)(A)(v iii) 34 CFR 300.347 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 Education and Timelines for Implementation and Further Progress Reporting Staff interviews and review of documentation indicated that the Crystal Springs Main School and BDU educational programs do not consistently address the student’s progress toward the annual goals in the IEP Progress Reports, including information on the extent to which such progress is sufficient to enable the child to achieve the goals by the end of the year. The Crystal Springs Main School and BDU educational programs teachers’ must receive training on writing IEPProgress Reports by June 15, 2005. The submission of an attendance sheet and agenda as well as the trainer’s qualifications, must be submitted by June 15, 2005. The Department will review IEP Progress Reports on-site prior to August 1, 2005 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 Documentation review, Interviews, Observations 8.9 IEP Revisions and Changes 34 CFR 300 8.10 IEP- Less Restrictive Placement 28.09(9(c) Documentation review, Interviews The Crystal Springs Main School and BDU educational program have a written plan that describes the mechanisms that is in place for students to return to a less restrictive educational program. 13 Findings Regarding Incomplete Implementation of Approved Corrective Action Plan or Identification of Additional Issues of Noncompliance Further Corrective Action Ordered by the Department of Education and Timelines for Implementation and Further Progress Reporting Staff interviews and review of documentation revealed that the Crystal Springs Main School and BDU educational programs implement IEP revisions and changes for students before parents have approved them in writing. The Crystal Springs Main School and BDU educational program staff must submit an updated policy for the issuance of IEP revisions and changes to the Department by June 15, 2005. The School must provide training to educational staff on the new policy for the issuance of a new or revised IEP by August 1, 2005. The submission of an attendance sheet and agenda as well as the trainer’s qualifications, must be submitted by August 1, 2005. Criterion Number and Topic 8.11 IEP-Transition Planning 34 CFR 300.347(b)(1) 34 CFR 300.347(b)(2) 9.7 Terminations 18.05(7) 28.09(12)(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 The Crystal Springs Main School and BDU educational programs receive input from the parents regarding Transition Planning, which is included in the vision statement of the IEP. Documentation review, Interviews The Crystal Springs Main School and BDU educational programs have a written termination policy and procedure that meets all Department requirements. 14 Findings Regarding Incomplete Implementation of Approved Corrective Action Plan or Identification of Additional Issues of Noncompliance Further Corrective Action Ordered by the Department of Education and Timelines for Implementation and Further Progress Reporting Criterion Number and Topic 10.1 Student: Teacher Ratios 28.06(6)(d)&(g) 28.09(7)(e) 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 Documentation review, Interviews, Observations The Crystal Springs Main School and BDU educational programs have a student to teacher ratio of approximately 2 students to 1 teacher. This exceeds the Department’s ratio of 8 students to one teacher, or 12 students with a teacher and an aide. The Department requires justification in writing for why the school’s ratios exceed the Department’s requirements. This must submitted to the Department by May 10, 2005. 15 Findings Regarding Incomplete Implementation of Approved Corrective Action Plan or Identification of Additional Issues of Noncompliance Further Corrective Action Ordered by the Department of 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 Verification Comments Regarding Corrective Action Plan Implementation Corrective Action Plan Determined to be Not Fully Implemented or Additional Issues Identified 28.06(6)(f) 10.4 Student: Child Care Ratios 28.09(7) 18.01(2) Documentation review, Interviews, Observations 10.2 Age Range Documentation review, Interviews, Observations The Crystal Springs Main School and BDU educational programs has Student: Child Care Ratios during waking hours of at least 3 to 1 and overnight of at least 6 to 1. 16 Findings Regarding Incomplete Implementation of Approved Corrective Action Plan or Identification of Additional Issues of Noncompliance Further Corrective Action Ordered by the Department of Education and Timelines for Implementation and Further Progress Reporting Staff interviews and review of documentation revealed that the Crystal Springs Main School and BDU educational programs have instructional groupings where the youngest child and oldest child differ by more than forty-eight months. Additionally, the school has adults who are twenty-two or over within classes and residential facilities with students under the age of 22. The Crystal Springs Main School and BDU educational programs must submit a Form 1 to the Department for approval to change instructional groupings where the youngest child and oldest child differ by more than forty-eight months by May 31, 2005. Criterion Number and Topic 11.1 Personnel Policies 28.09(7) 28.09(11)(a) 18.05(11) 11.3 Educational Administrator Qualifications 28.09(7)(a) 603 CMR 44.00 and 44.04 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 Documentation review, Interviews The Crystal Springs Main School and BDU educational programs have developed written personnel policies and procedures. Documentation review The Crystal Springs Main School and BDU educational programs have an educational administrator that has certification as a special educator, a Master’s degree in special education, and administrative experience of at least one year as a head teacher. 