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
February 5, 2009
Dr. Matthew Israel, Executive Director
Judge Rotenberg Educational Center
240 Turnpike Street
Canton, MA 02021
Re:
Onsite Follow-up Monitoring Report: Program Review Corrective Action Plan
Verification and Mid-cycle Review
Dear Dr. Israel:
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 March 28, 2007. 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.
We are pleased to indicate that the Department of Elementary and Secondary Education has
found your school’s approved Corrective Action Plan to be substantially implemented and
effective in remedying previously identified noncompliance issues. Additionally, we have
determined that your school 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 Follow-up Monitoring Report. You and your entire staff are to be
congratulated for your efforts in implementing all necessary improvements. Your private school
will now receive an updated status of “Full Approval.” This approval shall remain in effect until
the date indicated on the attached approval certificate. This approval 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 if
circumstances arise that warrant such a change.
Page 1 of 2
The Department will notify you of your school’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 FY 2012, 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 Dee Wyatt, Onsite Team Chairperson, at 781-338-3794.
Sincerely,
Dee Wyatt, Program Review Follow-up Chairperson
Program Quality Assurance Services
Darlene Lynch, Director
Program Quality Assurance Services
c:
Mitchell D. Chester, Ed.D., Commissioner of Elementary and Secondary Education
Encl.: Follow-up Monitoring Report
Full Private School Approval Certificate, Expiration Date: August 31, 2012
Page 2 of 2
MASSACHUSETTS DEPARTMENT OF
ELEMENTARY AND SECONDARY EDUCATION
PRIVATE SCHOOL MID-CYCLE PROGRAM REVIEW
JUDGE ROTENBERG CENTER
ONSITE VERIFICATION OF CORRECTIVE ACTION PLAN IMPLEMENTATION
AND/OR IDENTIFICATION OF ADDITIONAL FINDINGS REQUIRING CORRECTIVE ACTION
Action Plan Submitted on April 9, 2007
Progress Reports Submitted on November 19, 2007
Onsite Visit Conducted on December 1-2, 2008
Date of this Report: February 5, 2009
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


Selected Approved Private School Mid-cycle Review Criteria
Judge Rotenberg Center Mid-cycle Report
February 5, 2009
Page 1 of 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
Elementary and
Secondary Education
and Timelines for
Implementation and
Further Progress
Reporting
Criterion
Number
and
Topic
2.2
Approvals,
Licenses,
Certificates of
Inspection
Implementation
Status of
Requirements
or
Corrective
Action Plan
Determined
to be
Substantially
Implemented


Method(s) of
Verification
102 CMR 3.00
(Residential
Schools only)

Corrective Action
Plan Determined
to be Not Fully
Implemented or
Additional Issues
Identified

Documentation
Review
Judge Rotenberg Center
submitted current
approvals, licenses and
certificates of inspection
for all buildings and
residences used by the
students.
Documentation
Review
Judge Rotenberg Center is
currently in the licensing
renewal process with the
Department of Early
Education and Care. Until
this process is complete,
EEC has issued JRC a
Second Provisional
License to operate the
group homes.
18.04(1);
28.09(2)(b)(5);
28.09(5) (b);
28.09(6) (b, c)
2.3
EEC Licensure
Comments Regarding
Corrective Action Plan
Implementation
NOTE: Judge
Rotenberg Center must
immediately inform the
Department of
Elementary and
Judge Rotenberg Center Mid-cycle Report
February 5, 2009
Page 2 of 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
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
Verification
Comments Regarding
Corrective Action Plan
Implementation
Corrective Action
Plan Determined
to be Not Fully
Implemented or
Additional Issues
Identified


Secondary Education of
any change in the
current EEC licensure
status.
8.4
Program
Modifications
and Support
Services for
Limited English
Proficient
Students

Documentation
Review
Judge Rotenberg Center
submitted a written plan
that addresses how the
program will effectively
serve limited English
proficient (LEP) students.

