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 January 10, 2007 Lisa Weeden Education Director The League School of Greater Boston 300 Boston Providence Turnpike Walpole, MA 02032 Re: Onsite Follow-up Monitoring Report: Program Review Corrective Action Plan Verification and Mid-cycle Review Dear Ms.Weeden: Enclosed is the Department's Program Review Follow-up Monitoring Report together with findings regarding your private school’s Mid-cycle 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 September 13, 2004. 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 July 8, 2007. The reasons for the “Provisional Approval” are clearly indicated on the attached Corrective Action Plan Implementation Checklist. In areas where the private school has failed to implement fully its approved Corrective Action Plan, the Department views these findings to be serious. 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 League School Mid-cycle Review Report January 10, 2007 Page 1 of 2 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 24, 2007. The private school must demonstrate the specific steps to be taken to come into substantial compliance with all identified areas requiring corrective action by May 15, 2007. Pending the outcome of review of these steps, the Department will determine whether or not sanctions in the form of “Probationary Approval” status and/or a closing of the private school’s intake are necessary at that time. 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 Darlene Lynch, Director Program Quality Assurance Services c: David P. Driscoll, Commissioner of Education Nina Marchese, Supervisor Encl.: Follow-up Monitoring Report Provisional Approval Certificate, Expiration Date: July 8, 2007 2 MASSACHUSETTS DEPARTMENT OF EDUCATION PRIVATE SCHOOL MID-CYCLE PROGRAM REVIEW The League School of Greater Boston ONSITE VERIFICATION OF CORRECTIVE ACTION PLAN IMPLEMENTATION AND/OR IDENTIFICATION OF ADDITIONAL FINDINGS REQUIRING CORRECTIVE ACTION Action Plan Submitted on December 10, 2004 Onsite Visit Conducted on October 17, 2006 Date of this Report January 10, 2007 Criterion Number and Topic Implementation Status of Requirements or Corrective Action Plan Determined to be Substantially Implemented Method(s) of Verifica-tion Comments Regarding Corrective Action Plan Implementation 1.3 Program’s Curriculum 28.09(9) (Now 7.1) Documentation review 2.2 Approvals, Licenses, Certificates of Inspection 28.09 (2)(b)4-5 Documentation review Corrective Action Plan Determined to be Not Fully Implemented or Additional Issues Identified The League School has submitted current approvals for building occupancy, fire safety, health safety, local school committee approval, and approval from the League School Mid-cycle Review Report January 10, 2007 Page 1 of 37 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 See 7.1 The League School did not provide asbestos and PCB inspections as required. The League School must submit inspections for PCB’s and asbestos by March 15, 2007. Criterion Number and Topic Implementation Status of Requirements or Corrective Action Plan Determined to be Substantially Implemented Method(s) of Verifica-tion Comments Regarding Corrective Action Plan Implementation Corrective Action Plan Determined to be Not Fully Implemented or Additional Issues Identified Findings Regarding Incomplete Implementation of Approved Corrective Action Plan or Identification of Additional Issues of Noncompliance Further Corrective Action Ordered by the Department of Education and Timelines for Implementation and Further Progress Reporting The League School has not developed a complete policy and procedure for Coordination/Collaboration with School Districts, and Student Protections that meets state and federal regulations. The League School must submit a complete policy and procedure for Coordination/Collaboration with School Districts, and Student Protections that meets state and federal regulations to the Department for approval by March 15, 2007. 28.09(5) 28.09(6) 18.04(1) Department of Early Education and Care to operate a residential facility. 102 CMR 3.06 (4)(b) 2.3 DEEC Licensure (Not Applicable to Day Schools) 3.1 and 3.1 (a) Policies and Procedures manual and it’s contents 28.09(11)(b) Documentation review The League School residential program has a current full license from the Department of Early Education and Care for both residences. Documentation review The League School has developed a complete policy and procedure for Research, Experimentation, Fund Raising, Publicity, and Observation that meets state and federal regulations. The League School must train all staff on the new policy and submit a sign in sheet and an agenda to the Department by May 15, 2007. 