Massachusetts Department of Elementary and Secondary Education 75 Pleasant Street, Malden, Massachusetts 02148 Telephone: (781) 338-3700 TTY: N.E.T. Relay 1-800-439-2370 December 8, 2006 Ms. Pam O’Neill Lake Grove at Maple Valley 6 Farley Road Wendell, MA 01379 Re: Onsite Follow-up Monitoring Report: Program Review Corrective Action Plan Verification and Mid-cycle Review Dear Ms. O’Neill: 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 April 11, 2005. 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. 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. 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 June 8, 2007. 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 January 2, 2007. 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 781-338-3717. Sincerely, Betsy Holcombe, Program Review Follow-up Chairperson Program Quality Assurance Services Darlene Lynch, Director Program Quality Assurance Services c: David P. Driscoll, Commissioner of Elementary and Secondary Education Tom Moore, CEO, Lake Grove Schools Encl.: Follow-up Monitoring Report Provisional Private School Approval Certificate, Expiration Date: June 8, 2007 2 MASSACHUSETTS DEPARTMENT OF ELEMENTARY AND SECONDARY EDUCATION PRIVATE SCHOOL MID-CYCLE PROGRAM REVIEW Lake Grove at Maple Valley ONSITE VERIFICATION OF CORRECTIVE ACTION PLAN IMPLEMENTATION AND/OR IDENTIFICATION OF ADDITIONAL FINDINGS REQUIRING CORRECTIVE ACTION Action Plan Submitted on June 1, 2005 Onsite Visit Conducted on October 25-26, 2006 Date of this Report December 6, 2006 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 and Student DescriptionProgram Capacity 28.09(2)(b) (2, 3, 7) 2.2 Approvals, Licenses, Certificates of Inspection 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 Documentation Program and student descriptions were submitted. All required current approvals, licenses, and certificates of inspection have been submitted and approved. The program description did not include staff qualifications or the mechanism of service delivery for related services. An updated program description containing all required elements must be submitted by January 15, 2007. 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 28.09 (2)(b)4-5 28.09(5) 28.09(6) 18.04(1) 102 CMR 3.06 (4)(b) 2.3 EEC Licensure (Not Applicable to Day Schools) Documentation All required current EEC licenses have been submitted and approved. Documentation The Policies and Procedures Manual has been reviewed and approved. Documentation 3.1 Policies and Procedures Manual 28.09(11)(b) 3.2 Health Care Manual 18.05(9)(d) 4.2 Public Information and Postings 28.09(6)(a, b, c, d, e) 28.09(2)(b)(4) Corrective Action Plan Determined to be Not Fully Implemented or Additional Issues Identified The Health Care Manual containing required topics has been reviewed and approved. All required information has been posted. Observation 2 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 4.4 Advanced Notice of Program/ Facility Change 28.09(5)(c) 4.5 Immediate Notification 18.03(10) 18.05(7) 28.09(12) 5.1 Student Admissions 28.09(11) 5.2 Policies and 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 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 The policy for reporting abuse and neglect does not contain correct information. An updated abuse and neglect policy containing all required elements must be submitted by February 15, 2007. Documentation Interviews The written policy and Form 1 are being appropriately utilized by the School. The Form 2 is being utilized by the School. Documentation Interviews Documentation Documentation The student admission policy has been reviewed and approved. The School has submitted the Policies and Procedures for coordination and collaboration with public school districts. 3 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 5.2(a) (Formerly 5.3) Contents of Coordination/ Collaboration with Public School Districts 28.06(2-3) 28.07(5) 28.09(9)(c)&(d) 28.09(2)(b)(7) 34 CFR 300.349 and 300.400-.401 6.1 Daily Instructional Hours 603 C.M.R. 27.00 6.2 School-to-work 603 CMR 27.02, 27.04 6.4 School Days per Year 28.09(9) Documentation Interviews Observation The School has submitted the policies and procedures for coordination and collaboration with public school districts. Further Corrective Action Ordered by the Department of Elementary and Secondary Education and Timelines for Implementation and Further Progress Reporting There are missing policies which include contracts with sending districts, revising IEPs (See Criterion 8.9), transition, and the granting of diplomas and certificates of attendance. There is no Educational Administrator to oversee the implementation of this Criterion (See Criterion11.3). The School must develop and update policies and procedures for coordination and collaboration with public school districts. These policies and procedures must contain all required elements and submitted by February 15, 2007. Documentation There are no written guidelines for school-towork opportunities. School-to-work guidelines must be developed and submitted by February 15, 2007. The School provides the required hours of instruction. Documentation Findings Regarding Incomplete Implementation of Approved Corrective Action Plan or Identification of Additional Issues of Noncompliance Documentation Corrective Action Plan Determined to be Not Fully Implemented or Additional Issues Identified The School provides the required days on the submitted twelve-month program calendar. 