17 Findings Regarding Incomplete Implementation of Approved Corrective Action Plan or Identification of Additional Issues of Noncompliance Further Corrective Action Ordered by the Department of 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 Verification Comments Regarding Corrective Action Plan Implementation Corrective Action Plan Determined to be Not Fully Implemented or Additional Issues Identified 11.4 Teachers Special Education Teachers and Regular Education Teachers Documentation review, Interviews 28.09(7)(b)(c) 18.05(11)(f) 18 Findings Regarding Incomplete Implementation of Approved Corrective Action Plan or Identification of Additional Issues of Noncompliance Further Corrective Action Ordered by the Department of Education and Timelines for Implementation and Further Progress Reporting Staff interviews and review of documentation revealed the Crystal Springs Main School and BDU educational programs have not ensured that all of the teaching staff has a teaching license appropriate to meet the needs of the population being served. The Crystal Springs Main School and BDU educational programs must submit an updated staff roster May 31, 2005 that indicates the license and/or waiver information for all teaching staff. In instances where there is a vacant teaching position, the school must update the Department when the position is filled. 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 11.5 Related Services Staff Documentation review, Interviews 28.09(7)(d) 19 Findings Regarding Incomplete Implementation of Approved Corrective Action Plan or Identification of Additional Issues of Noncompliance Further Corrective Action Ordered by the Department of Education and Timelines for Implementation and Further Progress Reporting Staff interviews and review of documentation revealed the Crystal Springs Main School and BDU educational programs have not ensured that all staff providing or supervising the provision of related services are appropriately certified, licensed or registered by their respective state boards or professional associations. The Crystal Springs Main School and BDU educational programs must identify those related services staff not properly licensed on an updated related services staff roster. Additionally, the school must develop and submit a plan to the Department detailing how the school will ensure related services staff are appropriately certified, licensed or registered by their respective state boards or professional associations and how the school will fill vacant positions with appropriately certified, licensed, or registered staff by June 15, 2005. 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 Documentation review 11.6 Master Staff Roster 28.09(7) 11.7 Job Descriptions 18.05(11)(d) Documentation review 11.8 Salary Ranges Documentation review 18.05(11)(e) The Crystal Springs Main School and BDU educational programs have written job descriptions for all staff positions. The Crystal Springs Main School and BDU educational programs have an established salary range, and benefits for all positions. 20 Findings Regarding Incomplete Implementation of Approved Corrective Action Plan or Identification of Additional Issues of Noncompliance Further Corrective Action Ordered by the Department of Education and Timelines for Implementation and Further Progress Reporting Documentation review of the Crystal Springs Main School and BDU educational programs revealed that the Master Staff Roster has personnel that do not have the appropriate job titles and the corresponding UFR title numbers. The Crystal Springs Main School and BDU educational programs must provide the Department with an updated Master Staff Roster that includes the appropriate job titles and the corresponding UFR title numbers for all staff employed by the school by June 15, 2005 Criterion Number and Topic 11.9 Organizational Structure Implementation Status of Requirements or Corrective Action Plan Determined to be Substantially Implemented Method(s) of Verification Corrective Action Plan Determined to be Not Fully Implemented or Additional Issues Identified Documentation review, Interviews 28.09(7) 28.07(c) 11.11 Supervision of Students 28.09(7) Comments Regarding Corrective Action Plan Implementation Documentation review, Interviews, Observations The Crystal Springs Main School and BDU educational programs have demonstrated that its organizational structure provides for the effective and efficient operation of the school, and supervision of the school staff and students. The Crystal Springs Main School and BDU educational programs have developed and implemented a detailed plan that describes how appropriate supervision is provided to students while they are engaged in any school related activity on and off school grounds. 