Documentation
Review,
Student Records
Judge Rotenberg Center
submitted a current IEP
and Student Roster for all
district-funded
Massachusetts students
enrolled in the program
that contains all the
required elements for this
criterion.
M.G.L. c. 71A;
Title VI
8.5
Current IEP &
Student Roster
28.09(5)(a)
Judge Rotenberg Center Mid-cycle Report
February 5, 2009
Page 3 of 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
Elementary and
Secondary Education
and Timelines for
Implementation and
Further Progress
Reporting
Criterion
Number
and
Topic
11.3
Educational
Administrator
Qualifications
28.09(5)(a);
28.09(7)(a);
603 CMR 44.00
11.4
Teachers
(Special
Education
Teachers and
Regular
Education
Teachers)
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,
Personnel
Records
The person designated as
the Educational
Administrator for Judge
Rotenberg Center
possesses the required
qualifications.

Documentation
Review,
Personnel
Records
Judge Rotenberg Center
submitted documentation
verifying that all teaching
staff are appropriately
licensed or have been
granted a current waiver.

Documentation
Review,
Personnel
Records
All staff providing or
supervising the provision
of related services for
Judge Rotenberg Center
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)
Judge Rotenberg Center Mid-cycle Report
February 5, 2009
Page 4 of 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
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
Verification
Comments Regarding
Corrective Action Plan
Implementation
Corrective Action
Plan Determined
to be Not Fully
Implemented or
Additional Issues
Identified


11.6
Master Staff
Roster
28.09(7)

Documentation
Review
are appropriately certified,
licensed or registered in
their professional areas.
Judge Rotenberg Center
submitted a Master Staff
Roster that contains the
name, program job title,
corresponding UFR title
number, licensure and/or
certification if appropriate,
full-time equivalent
(FTE), and qualifications
for all current staff.
ESE will work with Judge
Rotenberg Center to
appropriately categorize
each staff member
according to his/her job
description. Once
approved, Judge
Rotenberg Center must
submit a revised Master
Staff Roster that
accurately reflects
appropriate UFR numbers
for all staff.
Judge Rotenberg Center Mid-cycle Report
February 5, 2009
Page 5 of 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
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
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

Identified Areas of Non-Compliance During 2006 Program Review or Other Areas of Concern
1.2
Program &
Student
Description,
Program
Capacity
28.09(2)(a)(2);
28.09(2)(b)(2,
3, 7)

Documentation
Review
Judge Rotenberg Center
submitted a Program &
Student Description that
incorporated all elements
of this criterion.
4.2
Public
Information
and Postings

Observation
Judge Rotenberg Center
has posted evacuation
routes and procedures in
appropriate areas of the
school buildings.
28.09(6)(a, b, c,
d, e);
28.09(2)(b)(4)
5.2
Policies and
Procedures for
Coordination/
Collaboration
*As of the 2007-2008
academic year, the
Department no longer
required a school to have a
written policy addressing
Judge Rotenberg Center Mid-cycle Report
February 5, 2009
Page 6 of 21
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
Verification
Comments Regarding
Corrective Action Plan
Implementation
Corrective Action
Plan Determined
to be Not Fully
Implemented or
Additional Issues
Identified


the coordination/
collaboration with the
public school districts.
Criterion number 5.2 is
now reserved.
with Public
School
Districts &
Contents for
Coordination/
Collaboration
with Public
School Districts
5.2(a)
Contracts

Student Record
Review
Judge Rotenberg Center
has a written contract with
the school district of each
Massachusetts student that
contains all the required
elements for this criterion.

Documentation
Review,
Student Record
Review
Judge Rotenberg Center
submitted block schedules
for all Massachusetts
students that verify the
appropriate number of
daily instructional hours
are provided. All
activities that are counted
28.06(3)(f)
(Includes
elements of
former Criterion
18.2)
6.1
Daily
Instructional
Hours
603 CMR 27.04
Judge Rotenberg Center Mid-cycle Report
February 5, 2009
Page 7 of 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
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
Verification
Comments Regarding
Corrective Action Plan
Implementation
Corrective Action
Plan Determined
to be Not Fully
Implemented or
Additional Issues
Identified


as part of the required
instructional hours
correlate with the specific
information contained in
those students’ IEPs.
7.1
Curriculum
Frameworks
28.05(4)(a, b);
28.09(9)(b)

