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
February 7, 2007
Lisa Kelly, Program Director
Justice Resource Institute
Berkshire Meadows
249 North Plain Road
Housatonic, MA 01236
Re: Onsite Mid-cycle Review
Dear Ms. Kelly:
Enclosed is the Department's Program Midcycle Review Report. This report contains the
Department's findings based on the onsite activities recently conducted in your school. This
report also includes a report on the status of implementation for new state or federal special
education requirements.
Although this report notes a few items that the Department of Education would like your school
to respond to, we are pleased to indicate that the we have determined that your school is in
substantial compliance with the selected state or federal special education requirements that were
reviewed as part of your 2006-2007 Mid-cycle. The findings of the Department are included in
the attached Monitoring Report. You and your entire staff are to be congratulated for your efforts
in implementing all regulations. Your private school will now receive an updated status of “Full
Approval.” This approval shall remain in effect for three (3) years or until the conclusion of your
next scheduled Program Review. The updated approval certificate is enclosed. 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 Education may change this approval status at any point during this three-year
period if circumstances arise that warrant such a change.
Justice Resource Institute Program Review Mid-cycle Report
February 7, 2007
1
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 the FY 2010, unless the Department determines that
there is some reason to schedule this visit earlier.
Your staff's cooperation throughout these follow-up monitoring activities is appreciated. Should
you require additional clarification of information included in our report, please do not hesitate to
contact the Onsite Team Chairperson at 413-858-4591.
Sincerely,
Sandra Hanig, Mid-cycle Review Program Follow-up Chairperson
Program Quality Assurance Services
Darlene Lynch, Director
Program Quality Assurance Services
c:
David P. Driscoll, Commissioner of Education
Bob Richards, Vice President, Justice Resource Institute, Inc.
Judith Tsipis, Chairperson of the Board, Justice Resource Institute, Inc.
Encl.: Follow-up Monitoring Report
Full Private School Approval Certificate, Expiration Date: August 31, 2010
2
MASSACHUSETTS DEPARTMENT OF EDUCATION
PRIVATE SCHOOL MID-CYCLE PROGRAM REVIEW
Justice Resource Institute (JRI)
Berkshire Meadows
ONSITE VERIFICATION OF CORRECTIVE ACTION PLAN IMPLEMENTATION
AND/OR IDENTIFICATION OF ADDITIONAL FINDINGS REQUIRING CORRECTIVE ACTION
Onsite Visit Conducted on November 6, 2006
Date of this Report February 7, 2007
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
Method(s) of
Verification
Comments Regarding
Implementation
Criterion
Determined to
be Not Fully
Implemented

Findings Regarding
Incomplete Compliance


Documentation
The finding of the November 2006
Mid-cycle Review is that all
licenses and inspections are current.

Documentation
The finding of the November 2006
Mid-cycle Review is that all EEC
licenses are current.
102 CMR 3.06
(4)(b)
2.3
EEC Licensure
(Not Applicable
Justice Resource Institute Program Review Mid-cycle Report
February 7, 2007
1
Corrective Action
Ordered by the
Department of Education
and Timelines for
Implementation and Further
Progress Reporting
Criterion
Number
and
Topic
Implementation
Status of
Requirements
Method(s) of
Verification
Comments Regarding
Implementation
Criterion
Determined to
be Not Fully
Implemented

Findings Regarding
Incomplete Compliance
Corrective Action
Ordered by the
Department of Education
and Timelines for
Implementation and Further
Progress Reporting
The finding of the November
2006 Mid-cycle Review is
that the Health Care Manual
contains all required
policies, but is not reviewed
and approved by a licensed
physician.
Submit a copy of the letter stating
that a licensed physician has
reviewed and approved the Health
Care Manual to the Department of
Education by March 20, 2007.

to Day Schools)
4.4
Advanced Notice
of Program/
Facility Change
28.09(5)(c)

Documentation
3.2
Health Care
Manual
18.05 (9)(d)