2 Criterion Number and Topic Implementation Status of Requirements or Corrective Action Plan Determined to be Substantially Implemented Method(s) of Verifica-tion Comments Regarding Corrective Action Plan Implementation 3.2 Health Care Manual 18.05 (9)(d) 4.2 Public Information and Postings 29.09(6)(a,b,c,d ,e), 28.09(2)(b)(4) 4.4 Advanced Notice of Program/ Facility Change 28.09(5)(c) Documentation review The League School now has a complete health care manual, which has been approved annually by a licensed physician. Documentation review, and Observations The League School now has all public information and postings available as required. Documentation review, Observations The League School has a policy and procedure for advanced notice of program/facility change. The school has not had to notify the Department of any changes. 3 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 See 16.6 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 Verifica-tion Comments Regarding Corrective Action Plan Implementation 4.5 Immediate Notification 18.03(10) 18.05(7) 28.09(12) Corrective Action Plan Determined to be Not Fully Implemented or Additional Issues Identified Documentation review, Student Record Review 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 and student record review revealed that The League School has a policy for immediate notification, but it does not include procedures for notification of all required parties and documentation of the incident in student records. The League School must submit a complete policy and procedure for Immediate Notification, which includes procedures for notification of all required parties and documentation of the incident in student records to the Department for approval by March 15, 2007. The League School must train all staff on the new policy and procedure and submit a sign in sheet and an agenda to the Department by May 15, 2007. 4 Criterion Number and Topic Implementation Status of Requirements or Corrective Action Plan Determined to be Substantially Implemented Method(s) of Verifica-tion Comments Regarding Corrective Action Plan Implementation 5.1 Student Admissions 28.09(11) 18.05(1) and (2) Corrective Action Plan Determined to be Not Fully Implemented or Additional Issues Identified Documentation review 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 Although League School has a consistent procedure that is followed in regard to student admissions, the written policy does not state that copies of the school’s policies and procedures must be provided to the student, parent, and the placing public school district prior to admission of the student and that documentation from a licensed physician of a complete physical examination is required. The League School must submit an updated and complete policy and procedure for Student Admissions that includes a statement that copies of the school’s policies and procedures must be provided to the student, parent and the placing public school district prior to admission of the student and that documentation from a licensed physician of a complete physical examination is required to the Department for approval by March 15, 2007. The League School must train all staff who have admissions duties on the new policy and submit a sign in sheet and an agenda to the Department by May 15, 2007. 5 Criterion Number and Topic Implementation Status of Requirements or Corrective Action Plan Determined to be Substantially Implemented Method(s) of Verifica-tion Comments Regarding Corrective Action Plan Implementation 5.2 Policies and Procedures for Coordination/ Collaboration with Public School Districts & Content requirements policies/procedures for Coordination/ Collaboration with Public School Districts Documentation review, Student record review, Interviews The League School now has a policy and procedure that would allow all appropriate students to participate in less restrictive program options. The League School provides students with opportunities to socialize with non-disabled peers in the community during recreational outings and through employment. 28.06(2-3) 28.09(9)(c)&(d) 28.09(2)(b)7 Federal Regulations: 300.349 and 300.400-.401 6 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 Education and Timelines for Implementation and Further Progress Reporting The League School does not have complete policies and procedures for coordination and collaboration with public school districts that meet state and federal regulations. See 3.1. 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 Implementation Status of Requirements or Corrective Action Plan Determined to be Substantially Implemented Method(s) of Verifica-tion Comments Regarding Corrective Action Plan Implementation Corrective Action Plan Determined to be Not Fully Implemented or Additional Issues Identified Findings Regarding Incomplete Implementation of Approved Corrective Action Plan or Identification of Additional Issues of Noncompliance Further Corrective Action Ordered by the Department of Education and Timelines for Implementation and Further Progress Reporting The League School has not detailed how school-to– work hours are verified and how students are supervised during schoolto-work activities. The League School must submit a complete policy and procedure, which details how school-to–work hours are verified and how students are supervised during school-towork activities to the Department for approval by March 15, 2007. Documentation review, Interviews The League School operates school for at least five and a half hours a day. Documentation review, Student record review, Interviews The League School has a policy for school-to-work. The League School must train all staff on the new policy and submit a sign in sheet and an agenda to the Department by May 15, 2007. 