Documentation
Review
Judge Rotenberg Center
submitted a description of
how the learning
standards of the
Massachusetts Curriculum
Frameworks are
incorporated into the
program’s instruction, a
narrative describing how
the computer programs
enable students to access
the general curriculum in
various ways, and a
narrative describing the
varied teaching
methodologies used by
staff and how these
methodologies have
enhanced student learning
and contributed to student
progress with IEP goals
Judge Rotenberg Center Mid-cycle Report
February 5, 2009
Page 8 of 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
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
Verification
Comments Regarding
Corrective Action Plan
Implementation
Corrective Action
Plan Determined
to be Not Fully
Implemented or
Additional Issues
Identified


7.2
Staff Training
28.09 (9)(b)
8.7
IEP
Implementation
28.09
and objectives.
Observations corroborated
this finding.
*As of the 2007-2008
academic year, schools
need only to ensure that
all academic staff are
trained in providing all
students with essential
learning opportunities that
prepare the students to
reach the state graduation
standards. Criterion 7.2 is
now reserved and
incorporated into Criterion
12.2, Staff Training.
*As of the 2007-2008
academic year, criterion
number 8.7 was reserved.
The documentation that
had been reviewed under
this criterion is now
reviewed under criterion
8.8 IEP - Progress Reports
and is examined if the
school had a prior finding
of non-compliance during
Judge Rotenberg Center Mid-cycle Report
February 5, 2009
Page 9 of 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
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
Verification
Comments Regarding
Corrective Action Plan
Implementation
Corrective Action
Plan Determined
to be Not Fully
Implemented or
Additional Issues
Identified


8.11
IEPTransition
Planning
34 CFR
300.347(b)(1)
34 CFR
300.347(b)(2)
9.4
Restraints
18.05 (5)
603 CMR 46.00

Documentation
Review,
Student Records

Documentation
Review
its last Program Review.
Additionally, the
implementation of IEPs is
a required element
contained in criterion
5.2(a) Contracts, which
was reviewed during this
Mid-cycle based on a prior
finding of non-compliance
made during the school’s
last Program Review.
Judge Rotenberg Center
submitted a written plan
that describes transition
services. A review of
student records revealed
transition plans were
included in all applicable
students’ IEPs.
Judge Rotenberg Center
submitted a copy of the
EEC approved restraint
policy.
Judge Rotenberg Center Mid-cycle Report
February 5, 2009
Page 10 of 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
Elementary and
Secondary Education
and Timelines for
Implementation and
Further Progress
Reporting
Criterion
Number
and
Topic
9.6
10+ Day
Suspensions
Implementation
Status of
Requirements
or
Corrective
Action Plan
Determined
to be
Substantially
Implemented


Method(s) of
Verification
Documentation
Review
Regarding its suspension
policy and procedures,
Judge Rotenberg Center
submitted a copy of the
procedures that it
implements to address
alternative education
within a residential setting
when it is determined that
it is unsafe to transport
students from their
residences to the school
campus. JRC reported
that this policy rarely
needs to be implemented.
Documentation
Review
Judge Rotenberg Center
submitted a statement of
the most recent ESE
approved
Student:Licensed
Educator Ratio, the most
recent ESE approved
(Formerly
“Suspensions
Joint
responsibilities
of the public/
private school
and the
responsible
school district”)
28.06(6)(d);
28.09(7)(e)

Corrective Action
Plan Determined
to be Not Fully
Implemented or
Additional Issues
Identified

34 CFR 300.530
– 537
18.05(7)
10.1
Staffing for
Instructional
Groupings
Comments Regarding
Corrective Action Plan
Implementation
Judge Rotenberg Center Mid-cycle Report
February 5, 2009
Page 11 of 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
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
Verification
Comments Regarding
Corrective Action Plan
Implementation
Corrective Action
Plan Determined
to be Not Fully
Implemented or
Additional Issues
Identified