Documentation
and Interview
The finding of the November 2006
Mid-cycle Review is that JRI
Berkshire Meadows has a policy to
notify the DOE in advance of
significant changes to its program
or facility.
Note that the Department learned
during the November 2006 Midcycle Review that JRI Berkshire
Meadows is considering plans to
enclose the interior courtyard in
order to add two rooms for
occupational therapy. JRI Berkshire
Meadows is required to notify the
Department of Education and
request approval before beginning
any construction.
2
Please note that this letter must be
included in each copy of the
Health Care Manual on your
campus and updated annually.
Criterion
Number
and
Topic
4.5
Immediate
Notification
18.03(10)
18.05(7)
28.09(12)
5.2
Policies and
Procedures for
Coordination/
Collaboration
with Public
School Districts
Implementation
Status of
Requirements
Method(s) of
Verification
Comments Regarding
Implementation
Criterion
Determined to
be Not Fully
Implemented



Documentation
and Interview

Documentation
and Student
Record Review

Documentation
and
Observation
28.06(2-3)
28.09(9)(c)&(d)
28.09(2)
(b)7
The finding of the November 2006
Mid-cycle Review is that JRI
Berkshire Meadows has a policy on
making notification of serious
incidents to all required parties.
The finding of the November 2006
Mid-cycle Review is that JRI
Berkshire Meadows has a policy on
coordination and collaboration with
public school districts that meets all
requirements and is included in the
policies and procedures manual. A
contract between the district and
private special education school
was found in each student record
reviewed.
Federal
Regulations:
300.349 and
300.400-.401
6.1
Daily
Instructional
Hours
603 C.M.R.
27.00
The finding of the November 2006
Mid-cycle Review is that students
attend class from 9 a.m. – 2:30 p.m.
For this population of students all
aspects of the day, including lunch,
snack and social skills are included
as instructional learning time.
3
Findings Regarding
Incomplete Compliance
Corrective Action
Ordered by the
Department of Education
and Timelines for
Implementation and Further
Progress Reporting
Criterion
Number
and
Topic
6.2
School-to-work
(Instructional
hours)
603 CMR 27.02,
27.04
Implementation
Status of
Requirements
Method(s) of
Verification
Comments Regarding
Implementation
Criterion
Determined to
be Not Fully
Implemented

Not Applicable

Documentation
6.3
Kindergarten
(Instructional
hours)
603 CMR
27.03(5)
Not Applicable
Documentation
and Interview
6.4
School Days per
Year
28.09(9)

Documentation
6.5
Early Release of
High School
Seniors
Not Applicable
Documentation
and Interview
The finding of the November 2006
Mid-cycle Review is that JRI
Berkshire Meadows does not have
a School to Work Program.
The finding of the November 2006
Mid-cycle Review is that JRI
Berkshire Meadows serves students
age 3-22, but it does not have a
separate program for kindergarten
students.
The finding of the November 2006
Mid-cycle Review is that JRI
Berkshire Meadows’ academic
calendar contains 251 school days.
The finding of the November 2006
Mid-cycle Review is that JRI
Berkshire Meadows does not
release high school seniors early.
603 CMR 27.05
4
Findings Regarding
Incomplete Compliance
Corrective Action
Ordered by the
Department of Education
and Timelines for
Implementation and Further
Progress Reporting
Criterion
Number
and
Topic
Implementation
Status of
Requirements
8.4
Program
Modification s
and Support
Service for
Limited English
Proficient
Students
8.9
IEP- Revisions
and Changes
28.09(9(c)
Comments Regarding
Implementation
Criterion
Determined to
be Not Fully
Implemented

Findings Regarding
Incomplete Compliance
Corrective Action
Ordered by the
Department of Education
and Timelines for
Implementation and Further
Progress Reporting
The finding of the November
2006 Mid-cycle Review is
that JRI Berkshire Meadows
has developed a written
curriculum based on entry
points to the Massachusetts
Curriculum Frameworks,
which is appropriate for its
population. All education
staff members have been
trained on the curriculum,
but related services staff
members have not been
required to attend these
trainings.
Submit evidence that all related
services providers attend an
annual training on MCAS and the
curriculum. Submit sign in sheets
and agenda to the Department of
Education by March 20, 2007.