4 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 6.5 Early Release of High School Seniors 603 CMR 27.05 7.1 Curriculum Frameworks 28.09(9)(b) 7.2 Staff Training 28.09(9)(b) 7.3 State/District Wide Assessments 28.09(9)(d) 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 The School submitted a written policy for the early release of high school seniors. Documentation Interviews Documentation Documentation Interviews All staff receive annual training in curriculum expectations. Documentation Interviews The School has submitted written procedures for the MCAS assessment process. The School submitted a written curriculum which provides learning opportunities for enrolled students. 5 The list of participating students and responsible staff was not submitted. There is no policy for the administration of the alternate assessment, as needed. The required list of participating students and responsible staff, and the policy for the administration of the alternate assessment must be submitted by February 15, 2007. 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 8.2 Implementation Related Services 28.04 and 28.09(8) 34 CFR 300.24 8.3 Implementation Supplementary Aids/ Services 34 CFR 300.28 8.4 Program Modifications for LEP Students 8.5 (Formerly 8.4) Current IEP & Student Roster 28.09 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 Corrective Action Plan Determined to be Not Fully Implemented or Additional Issues Identified Documentation A narrative describing how each related service is implemented by the School has not been submitted. Documentation describing how each related service is implemented by the School must be submitted by February 15, 2007. Not all IEPs are current or consented-to. There is a system to address expired IEPs which is not consistently utilized. There is no Educational Administrator to oversee the implementation of this Criterion (See Criterion 11.3). A current IEP and student roster must be submitted by February 15, 2007. A list of supplementary aids and services has been submitted and approved. Documentation The School will work with LEAs to ensure appropriate modifications and support services. Documentation Student Records An IEP and student roster has been submitted. 6 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 8.6 (Formerly 8.5) Education Case Manager 28.09 8.7 (Formerly 8.6) IEP Implementation 28.09 8.8 (Formerly 8.7) IEP Progress Reports 28.07(3) 20 U.S.C. Chapter 33, Section 1414(d)(1)(A) (viii) IDEA Regulations: 300.347 8.9 (Formerly 8.8) IEP- Revisions & Changes 34 CFR 300 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 All students are assigned an Education Case Manager which is listed on the face sheet in each student record. Documentation Student Records Documentation Student Records Documentation The written policy to address IEP progress reports was submitted. A written policy for revisions and changes on IEPs was submitted. 7 Due to the lack of progress reports in the student files, this criterion could not be verified. Progress reports must be consistently included in student records by February 15, 2007. Quarterly progress reports were not in all student files, as required. While there is a system to track progress reports, it is not being consistently utilized. The progress report form that the School uses was not submitted. Progress reports must be consistently included in student records and the progress report form that the School uses must be submitted by February 15, 2007. The policy does not address contacting the LEA if an IEP requires revision. An updated policy containing all required elements must be submitted by February 15, 2007. 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 8.11 (Formerly 8.10) IEP- Transition Planning 34 CFR 300.347(b)(1) 34 CFR 300.347(b)(2) 8.12 (Formerly 8.11) IEP- Transition Services 28.05(4)(c) 9.3 Runaway Students 18.03(10) 9.7 Terminations 18.05(7) 28.09(12)(b) 10.1 Student:Teacher Ratios 28.06(6)(d)&(g) 28.09(7)(e) 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 Evidence of transition planning for students fifteen years and older was not found in students’ records, as required. The School must provide evidence that transition planning for students fifteen years and older is occurring by February 15, 2007. This documentation must be consistently maintained in students’ records. The recent changes in IDEA regulations are not reflected in the School’s transition policy. An updated policy containing all required elements must be submitted by February 15, 2007. Training in the updated runaway policy has not been provided to all staff for consistent implementation. Training in the updated runaway policy needs to be provided to all staff by February 15, 2007. Documentation Student Records A written policy for transition services was submitted. Documentation Student Records Documentation Interviews A recently revised written policy to ensure more supervision for runaway students was submitted. Documentation A written termination policy has been submitted and approved. Documentation Observation Student to teacher ratios are consistently maintained in the School. 8 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 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 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 The position of Educational Administrator Is currently vacant. Monthly updates of continued efforts to hire an Educational Administrator to implement the special education program must begin by January 15, 2007 and submitted monthly thereafter until an Educational Administrator is hired. Documentation Observation Documentation Documentation Interviews Observation Student to child care ratios are consistently maintained in the residences. A comprehensive manual of personnel policies and procedures has been submitted and approved. Lake Grove is making efforts to obtain an Educational Administrator. 