6.3 Kindergarten (Instructional hours) 603 CMR 27.03(5) Not Applicable Documentation review, Interviews 7 Criterion Number and Topic 6.4 School Days per Year 28.09(9) 6.5 Early Release of High School Seniors Implementation Status of Requirements or Corrective Action Plan Determined to be Substantially Implemented Not Applicable Method(s) of Verifica-tion Comments Regarding Corrective Action Plan Implementation Corrective Action Plan Determined to be Not Fully Implemented or Additional Issues Identified Documentation review, Interviews The League School Residential program operates 365 Days per year, and the Day program operates 216 days per year. Documentation review The League School does not release high school seniors early from school. 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 Verifica-tion Comments Regarding Corrective Action Plan Implementation 7.1 Curriculum Frameworks 28.09(9)(b) Documentation review, Student record review, Interviews The League School is in the process of updating its curriculum and is utilizing a consultant. 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 Education and Timelines for Implementation and Further Progress Reporting A review of documentation indicated that the League School curriculum does not address how students will focus on their social, pragmatic, and communication skills. The League School must submit a plan to update the curriculum so that it addresses how students will focus on their social, pragmatic and communication skills to the Department for approval by March 15, 2007. The League School has not aligned its’ written curriculum with the Massachusetts Curriculum Frameworks. 9 The League School must continue to either align its’ written curriculum with the Frameworks or take steps to provide students with essential learning opportunities that prepare the students to reach the state graduation standards. Criterion Number and Topic Implementation Status of Requirements or Corrective Action Plan Determined to be Substantially Implemented Method(s) of Verifica-tion Comments Regarding Corrective Action Plan Implementation 7.2 Staff Training 28.09(9)(b) Corrective Action Plan Determined to be Not Fully Implemented or Additional Issues Identified Documentation review, Personnel record review, Interviews 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 Based on staff interviews, not all direct care staff have an understanding and knowledge of the general curriculum expectations and learning standards of the Massachusetts Curriculum Frameworks. In addition, students enrolled in The League School have social and communication goals that must be implemented in the residential program and therefore residential direct care workers should receive training directly related to those goals. The League School must train all direct care staff to have an understanding of general curriculum expectations and learning standards of the Massachusetts Curriculum Frameworks and submit a sign in sheet and an agenda to the Department by May 15, 2007. Criterion Number and Topic 7.3 State/District Wide Assessments 28.09(9)(d) 8.1 Implementation -Educational Services 28.04 and 28.09(8) 34 CFR 300.26 Implementation Status of Requirements or Corrective Action Plan Determined to be Substantially Implemented Method(s) of Verifica-tion Comments Regarding Corrective Action Plan Implementation Corrective Action Plan Determined to be Not Fully Implemented or Additional Issues Identified Documentation review, Student record review, Interviews The League School now has clear written procedures on how staff will recommend to the Team whether a student will participate in on demand testing or complete alternate assessments. In addition, a specific list of accommodations is included in student IEPs. Documentation review, Student record review, Interviews The League School now offers vocational services to meet the needs of the students and the career education component has been formally developed. 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 Criterion Number and Topic 8.2 Implementation -Related Services 28.04 and 28.09(8) 34 CFR 300.24 8.5 Current IEP & Student Roster 28.09 Implementation Status of Requirements or Corrective Action Plan Determined to be Substantially Implemented Method(s) of Verifica-tion Comments Regarding Corrective Action Plan Implementation Findings Regarding Incomplete Implementation of Approved Corrective Action Plan or Identification of Additional Issues of Noncompliance Documentation review The League School now has a description of how students’ communication and language needs are met. The school now has a complete description of how parents receive counseling and training. Corrective Action Plan Determined to be Not Fully Implemented or Additional Issues Identified Documentation review, Student record review, Interviews The League School now has a description of the assistive technology devices available to students. Based on a review of student records, all IEP’s are consented to by the student’s parent(s) or the student, are signed, and indicate if the parent(s) or student has accepted or rejected the IEP. 12 . 