Documentation
and Personnel
Records
7.1
Curriculum
Frameworks
28.09(9)(b)
7.3
State/District
Wide
Assessments
28.09(9)(d)
Method(s) of
Verification

Documentation

Documentation

Documentation
The finding of the November 2006
Mid-cycle Review is that the
MCAS alternate assessment is
being used as determined by the
IEP Team.
The finding of the November 2006
Mid-cycle Review is that JRI
Berkshire Meadow has developed
general guidelines to work with the
family and sending school district
to support each student’s learning
and communication skills.
The finding of the November 2006
Mid-cycle Review is that JRI
Berkshire Meadows Berkshire has
developed a policy that meets all
required elements.
5
Criterion
Number
and
Topic
10.1
Student: Teacher
Ratios
28.06(6)(d)&(g)
28.09(7)(e)
10.4
Student: Child
Care Ratios
28.09(7)
18.01(2)
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
Method(s) of
Verification
Comments Regarding
Implementation
Criterion
Determined to
be Not Fully
Implemented



Documentation,
interview and
observation

Documentation

Documentation
and interview

Documentation
The finding of the November 2006
Mid-cycle Review is that each
classroom at JRI Berkshire
Meadows has 6-8 students. The
student to teacher ratio is 1:1
during the school day.
The finding of the November 2006
Mid-cycle Review is that student:
childcare ratios in the evening and
on weekends are 2 students to one
staff member. Overnight the ratios
are 6 students to one staff member.
The supervisor is not included in
the child care ratio.
The finding of the November 2006
Mid-cycle Review is that JRI
Berkshire Meadows has a welldeveloped policy on the use of
volunteers.
The finding of the November 2006
Mid-cycle Review is that JRI
Berkshire Meadows has an
Educational Administrator who has
a current DOE license in special
education, M.Ed. in special
education and five years experience
in special education administration.
6
Findings Regarding
Incomplete Compliance
Corrective Action
Ordered by the
Department of Education
and Timelines for
Implementation and Further
Progress Reporting
Criterion
Number
and
Topic
11.4
Teachers
Special
Education
Teachers and
Regular
Education
Teachers
28.09(7)(b)(c)
18.05(11)(f)
11.4(a)
Professional
Development
Plans
28.09(7)(b)(c)
Implementation
Status of
Requirements
Method(s) of
Verification
Comments Regarding
Implementation
Criterion
Determined to
be Not Fully
Implemented



Documentation

Documentation

Documentation
and Interview
The finding of the November 2006
Mid-cycle Review is that all
teachers have a Massachusetts
Department of Education license or
are on a Department of Education
approved waiver.
The finding of the November 2006
Mid-cycle Review is that two of the
four teachers at JRI Berkshire
Meadows have a professional level
DOE license and professional
development plans have been
completed for these staff members.
18.05(11)(f)
11.5
Related Services
Staff
28.09(7)(d)
The finding of the November 2006
Mid-cycle Review is that all related
services providers hold a current
license in the state of
Massachusetts.
7
Findings Regarding
Incomplete Compliance
Corrective Action
Ordered by the
Department of Education
and Timelines for
Implementation and Further
Progress Reporting
Criterion
Number
and
Topic
Implementation
Status of
Requirements
Method(s) of
Verification
Criterion
Determined to
be Not Fully
Implemented

Findings Regarding
Incomplete Compliance


Documentation
and Interview
11.6
Master Staff
Roster
28.09(7)

Documentation
11.8
Salary Ranges
18.05(11)(e)

Documentation
11.9
Organizational
Structure
28.09(7)
28.07(c)

Documentation
11.7
Job Descriptions
18.05(11)(d)
Comments Regarding
Implementation
The finding of the November 2006
Mid-cycle Review is that JRI
Berkshire Meadows submitted job
descriptions for all positions.
The finding of the November 2006
Mid-cycle Review is that JRI
Berkshire Meadows submitted
information on salary ranges for all
positions.
The finding of the November 2006
Mid-cycle Review is that JRI and
Berkshire Meadows have
developed an organizational
structure that provides for the safe
and efficient supervision of
students and staff.
8
The finding of the November
2006 Mid-cycle Review is
that the Master Staff Roster
that was submitted to the
Department of Education
does not include information
on the specific qualifications
of each staff member.
Instead, JRI Berkshire
Meadows included
information on the minimum
requirements for each
position. The Master Staff
Roster does not include the
consulting pediatricians and
other medical persons as
required.
Corrective Action
Ordered by the
Department of Education
and Timelines for
Implementation and Further
Progress Reporting
Submit a revised Master Staff
Roster that includes detailed
information on the specific
qualifications of each staff
member to the Department of
Education by March 20, 2007.
Criterion
Number
and
Topic
11.11
Supervision of
Students
28.09(7)
11.12
Accessibility of
Extracurricular
Activities
Implementation
Status of
Requirements
Method(s) of
Verification
Comments Regarding
Implementation
Criterion
Determined to
be Not Fully
Implemented