(Formerly
“Student:
Teacher Ratios”)
10.2
Age Range

Documentation
Review

Documentation
Review,
Observation
28.06(6)(f)
10.4
Student:
Child Care
Ratios
28.09(7)
18.01(2)
Student:Licensed
Educator and Aide Ratio,
and block schedules for all
Massachusetts students
that clearly indicate
appropriate ratios.
Judge Rotenberg Center
submitted block schedules
for every classroom and
every period that contains
the initials of students
with corresponding dates
of birth. This
documentation indicates
all instructional groupings
consist of students that are
within the required 48month age range.
Judge Rotenberg Center
submitted a statement of
the most recent ESE
approved Student:Direct
Care Worker ratios for all
residences on all shifts.
These ratios meet or
exceed all regulatory
requirements.
Judge Rotenberg Center Mid-cycle Report
February 5, 2009
Page 12 of 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
Elementary and
Secondary Education
and Timelines for
Implementation and
Further Progress
Reporting
Criterion
Number
and
Topic
11.11
Supervision of
Students
Implementation
Status of
Requirements
or
Corrective
Action Plan
Determined
to be
Substantially
Implemented


Method(s) of
Verification
Title VI: 42
U.S.C. 2000d;
34 CFR
100.3(a), (b);
Title IX: 20

Corrective Action
Plan Determined
to be Not Fully
Implemented or
Additional Issues
Identified

Documentation
Review,
Observation
Judge Rotenberg Center
submitted a copy of the
supervision plan for
school-related activities
and a written plan for
supervision of individual
and group recreational
programs. Also submitted
was a copy of the
afternoon/evening block
schedules for all
Massachusetts students
that indicated appropriate
supervision of students.
Documentation
Review
Judge Rotenberg Center
submitted a list of sports
activities, extracurricular
activities, and clubs that
are offered by the school
and are available for all
students.
18.03(1)(a)
11.12
Accessibility of
Extracurricular
Activities
Comments Regarding
Corrective Action Plan
Implementation
Judge Rotenberg Center Mid-cycle Report
February 5, 2009
Page 13 of 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
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
Verification
Comments Regarding
Corrective Action Plan
Implementation
Corrective Action
Plan Determined
to be Not Fully
Implemented or
Additional Issues
Identified


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
12.1
Staff
Orientation
Training

Documentation
Review,
Personnel
Records
Judge Rotenberg Center
submitted a copy of the
written orientation and
training program for all
staff.
18.05(11)(g)
Judge Rotenberg Center Mid-cycle Report
February 5, 2009
Page 14 of 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
Elementary and
Secondary Education
and Timelines for
Implementation and
Further Progress
Reporting
Criterion
Number
and
Topic
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,
Personnel
Records
Judge Rotenberg Center
submitted an annual
detailed in-service training
plan that contains all the
required elements for this
criterion.
28.09(7)(f)
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 106.31106.42; M.G.L.
c. 76, s. 5; 603
CMR 26.00,
esp. 26.07(2), (3)
Judge Rotenberg Center Mid-cycle Report
February 5, 2009
Page 15 of 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
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
Verification
Comments Regarding
Corrective Action Plan
Implementation
Corrective Action
Plan Determined
to be Not Fully
Implemented or
Additional Issues
Identified


*As of the 2007-2008
academic year, Criterion
12.2(d) was incorporated
into 12.2.
12.2(d)
Details
Medication
Training
18.05(9)(f)(3)(c)
*As of the 2007-2008
academic year, Criterion
number 13.1 is now
reserved.
13.1
Educational
Facilities and
Materials
28.09(8)
13.2
Description of
Physical
Facility
28.09 (8)
18.04
(Includes former
Criterion 13.3)

Documentation
Review,
Observation
Judge Rotenberg Center
provided a narrative
description and floor plans
of all buildings used for
the school program and all
residences. Observations
indicated all physical
facilities used for the
educational program to be
sufficient.
Judge Rotenberg Center Mid-cycle Report
February 5, 2009
Page 16 of 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
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
Verification
Comments Regarding
Corrective Action Plan
Implementation
Corrective Action
Plan Determined
to be Not Fully
Implemented or
Additional Issues
Identified