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 Verifica-tion Comments Regarding Corrective Action Plan Implementation 8.8 IEP-Progress Reports 28.07(3) 20 U.S.C. Chapter 33, Section 1414(d)(1)(A)(v iii) Student record review, Interviews 8.7 IEP Implementation 28.09 Documentation review, Student record review, Interviews Corrective Action Plan Determined to be Not Fully Implemented or Additional Issues Identified The League School now states in the student Progress Reports whether a student will achieve goals by the end of the year. Additionally, all progress reports specify how the student is doing across all settings, when appropriate, and who receives a copy of IEP progress reports. IDEA Regulations: 300.347 13 Findings Regarding Incomplete Implementation of Approved Corrective Action Plan or Identification of Additional Issues of Noncompliance Based on a review of student records, the service delivery page on student IEPs does not accurately reflect the services students receive. For example, the type of personnel should be specific, rather than “League staff,” the frequency and duration needs to equal the number of hours in the school week and should not state, “ongoing.” Further Corrective Action Ordered by the Department of Education and Timelines for Implementation and Further Progress Reporting The League School must develop a policy and procedure to ensure that all IEPs accurately reflect the services the students receive as indicated on the service delivery page and submit to the Department for approval by March 15, 2007. The League School must train all staff on the new policy and submit a sign in sheet and an agenda to the Department by May 15, 2007. Criterion Number and Topic Implementation Status of Requirements or Corrective Action Plan Determined to be Substantially Implemented Method(s) of Verifica-tion Comments Regarding Corrective Action Plan Implementation Corrective Action Plan Determined to be Not Fully Implemented or Additional Issues Identified 8.10 IEP- Less Restrictive Placement 28.09(9(c) 8.11 IEP-Transition Planning 34 CFR 300.347(b)(1) 34 CFR 300.347(b)(2) 8.12 IEP – Transition Services 28.05(4)(c) Documentation review The League School has developed a policy and procedure for IEP-Revisions and Changes. Documentation review, Student record review, Interviews Transition plans are now student specific and are documented in student IEP’s as appropriate. Documentation review, Student record review, Interviews The League School now maintains documentation that demonstrates how the school works with the responsible school district to make any necessary referrals to appropriate adult human service agencies, including the Department of Mental Retardation. 9.4 Restraints 18.05(5) 603 CMR 46.00 Documentation review, Interviews The League School has submitted a restraint policy, which has been approved by the Department of Early Education and Care. 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 9.6 Suspensions Joint Responsibilities of the public/private school and the responsible school district Implementation Status of Requirements or Corrective Action Plan Determined to be Substantially Implemented Method(s) of Verifica-tion Comments Regarding Corrective Action Plan Implementation Corrective Action Plan Determined to be Not Fully Implemented or Additional Issues Identified Documentation review, Interviews The League School now has a policy for 10+day suspensions that contains all required elements. Federal Requirements: 34 CFR 300.519-.529 9.7 Terminations 28.09(12) 18.05(7) Documentation review, Interviews The League School now has a policy for terminations that contains all required elements. 10.1 Student:Teacher Ratios 28.06(6)(d)&(g) 28.09(7)(e) Documentation review, Interviews The League School has provided evidence that the instructional groupings are appropriate for the student population. 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 10.4 Student: Child Care Ratios 28.09(7) 18.01(2) Implementation Status of Requirements or Corrective Action Plan Determined to be Substantially Implemented Method(s) of Verifica-tion Comments Regarding Corrective Action Plan Implementation Corrective Action Plan Determined to be Not Fully Implemented or Additional Issues Identified Documentation review, Student record review, Interviews The League School has provided evidence that student: child-care ratios are appropriate for the student population. 11.1 Personnel Policies 28.09(7) 28.09(11)(a) 18.05(11) Documentation review The League School has a written personnel policies and procedures manual. 11.3 Educational Administrator Qualifications 28.09(7)(a) 603 CMR 44.00 and 44.04 Documentation review, Personnel record review, Interviews The Educational Administrator meets the Department requirements for the position. 