Massachusetts Department of Elementary and Secondary Education 75 Pleasant Street, Malden, Massachusetts 02148-4906 Telephone: (781) 338-3700 TTY: N.E.T. Relay 1-800-439-2370 December 30, 2009 Catherine Loeffler Catholic Charities of the Diocese of Worcester 10 Hammond Street Worcester, MA 01610 Re: Mid-cycle Review and Verification of Previous Program Review Corrective Action Plan Dear Ms. Loeffler: Enclosed are the Department’s findings regarding your private school program’s recent onsite Mid-cycle Review. This Mid-cycle Review Report contains the Department's findings regarding the implementation status and effectiveness of corrective steps taken in response to your previous Program Review Report issued on June 11, 2007. This report also includes a report on the status of implementation for new state or federal special education requirements enacted since your program’s last Program Review. 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 March 31, 2010. The reasons for the “Provisional Approval” are clearly indicated on the attached Mid-cycle Review Report. As the Department previously informed you, in cases where a program fails to fully and effectively implement a Corrective Action Plan which was proposed by your program and approved by the Department, the Department must then prepare a Corrective Action Plan for the program 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 program 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 program within the timelines specified. Your statement of assurance must be submitted to the Department's Onsite Chairperson by January 15, 2010. Page 1 of 2 Please be advised that the attached Department of Elementary and Secondary Education Approval Certificate must be conspicuously posted in a public place within the program as required by 603 CMR 28.09. 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 781-338-3719. Sincerely, Diane Chadwell, Mid-cycle Review Chairperson Program Quality Assurance Services Darlene Lynch, Director Program Quality Assurance Services c: Mitchell D. Chester, Ed.D., Commissioner of Elementary and Secondary Education Patricia Stepanski Plouffe, Chairperson, Board of Directors Doreen Donovan-Barbera, Local Program Review Coordinator Encl.: Mid-cycle Review Report Provisional Private School Approval Certificate, Expiration Date: March 31, 2010 Page 2 of 2 MASSACHUSETTS DEPARTMENT OF ELEMENTARY AND SECONDARY EDUCATION PRIVATE SCHOOL MID-CYCLE REVIEW Catholic Charities of the Diocese of Worcester County Mercy Centre MID-CYCLE REVIEW REPORT Previous Program Review Corrective Action Plan Submitted on July 20, 2007 Mid-cycle Onsite Visit Conducted on December 1, 2009 Date of this Report December 30, 2009 Criterion Number and Topic Implementation Status of Requirements or Corrective Action Plan Determined to be Substantially Implemented Method(s) of Verification Comments Regarding Corrective Action Plan Implementation Corrective Action Plan Determined to be Not Fully Implemented or Additional Issues Identified Selected Approved Private School Program Mid-cycle Review Criteria Mercy Centre Mid-cycle Review Report December 30, 2009 Page 1 of 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 Elementary and Secondary Education and Timelines for Implementation and Further Progress Reporting Criterion Number and Topic 2.2 Approvals, Licenses, Certificates of Inspection Implementation Status of Requirements or Corrective Action Plan Determined to be Substantially Implemented Method(s) of Verification Documentation Review Corrective Action Plan Determined to be Not Fully Implemented or Additional Issues Identified 18.04(1); 28.09(2)(b)(5); 28.09(5) (b); 28.09(6) (b, c) 2.3 EEC Licensure Comments Regarding Corrective Action Plan Implementation NA Mercy Centre submitted current copies of all appropriate approvals, licenses, and certificates of inspection for the school building. Mercy Centre is a day school. 102 CMR 3.00 (Residential Schools only) 8.4 Program Modifications and Support Services for Limited English Proficient Students M.G.L. c. 71A; Title VI Documentation Review Mercy Centre submitted a written plan that addresses how the program will effectively serve limited English proficient (LEP) students. The written plan includes all required elements. Mercy Centre Mid-cycle Review Report December 30, 2009 Page 2 of 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 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 Documentation Review Mercy Centre submitted a current IEP and student roster for all publicly funded Massachusetts students enrolled in the program that contains all the required elements for this criterion. Documentation Review The person designated by Mercy Centre to serve as the Educational Administrator is appropriately qualified and licensed. 8.5 Current IEP & Student Roster 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 A review of documentation indicates that one of the four teachers at Mercy Centre is not currently licensed as a special education teacher nor has an approved waiver to be serving in the position of special Mercy Centre must submit to the Department by February 5, 2010 evidence that all teachers are appropriately licensed or waivered. 