Documentation

Documentation
The finding of the November 2006
Mid-cycle Review is that JRI
Berkshire Meadows has a welldeveloped plan for the supervision
of students.
The finding of the November 2006
Mid-cycle Review is that JRI
Berkshire Meadows has a policy
and procedure to ensure that no
student is excluded from
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
9
Findings Regarding
Incomplete Compliance
Corrective Action
Ordered by the
Department of Education
and Timelines for
Implementation and Further
Progress Reporting
Criterion
Number
and
Topic
Implementation
Status of
Requirements
Method(s) of
Verification
Criterion
Determined to
be Not Fully
Implemented


12.2
Annual InService Training
Plan and
Calendar
28.09(7)(f)
18.05(11)(h)

Documentation
13.3
Comparability of
Facilities

Observation
and
Documentation
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)
Comments Regarding
Implementation
The finding of the November 2006
Mid-cycle Review is that the inservice training calendar contains
all trainings required by DOE.
The finding of the November 2006
Mid-cycle Review is that all
facilities are comparable. JRI
Berkshire Meadows submitted
information on the name and job
description of the person
responsible for monitoring facility
issues.
10
Findings Regarding
Incomplete Compliance
Corrective Action
Ordered by the
Department of Education
and Timelines for
Implementation and Further
Progress Reporting
Criterion
Number
and
Topic
Implementation
Status of
Requirements
Comments Regarding
Implementation
Criterion
Determined to
be Not Fully
Implemented


Findings Regarding
Incomplete Compliance

Documentation
and interview
15.1
Parental
Involvement and
Parents’ Advisory
Group
18.05(4)(a)
15.3
Information to be
translated into
Languages other
than English
Method(s) of
Verification
Documentation

The finding of the November 2006
Mid-cycle Review is that JRI
Berkshire Meadows is able to
translate communications into
Spanish and submitted copies of
documents it has translated.
Title VI; EEOA:
20 U.S.C.
1703(f); M.G.L.
c. 76, s. 5; 603
CMR 26.02(2)
11
The finding of the November
2006 Mid-cycle Review is
that JRI Berkshire Meadows
has developed a letter that it
plans to send to parents in
attempt to hold Parent
Advisory Group meetings in
the future, but has not held
meetings in the past year.
Corrective Action
Ordered by the
Department of Education
and Timelines for
Implementation and Further
Progress Reporting
Submit a plan for when Parent
Advisory Group meetings will be
held this academic year to the
Department of Education by
March 20, 2007.
Criterion
Number
and
Topic
15.8
Registering
Complaints
Implementation
Status of
Requirements
Method(s) of
Verification
Criterion
Determined to
be Not Fully
Implemented



Documentation

Documentation
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)
16.10
Meningococcal
Disease and
Vaccination
Comments Regarding
Implementation
The finding of the November 2006
Mid-cycle Review is that JRI
Berkshire Meadows has well
developed policies, procedures and
mechanisms to document and
respond to complaints filed by staff,
parents and students.
The finding of the November 2006
Mid-cycle Review is that JRI
Berkshire Meadows has developed
a policy on Meningococcal disease
and vaccination and this policy is
located in the Health Care Manual.
MGL, Chapter
76, s.15D
105 CMR
220.700
12
Findings Regarding
Incomplete Compliance
Corrective Action
Ordered by the
Department of Education
and Timelines for
Implementation and Further
Progress Reporting
Criterion
Number
and
Topic
18.2
Student Records
28.09(10)
Implementation
Status of
Requirements
Method(s) of
Verification
Comments Regarding
Implementation
Criterion
Determined to
be Not Fully
Implemented

Findings Regarding
Incomplete Compliance
Corrective Action
Ordered by the
Department of Education
and Timelines for
Implementation and Further
Progress Reporting
The finding of the November
2006 Mid-cycle Review is
that the Face Sheet does not
indicate the home language
of the parent and all required
consents are not updated
annually.
Submit a copy of the revised Face
Sheet and a random sample of 10
updated face sheets.


Student Record
Review
MGL c. 71, s.
34H
603 CMR 23.00
Family
Educational
Rights and
Privacy Act
(FERPA)
Also submit a copy of each
consent form that the school will
require parents to sign each year
along with a narrative description
of how the school plans to ensure
that all consents are updated
annually.
These documents must be received
at the Department of Education by
March 20, 2007.
13