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 Criterion Number and Topic Implementation Status of Requirements or Corrective Action Plan Determined to be Substantially Implemented Method(s) of Verifica-tion Comments Regarding Corrective Action Plan Implementation Documentation review, Personnel record review, Interviews 11.4 Teachers Special Education Teachers and Regular Education Teachers 28.09(7)(b)(c) 18.05(11)(f) Corrective Action Plan Determined to be Not Fully Implemented or Additional Issues Identified 11.4(a) Professional Development Plans 28.09(7)(b)(c) 18.05(11)(f) Documentation review, Personnel record review, Interviews The League School develops Professional Development Plans for professionally licensed teachers that are signed by the staff and his/her supervisor. 11.5 Related Services Staff 28.09(7)(d) Documentation review, Personnel record review, Interviews The League School’s related services staff are appropriately licensed or registered by their respective state boards or professional associations. 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 Based on a review of personnel records and staff interviews, not all staff are licensed or on approved waivers. The League School must update the Department of the progress toward hiring appropriately licensed or approved waivered teaching staff on March 15, 2007 and May 15, 2007. Criterion Number and Topic Implementation Status of Requirements or Corrective Action Plan Determined to be Substantially Implemented Method(s) of Verifica-tion Comments Regarding Corrective Action Plan Implementation 11.6 Master Staff Roster 28.09(7) Documentation review 11.7 Job Descriptions 18.05(11)(d) Documentation review Corrective Action Plan Determined to be Not Fully Implemented or Additional Issues Identified The League School maintains job descriptions for all staff. 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 The master staff roster submitted by The League School is not in the proper format and does not include the Uniform Financial Report (UFR) number and qualifications of all staff as required. The League School must submit a master staff roster in the appropriate format and with all required elements to the Department by March 15, 2007. Some of the League School’s job descriptions do not indicate the UFR# appropriate to the position. The League School must submit job descriptions indicating the UFR# appropriate to the position to the Department by March 15, 2007. Ex: Behavioral Coordinator and Behavioral Specialist are listed under tUFR#116, which is reserved for Teachers. 11.8 Salary Ranges 18.05(11)(e) Documentation review, Personnel record review, Interviews The League School submitted salary ranges for all staff positions. 18 Criterion Number and Topic 11.9 Organizational Structure 28.09(7) 28.07(c) 11.11 Supervision of Students 28.09(7) Implementation Status of Requirements or Corrective Action Plan Determined to be Substantially Implemented Method(s) of Verifica-tion Comments Regarding Corrective Action Plan Implementation Corrective Action Plan Determined to be Not Fully Implemented or Additional Issues Identified Findings Regarding Incomplete Implementation of Approved Corrective Action Plan or Identification of Additional Issues of Noncompliance Further Corrective Action Ordered by the Department of Education and Timelines for Implementation and Further Progress Reporting Observations at The League School residences revealed that students were left in rooms unattended. Interviews with staff did not reveal how or when students are able to earn this privilege. The League School must develop a plan, which indicates how students are monitored and supervised at all times in the residences and submit to the Department by March 15, 2007. Documentation review, Interviews The League School submitted an organizational chart and a description of the lines of staff supervision within the school Documentation review, Interviews The League School now has a specific staff schedule that describes how staff provides appropriate supervision to all students. 19 Criterion Number and Topic 11.12 Accessibility of Extracurricular Activities Implementation Status of Requirements or Corrective Action Plan Determined to be Substantially Implemented Method(s) of Verifica-tion Comments Regarding Corrective Action Plan Implementation Corrective Action Plan Determined to be Not Fully Implemented or Additional Issues Identified Documentation review, Interviews The League School provides equal opportunity for all students to participate in intramural and interscholastic sports. 