21 Findings Regarding Incomplete Implementation of Approved Corrective Action Plan or Identification of Additional Issues of Noncompliance Further Corrective Action Ordered by the Department of Education and Timelines for Implementation and Further Progress Reporting Criterion Number and Topic 11.12 Accessibility of Extracurricular Activities Title VI: 42 U.S.C. 2000d; 34 CFR 100.3(a), (b); Title IX: 20 U.S.C. 1681; 34 CFR 106.31, 106.41; Section 504: 29 U.S.C. 794; 34 CFR 104.4,104.37(a) , (c); Title II: 42 U.S.C. 12132; 28 CFR 35.130; NCLB: Title X, Part C, Sec. 721; Mass. Const. amend. art 114; M.G.L. c. 76, s. 5; 603 CMR 26.06 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 Documentation review, Interviews, Observations The Crystal Springs Main School and BDU educational programs have extracurricular activities that are accessible and non-discriminatory. 22 Findings Regarding Incomplete Implementation of Approved Corrective Action Plan or Identification of Additional Issues of Noncompliance Further Corrective Action Ordered by the Department of Education and Timelines for Implementation and Further Progress Reporting Criterion Number and Topic 12.1 Staff Orientation Training 18.05911)(g) 12.2 Annual InService Training Plan and Calendar 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 Documentation review, Interviews The Crystal Springs Main School and BDU educational programs written plan for staff orientation includes a description of education training topics. Findings Regarding Incomplete Implementation of Approved Corrective Action Plan or Identification of Additional Issues of Noncompliance Further Corrective Action Ordered by the Department of Education and Timelines for Implementation and Further Progress Reporting Documentation review and interviews indicated that the Crystal Springs Main School and BDU educational programs have not provided all staff with the required inservice training topics. The Crystal Springs School and BDU program must submit an Annual In-Service Training Plan and Calendar that includes all of the required In-Service Trainings, the staff attending the trainings including residential and educational staff, the agenda, and the trainer’s qualifications by May 31, 2005. The Department will review training records of residential and educational staff prior to August 1, 2005. Documentation review, Interviews 28.09(7)(f) 18.05(11)(h) 23 Criterion Number and Topic 13.3 Comparability of Facilities Title VI: 42 U.S.C. 2000d; 34 CFR 100.3(b)(2); Title IX: 20 U.S.C. 1681; 34 CFR 106.33,106.40( b)(3); Section 504: 29 U.S.C. 794; 34 CFR 104.34(c); Mass. Const. amend. art. 114; 603 CMR 28.03(1)(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 Documentation review, Interviews, Observations The Crystal Springs Main School and BDU educational programs do not provide separate facilities for members of a specific group. The locker room facilities in the Rehabilitation Building are comparable in size for females and males. 24 Findings Regarding Incomplete Implementation of Approved Corrective Action Plan or Identification of Additional Issues of Noncompliance Further Corrective Action Ordered by the Department of Education and Timelines for Implementation and Further Progress Reporting Criterion Number and Topic 15.1 Parental Involvement and Parents’ Advisory Group 18.05(4)(a) 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 Documentation review, Interviews The Crystal Springs Main School and BDU educational programs have developed a written plan for involving parents. The School has a Parents’ Advisory Group. The Department will review the progress of the Parents’ Advisory Group during the annual update. 25 Findings Regarding Incomplete Implementation of Approved Corrective Action Plan or Identification of Additional Issues of Noncompliance Further Corrective Action Ordered by the Department of Education and Timelines for Implementation and Further Progress Reporting Criterion Number and Topic 15.8 Registering Complaints 18.05(1)(b) 16 Title IX: 20 U.S.C. 1681; 34 CFR 106.8; Section 504: 29 U.S.C. 794; 34 CFR 104.7; Title II: 42 U.S.C. 12132; 28 CFR 35.107; NCLB: Title X, Part C, Sec. 722(g)(1)(J)(ii) 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 Documentation review, Interviews The Crystal Springs Main School and BDU educational programs have developed and made available to parents and students a set of written procedures that may be used to register complaints regarding the student’s education and care at the school. 26 Findings Regarding Incomplete Implementation of Approved Corrective Action Plan or Identification of Additional Issues of Noncompliance Further Corrective Action Ordered by the Department of 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 Verification Comments Regarding Corrective Action Plan Implementation Corrective Action Plan Determined to be Not Fully Implemented or Additional Issues Identified 18.2 Student Records 28.09(10) Documentation review, Interviews MGL c. 71, s. 34H 603 CMR 23.00 Family Educational Rights and Privacy Act (FERPA) 27 Findings Regarding Incomplete Implementation of Approved Corrective Action Plan or Identification of Additional Issues of Noncompliance Further Corrective Action Ordered by the Department of Education and Timelines for Implementation and Further Progress Reporting Documentation review of student records revealed that student records at the Crystal Springs Main School and BDU educational programs have face sheets that did not contain the date initially eligible for special education (if known), and the date of the most recent special education evaluations. The Crystal Springs Main School and BDU educational programs must update their face sheets to contain the date initially eligible for special education (if known), and the date of the most recent special education evaluations. The Department will review student records prior to August 1, 2005.