28.09(5)(a) 11.3 Educational Administrator Qualifications Comments Regarding Corrective Action Plan Implementation 28.09(5)(a); 28.09(7)(a); 603 CMR 44.00 11.4 Teachers (Special Education Teachers and Regular Education Teachers) Mercy Centre Mid-cycle Review Report December 30, 2009 Page 3 of 17 Criterion Number and Topic Implementation Status of Requirements or Corrective Action Plan Determined to be Substantially Implemented Method(s) of Verification Comments Regarding Corrective Action Plan Implementation Corrective Action Plan Determined to be Not Fully Implemented or Additional Issues Identified Further Corrective Action Ordered by the Department of Elementary and Secondary Education and Timelines for Implementation and Further Progress Reporting education teacher. Additionally, the program has one teacher who is licensed as a physical education teacher but does not have a license as a special education teacher. This teacher has been reported under UFR 115 as a special education teacher. 18.05(11)(f); 28.09(5)(a); 28.09(7)(b, c); 34 CFR 300.321 11.5 Related Services Staff 28.09(7)(d) 11.6 Master Staff Roster Findings Regarding Incomplete Implementation of Approved Corrective Action Plan or Identification of Additional Issues of Noncompliance Documentation Review Mercy Centre submitted a Master Staff Roster including all required elements. 28.09(7) Mercy Centre Mid-cycle Review Report December 30, 2009 Page 4 of 17 A review of documentation indicates that the speech language pathologist assistant at Mercy Centre is not licensed. . Mercy Centre must submit to the Department by February 5, 2010 evidence that the speech language pathologist assistant is appropriately licensed. Criterion Number and Topic Implementation Status of Requirements or Corrective Action Plan Determined to be Substantially Implemented Method(s) of Verification Comments Regarding Corrective Action Plan Implementation Corrective Action Plan Determined to be Not Fully Implemented or Additional Issues Identified Findings Regarding Incomplete Implementation of Approved Corrective Action Plan or Identification of Additional Issues of Noncompliance Identified Areas of Non-Compliance During the 2007 Program Review or Other Areas of Concern 3.1 Policies & Procedures Manual Table of Contents 28.09(11)(b) (Includes elements from former Criterion 3.1(a) and 5.1) 3.1(a) Contents Section 504: 29 U.S.C. 794; 34 CFR 104.11104.14; Title II: 42 U.S.C. 12132; 28 CFR 35.140; Mass. Const. amend. art 114 *As of the 2009-2010 academic year, the Department is no longer monitoring this criterion. *As of the 2007-2008 academic year, the requirements regarding the contents of the policy and procedures manual are incorporated into Criterion 3.1. Additionally, as of the 2009-2010 academic year, the Department is no longer monitoring Criterion 3.1. Mercy Centre Mid-cycle Review Report December 30, 2009 Page 5 of 17 Further Corrective Action Ordered by the Department of Elementary and Secondary Education and Timelines for Implementation and Further Progress Reporting Criterion Number and Topic Implementation Status of Requirements or Corrective Action Plan Determined to be Substantially Implemented Method(s) of Verification Comments Regarding Corrective Action Plan Implementation Corrective Action Plan Determined to be Not Fully Implemented or Additional Issues Identified 3.2 Health Care Manual 18.05(9) *As of the 2009-2010 academic year, the Department is no longer monitoring this criterion. 4.5 Immediate Notification 18.03(10); 18.05(7); 28.09(12) (a, b) Documentation Review Mercy Centre submitted a copy of the written procedures describing how it notifies all appropriate parties of serious incidents within the program that now includes written notification to the Department of Elementary and Secondary Education in the event of a motor vehicle accident. 5.1 Student Admissions 28.09(11); 18.05(1)(b)(117); 18.05(2); 18.05(3)(c) Documentation Review Mercy Centre submitted a copy of the written admissions policy that now includes the policy and procedures describing how copies of its policies and procedures are provided to the student (if applicable), parents, and the Mercy Centre Mid-cycle Review Report December 30, 2009 Page 6 of 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 Elementary and Secondary Education and Timelines for Implementation and Further Progress Reporting Criterion Number and Topic Implementation Status of Requirements or Corrective Action Plan Determined to be Substantially Implemented Method(s) of Verification Comments Regarding Corrective Action Plan Implementation Corrective Action Plan Determined to be Not Fully Implemented or Additional Issues Identified placing school district prior to admission of the student. 6.1(a) Physical Education Requirements M.G.L. c. 71, §3 7.2 Staff Training 28.09 (9)(b) 8.7 IEP Implementatio n 28.09 Documentation Review and Interview Mercy Centre submitted evidence that indicates all students are now receiving adaptive physical education as required on their IEPs. *As of the 2007-2008 academic year, Criterion 7.2 is reserved and the content of the criterion has been edited and moved to Criterion 12.2, Staff Training. *As of the 2007-2008 academic year, Criterion 8.7 is reserved and the content of the criterion has been deleted. Information regarding physical education services is incorporated into Criterion 6.1a. Mercy Centre Mid-cycle Review Report December 30, 2009 Page 7 of 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 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 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 Mercy Centre submitted a copy of its means of documenting the use of the time-out space. This documentation does not include all of the elements required. Information relative to who approved the procedure was not included in the documentation. Mercy Centre must submit to the Department by February 5, 2010 a copy of its new documentation forms, which include all required elements. 