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 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 Criterion Number and Topic Implementation Status of Requirements or Corrective Action Plan Determined to be Substantially Implemented Method(s) of Verifica-tion Comments Regarding Corrective Action Plan Implementation 12.1 Staff Orientation Training 18.05(11)(g) Corrective Action Plan Determined to be Not Fully Implemented or Additional Issues Identified Documentation review, Personnel record review, Interviews 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 Based on a review of documentation, The League School has not made available the written plan for new staff orientation training. Staff interviews revealed that League School does not provide orientation training on all required topics prior to direct care duties with students. The League School must develop a written plan for staff orientation to ensure an understanding of the school’s philosophy, organization, program, practices and goals and includes all required training topics and submit that written plan to the Department by March 15, 2007. The League School must include the 3 most recently hired staff and include documentation on how these staff were provided all mandated orientation training prior to their direct care responsibilities with students and submit it to the Department by March 15, 2007. Criterion Number and Topic Implementation Status of Requirements or Corrective Action Plan Determined to be Substantially Implemented Method(s) of Verifica-tion Comments Regarding Corrective Action Plan Implementation 12.2 Annual InService Training Plan and Calendar 28.09(7)(f) 18.05(11)(h) Corrective Action Plan Determined to be Not Fully Implemented or Additional Issues Identified Documentation review, Personnel record review, Interviews 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 Documentation review and interviews with staff revealed that The League School is not providing all staff with annual training in reporting of abuse and neglect, medication administration, transportation safety, emergency procedures, restraint procedures, Curriculum alignment with the Massachusetts Comprehensive Assessment System (MCAS), procedures for inclusion of all students in MCAS testing and/or alternate assessments, and Civil Rights. The League School must provide all staff with all annual in-service training and document such training in the personnel records. The League School must submit a random sample of 5 personnel records to the Department by May 15, 2007. The Department will also review a random sample of personnel records during the Fall application update. Criterion Number and Topic 12.2(a) Details Behavior Management and Restraint Training 28.09(11) 18.05(5) Implementation Status of Requirements or Corrective Action Plan Determined to be Substantially Implemented Method(s) of Verifica-tion Comments Regarding Corrective Action Plan Implementation Corrective Action Plan Determined to be Not Fully Implemented or Additional Issues Identified Documentation review The League School now has behavior management and restraint training procedures in place that are approved and meet the requirements of this criterion. 23 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 Verifica-tion Comments Regarding Corrective Action Plan Implementation 12.2(b) Details Child Abuse and Reporting 18.05(9)(j) Corrective Action Plan Determined to be Not Fully Implemented or Additional Issues Identified Documentation review 24 Findings Regarding Incomplete Implementation of Approved Corrective Action Plan or Identification of Additional Issues of Noncompliance The League School has not updated its policy on child abuse reporting to the Disabled Persons Protection Commission for students 18 years old and over. Additionally, the policy does not include procedures for all staff to report abuse to the appropriate agencies, since all staff are mandated reporters. The policy is also missing a procedure for notification to the parent, the public school district special education administrator, the Department of Education and any other state agency involved as required under criterion 4.5. Further Corrective Action Ordered by the Department of Education and Timelines for Implementation and Further Progress Reporting The League School’s child abuse and reporting policy must be updated to include procedures for reporting suspected abuse or neglect to DPPC. The policy must also detail that staff can report 51A’s directly to the Department of Social Services, and that the school must notify all required parties. This policy must be submitted to the Department for approval by March 15, 2007. The League School must train all staff on the new policy and submit a sign in sheet and an agenda to the Department by May 15, 2007. Criterion Number and Topic Implementation Status of Requirements or Corrective Action Plan Determined to be Substantially Implemented Method(s) of Verifica-tion Comments Regarding Corrective Action Plan Implementation 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 review, Interviews 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 The League School has not provided all staff with training in the nature of medication, potential side effects and any special precautions or requirements that need to be followed for individual students. The League School must train all staff on the nature of medication, potential side effects, and any special precautions or requirements that need to be followed for individual students, and submit a sign in sheet and an agenda to the Department by May 15, 2007. Criterion Number and Topic 12.2(f) Emergency Procedures Training 18.05(10) Implementation Status of Requirements or Corrective Action Plan Determined to be Substantially Implemented Method(s) of Verifica-tion Comments Regarding Corrective Action Plan Implementation Corrective Action Plan Determined to be Not Fully Implemented or Additional Issues Identified Documentation review The League School now conducts at least two evacuation drills per shift at each location annually. In addition, a written log of each evacuation drill detailing such things as the date, time elapsed, students, staff and witnesses who participated is being maintained. 