*As of the 2007-2008
academic year, the
elements of 13.3 were
incorporated into 11.12.
Criterion number 13.3 is
now reserved.
13.3
Comparability
of Facilities
Title VI: 42
U.S.C. 2000d;
34CFR
100.3(b)(2);
Title IX: 20
U.S.C. 1681;
34CFR
106.33,106.40
(b)(3);
Section504:
29]U.S.C. 794;
34CFR
104.34(c); Mass.
Const. amend.
art. 114; 603
CMR
28.03(1)(b)
13.4
Physical
Facility/
Architectural
Barriers

Documentation
Review,
Observation
Judge Rotenberg Center
submitted narrative
descriptions and floor
plans for all buildings that
indicated the accessibility
Judge Rotenberg Center Mid-cycle Report
February 5, 2009
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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
Verification
Comments Regarding
Corrective Action Plan
Implementation
Corrective Action
Plan Determined
to be Not Fully
Implemented or
Additional Issues
Identified


18.04(8)
13.5
Kitchen,
Dining,
Bathing/
Toilet, and
Living Areas
18.04(2),(3),
(4),(5)
13.6
Classroom
Space
18.04(6)(a)
status. Observations
indicated all parts of the
program to be accessible
to students with limited
physical mobility.
*As of the 2007-2008
academic year, the food
allergy posting was
incorporated into Criterion
4.2. All other criterion
elements were
incorporated into Criterion
13.2. Criterion 13.5 is
now reserved.
*As of the 2007-2008
academic year, the
elements of this criterion
were incorporated into
Criterion 13.2. Criterion
13.6 is now reserved.
Judge Rotenberg Center Mid-cycle Report
February 5, 2009
Page 18 of 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
Elementary and
Secondary Education
and Timelines for
Implementation and
Further Progress
Reporting
Criterion
Number
and
Topic
13.7
Library/
Resource Room
Implementation
Status of
Requirements
or
Corrective
Action Plan
Determined
to be
Substantially
Implemented


Method(s) of
Verification
Documentation
Review,
Observation
Judge Rotenberg Center
submitted a description of
the library that included
the types of materials
available for student use
and a schedule that
indicated when and how
often the students access
the library. Observations
indicated the library to be
sufficient for student use.
*As of the 2007-2008
academic year, the
elements of this criterion
were incorporated into
Criterion 13.2. Criterion
13.8 is now reserved.
Documentation
Review,
Observation
Judge Rotenberg Center
submitted a description of
the outdoor areas and a
schedule of outdoor
activities. Observations
indicated the outdoor play
areas to be safe for student
use.
13.8
Indoor Space
18.04(7)(a)
18.04(7)(b)

Corrective Action
Plan Determined
to be Not Fully
Implemented or
Additional Issues
Identified

18.04(6)(b)
13.9
Outdoor Space
Comments Regarding
Corrective Action Plan
Implementation
Judge Rotenberg Center Mid-cycle Report
February 5, 2009
Page 19 of 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
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
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


15.3
Information to
be Translated
into Languages
Other Than
English
Title VI;
EEOA: 20
U.S.C. 1703(f);
M.G.L. c. 76, §
5; 603 CMR
26.02(2)
18.2
Student
Records
(Log of access
and face sheet
information)
28.09(10)
*As of the 2007-2008
academic year,
requirements regarding
student contracts are
found in Criterion 5.2(a).
The previous Program
Review finding that was
described in 18.2 dealt
solely with this contract
requirement. As such,
5.2(a) of this Mid-cycle
Report contains the results
of ESE’s follow-up
Judge Rotenberg Center Mid-cycle Report
February 5, 2009
Page 20 of 21
Judge Rotenberg Center
did not provide
translated progress
reports and consent
forms to parents whose
primary language is not
English.
Judge Rotenberg Center
must submit to the
Department copies of
translated progress reports
and consent forms that are
provided to parents whose
primary language is not
English. The submission
must be received by the
Department by April 1,
2009.
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

monitoring in this regard.
All other elements of this
criterion are incorporated
into Criterion 18.1 or
Criterion 12.2. Criterion
18.2 is now reserved.
Private School Mid-cycle Cover Letter and Report Form 2008.doc
Rev. 8/14/08
Judge Rotenberg Center Mid-cycle Report
February 5, 2009
Page 21 of 21