9 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 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) 18.05(11)(f) 11.6 Master Staff Roster 28.09(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 Elementary and Secondary Education and Timelines for Implementation and Further Progress Reporting The teachers are not appropriately supervised by a qualified special education administrator and are not always teaching in their areas of licensure. Not all teaching waivers are current. The updated roster of teaching staff must include a qualified supervisor, and all teachers must be currently licensed or on an approved waiver in the areas in which they teach by February 15, 2007. Professional development plans are not being developed and implemented, as required of all professionally licensed staff. All professionally licensed staff must have a written professional development plan by February 15, 2007. There is no evidence that the Speech and Language provider has a current DOE license. The Speech and Language provider must have evidence of a current DOE license by February 15, 2007. Master Staff Roster does not include staff vacancies. A Master Staff Roster which includes vacancies must be submitted by February 15, 2007. Documentation Interviews Observation The roster of teaching staff was submitted. Documentation Personnel Records Documentation Documentation Personnel Records 11.5 Related Services Staff 28.09(7)(d) Corrective Action Plan Determined to be Not Fully Implemented or Additional Issues Identified The roster of related services staff was submitted. Master Staff Roster was submitted. 10 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 11.7 Job Descriptions 18.05(11)(d) 11.8 Salary Ranges 18.05(11)(e) 11.9 Organizational Structure 28.09(7) 28.07(c) 11.11 Supervision of Students 28.09(7) 11.13 (Formerly 11.12) Plan for Staff Coverage 18.03(1)(b)4 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 Given the absence of an Educational Administrator, the School has been unable to demonstrate appropriate supervision of teaching staff. Monthly updates of continued efforts to hire an Educational Administrator to implement the special education program must be submitted beginning January 15, 2007. Documentation Job descriptions have been submitted and approved. Documentation Salary ranges have been submitted and approved. Documentation Interviews Observation Documentation Observation A detailed plan for supervision of students has been submitted and approved. Documentation A written plan for staff coverage has been submitted and approved. The chart of the organizational structure has been submitted. 11 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 12.2 Annual InService Training Plan and Calendar 28.09(7)(f) 18.05(11)(h) 12.2 (d) Details Medication Training 18.05(9)(f)(3) (c) Corrective Action Plan Determined to be Not Fully Implemented or Additional Issues Identified Documentation Personnel Records Interviews Documentation The annual in-service training plan and calendar has been submitted and approved. Medication side-effects training is being provided to staff annually, as required. 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 Verification Comments Regarding Corrective Action Plan Implementation 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) 13.6 (Formerly 13.5) Classroom Space 18.04(6)(a) Corrective Action Plan Determined to be Not Fully Implemented or Additional Issues Identified Documentation Observation Observation Facilities for all students are equally comparable. Classroom space is adequate at both education sites. 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 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 15.1 Parental Involvement and Parents’ Advisory Group 18.05(4)(a) 15.3 Information to be Translated 15.4 (Formerly 15.3) Change of Student’s Legal Status 18.05(4)(b) 15.5 (Formerly 15.4) Parent Consent 28.07(1)(b) Corrective Action Plan Determined to be Not Fully Implemented or Additional Issues Identified Documentation Documentation Documentation Documentation Interviews Parent meetings are held on a quarterly basis, and a survey was provided to parents to encourage input and ideas. The School translates information, as needed. The School has a procedure to ensure notification of a change of a student’s legal status which has been submitted and approved. All parent consents are being used and updated annually. 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 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 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) 16.1 Health Care Policy and Procedure Manual 18.05(9)(c) 18.05(9)(d) 16.5 Administration of Medication 18.05(9)(f) Corrective Action Plan Determined to be Not Fully Implemented or Additional Issues Identified Documentation Documentation Documentation Written procedures for parents to register complaints have been submitted and approved. The Health Care Manual containing required topics has been reviewed and approved. The written policy for the administration of medication has been submitted and approved. 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 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 16.10 Meningococcal Disease and Vaccination MGL, Chapter 76, s.15D 105 CMR 220.700 18.2 Student Records 28.09(10) MGL c. 71, s. 34H 603 CMR 23.00 Family Educational Rights and Privacy Act (FERPA) 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 Student records do not consistently include progress reports, and not all IEPs are currently signed. Educational Surrogate Parent information is not always noted on the face sheet. The student records will have all required information by February 15, 2007. Documentation Documentation Student Records The written policy for Meningococcal Disease and Vaccination has been submitted and approved. Student records contain most of the required information. 16