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 13.3 Comparability of Facilities Implementation Status of Requirements or Corrective Action Plan Determined to be Substantially Implemented Method(s) of Verifica-tion Comments Regarding Corrective Action Plan Implementation Corrective Action Plan Determined to be Not Fully Implemented or Additional Issues Identified Interviews, Observations The League School facilities are comparable for all students. 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) 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 Criterion Number and Topic 13.4 Physical Facility/Archite ct-ual Barriers 18.04(8) Section 504: 29 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 104.349c); 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 Verifica-tion Comments Regarding Corrective Action Plan Implementation Corrective Action Plan Determined to be Not Fully Implemented or Additional Issues Identified Observations The League School now has a residential facility that provides individuals with limited physical mobility the opportunity to access all program services as required under Section 504 of the Rehabilitation Act of 1973. 28 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 Verifica-tion Comments Regarding Corrective Action Plan Implementation Observations 13.5 Kitchen, Dining, Bathing/Toilet, and Living Areas 18.04(2),(3), (4),(5) Corrective Action Plan Determined to be Not Fully Implemented or Additional Issues Identified 14.3 Toileting Procedures and Individual Plans 18.03(8) Documentation review, Student record review, Interviews The League School now documents toileting procedures in the student records. All staff are trained on these procedures. 15.1 Parental Involvement and Parents’ Advisory Group 18.05(4)(a) Documentation review, Interviews The League School now has a written plan for parental involvement, including the development of a Parent Advisory Group that advises the school on matters that pertain to the education, health and safety of the students in the program. 29 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 Observation of the residential facilities revealed that The League School does not have food allergies posted for the students enrolled in the residential program. The League School must post student allergies in all residences. The Department will conduct an onsite visit by February 15, 2007 to ensure compliance. Criterion Number and Topic 15.3 Information to be translated into Languages other than English Implementation Status of Requirements or Corrective Action Plan Determined to be Substantially Implemented Method(s) of Verifica-tion Comments Regarding Corrective Action Plan Implementation Corrective Action Plan Determined to be Not Fully Implemented or Additional Issues Identified Documentation review, Interviews The League School has a policy and procedure for information to be translated into languages other than English. Title VI; EEOA: 20 U.S.C. 1703(f); M.G.L. c. 76, s. 5; 603 CMR 26.02(2) 30 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 Verifica-tion Comments Regarding Corrective Action Plan Implementation 15.5 Parent Consent 28.07(1)(b) Corrective Action Plan Determined to be Not Fully Implemented or Additional Issues Identified Documentation review, Student record review, Interviews 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 A review of student records revealed that The League School does not receive annual consents for IEP related matters, emergency medical care, medications, and restraints. The League School must obtain annual consents for IEP related matters, emergency medical care, medications, and restraints. The League School must develop a policy and procedure to ensure that all consents are obtained annually and submit to the Department for approval by March 15, 2007. The League School must train all staff on the new policy and submit a sign in sheet and an agenda to the Department by May 15, 2007. The League School must submit a random sample of 5 student records to the Department by May 15, 2007. The Department will also review a random sample of personnel records during the Fall application update. 31 Criterion Number and Topic Implementation Status of Requirements or Corrective Action Plan Determined to be Substantially Implemented Method(s) of Verifica-tion Comments Regarding Corrective Action Plan Implementation 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)(d) 18.05(9)(c) Documentation review, Interviews 15.8 Registering Complaints Documentation review Corrective Action Plan Determined to be Not Fully Implemented or Additional Issues Identified The League School has a Health Care Manual that is approved by a health care consultant and now contains all required policies and procedures. 32 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 Based on a review of documentation, The League School has not developed written procedures for students and/or parents to register complaints based on disability and sexual harassment, which meets the state and federal requirements. The League School must develop a policy and procedure for registering complaints, which meets state and federal requirements and submit to the Department for approval by March 15, 2007. The League School must train all staff on the new policy and submit a sign in sheet and an agenda to the Department by May 15, 2007. Criterion Number and Topic 16.4 Emergency First Aid 18.05(9)(e) 16.5 Administration of Medication 18.05(9)(f) Implementation Status of Requirements or Corrective Action Plan Determined to be Substantially Implemented Method(s) of Verifica-tion Comments Regarding Corrective Action Plan Implementation Corrective Action Plan Determined to be Not Fully Implemented or Additional Issues Identified Documentation review The League School now has a policy for emergency first aid which includes the secure storage of first aid supplies, procedures for first aid that are kept with supplies, procedures to be followed in case of a fire or other emergency, procedures for informing parents of medical care administered to their child, and procedures to be followed in case of fire or other emergency. Documentation review The League School now has a policy for the administration of medication, which includes all of the required elements. 33 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 Verifica-tion Comments Regarding Corrective Action Plan Implementation 16.6 Administration of Antipsychotic Medication 18.05(9)(f)(9) Documentation review The League School has a policy for the administration of antipsychotic medication. 34 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 Education and Timelines for Implementation and Further Progress Reporting Based on a review of documentation, League School’s policy on the administration of antipsychotic medication does not include the required procedures to follow in order to obtain a substituted judgment decision from a court, known as a Rogers guardianship, in instances where informed consent can not be obtained. The League School must develop these procedures for obtaining Rogers guardianships for the administration of antipsychotic medication and submit it to the Department for approval by March 15, 2007. The League School must train all staff on the new policy and submit a sign in sheet and an agenda to the Department by May 15, 2007. Criterion Number and Topic Implementation Status of Requirements or Corrective Action Plan Determined to be Substantially Implemented Method(s) of Verifica-tion Comments Regarding Corrective Action Plan Implementation Documentation review, Student record review 16.7 Preventive Health Care 18.05(9)(f)(9) (h) The League School now has a policy on preventive health care. 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 Education and Timelines for Implementation and Further Progress Reporting The League School’s policy on preventive health care does not include a provision for family planning information. The League School must develop a policy and procedure for the inclusion of family planning information in the preventive health care policy and submit to the Department for approval by March 15, 2007. The League School must train all staff on the new policy and submit a sign in sheet and an agenda to the Department by May 15, 2007. 16.8 Receipt of Medical TreatmentReligious Beliefs 18.05(9)(k) Documentation review The League School now has a policy on the receipt of medical treatments in relation to religious beliefs. 35 Criterion Number and Topic 16.10 Meningococcal Disease and Vaccination Implementation Status of Requirements or Corrective Action Plan Determined to be Substantially Implemented MGL, Chapter 76, s.15D 105 CMR 220.700 17.1 Transportation Safety 28.09(11)(b) 18.2 Student Records 28.09(10) Method(s) of Verifica-tion Comments Regarding Corrective Action Plan Implementation 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 Interviews with staff indicated that The League School has not provided all staff with transportation safety training. See 12.2 Documentation review The League School has a policy and procedure for Meningococcal Disease and Vaccination. Documentation review Corrective Action Plan Determined to be Not Fully Implemented or Additional Issues Identified Documentation review, Student record review The League School has now updated all face sheets to include all required elements. MGL c. 71, s. 34H 603 CMR 23.00 Family Educational Rights and Privacy Act (FERPA) 36 37