9.1 Polices and Procedure for Behavior Management 18.03(7)(b)(2); 18.05(5, 6, 7); 28.09(11); 603 CMR 46.00; ESE Advisory on Restraint in Special Education Programs dated 12/20/05 9.1(a) Student Separation Resulting from Behavior Management 18.05(5)(i); 18.05(6, 7); 46.02(5)(b) Comments Regarding Corrective Action Plan Implementation *As of the 2007-2008 academic year, the requirements regarding staff training related to discipline and behavior management policy and procedures are incorporated into Criterion 12.2, In-service Training Plan and Calendar. Observation and Documentation Review Observation of the time-out room at Mercy Centre indicates that the space used for time-out no longer has safety hazards. Mercy Centre Mid-cycle Review Report December 30, 2009 Page 8 of 17 Criterion Number and Topic Implementation Status of Requirements or Corrective Action Plan Determined to be Substantially Implemented Method(s) of Verification Comments Regarding Corrective Action Plan Implementation Corrective Action Plan Determined to be Not Fully Implemented or Additional Issues Identified 9.3 Runaway Students 18.03(10) *As of the 2007-2008 academic year, the requirements regarding staff training related to the runaway policy and procedures are incorporated into Criterion 12.2, In-service Training Plan and Calendar. Additionally as of the 20092010 academic yea the Department is no longer monitoring Criterion 9.3. 10.2 Age Range 28.06(6)(f, g) Documentation Review Mercy Centre submitted block schedules for each classroom and every period indicating that now the ages of the youngest and oldest child in any instructional grouping does not differ by more that forty-eight months. 11.1 Personnel Policies and Procedures Documentation Review and Personnel Record Review Mercy Centre submitted its Personnel Policy and Procedures Manual that now includes all required elements Mercy Centre Mid-cycle Review Report December 30, 2009 Page 9 of 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 Elementary and Secondary Education and Timelines for Implementation and Further Progress Reporting Criterion Number and Topic Manual 18.05(11); 18.05(11)(c)(1); 28.09(7); 28.09(11)(a); M.G.L. c. 71, § 38R; ESE Advisory on CORI revised 5/7/07 (Includes former Criterion 12.2i) 11.13 Plan for Staff Coverage 18.03(1)(b)4 Implementation Status of Requirements or Corrective Action Plan Determined to be Substantially Implemented Method(s) of Verification Comments Regarding Corrective Action Plan Implementation Corrective Action Plan Determined to be Not Fully Implemented or Additional Issues Identified of this criterion. The school’s CORI policy has been updated to include all required elements. A plan for using volunteer and interns has been added, and all staff have current annual evaluations. *As of the 2007-2008 academic year, the requirements of Criterion 11.13 are incorporated into 11.11. Additionally, as of the 2009-2010 academic year, the Department is no longer monitoring Criterion 11.11. Mercy Centre Mid-cycle Review Report December 30, 2009 Page 10 of 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 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 12.1 New Staff Orientation and Training 18.05(11)(g, i); 28.09(7)(f) Documentation Review and Personnel Record Review 12.2 In-Service Training Plan and Calendar 28.09(7)(f); 28.09(9)(b); 28.09(10); 18.03(3); 18.05(9)(e)(1); 18.05(10); 18.05(11)(h) Title VI: 42 U.S.C. 2000d; Documentation Review and Personnel Record Review Comments Regarding Corrective Action Plan Implementation Corrective Action Plan Determined to be Not Fully Implemented or Additional Issues Identified Mercy Centre Mid-cycle Review Report December 30, 2009 Page 11 of 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 Elementary and Secondary Education and Timelines for Implementation and Further Progress Reporting Review of in-service training records for new staff indicates that the school does not provide Civil Rights training for staff. The program’s current practice is to have staff read the program’s policies related to Civil Rights and to sign a declaration that they have read the assigned materials. Mercy Centre must submit evidence to the Department by February 5, 2010 that it has provided a Civil Rights training for all new staff relative to discrimination and harassment. Mercy Centre submitted its training calendar, attendance sign-in sheets, and a list of trainings attended by each staff person indicating that all required trainings except Civil Rights training have been provided. A copy of the school’s policy and tracking of trainings for volunteers and interns was provided. The training Mercy Centre must submit evidence to the Department by February 5, 2010 that it has provided a Civil Rights training for all staff relative to discrimination and harassment. Criterion Number and Topic Implementation Status of Requirements or Corrective Action Plan Determined to be Substantially Implemented Method(s) of Verification Comments Regarding Corrective Action Plan Implementation Corrective Action Plan Determined to be Not Fully Implemented or Additional Issues Identified calendar indicates that currently the school does not provide Civil Rights training for staff. Instead, staff are directed to read the program’s policies related to Civil Rights and to sign a declaration that they have read the assigned materials. 34 CFR 100.3; EEOA: 20 U.S.C. 1703(f); Title IX: 20 U.S.C. 1681; 34 CFR 106.31-106.42; M.G.L. c. 76, § 5; 603 CMR 26.00, esp. 26.07(2, 3) (Includes Criterion 12.2a, 12.2-b, 12.2d, and 12.2-e) 12.2 (a) Details Behavior Management and Restraint Training 28.09(11), 18.05(5) Findings Regarding Incomplete Implementation of Approved Corrective Action Plan or Identification of Additional Issues of Noncompliance *As of the 2007-2008 academic year, the Department is no longer monitoring the requirements of Criterion 12.2a. The training requirement of this criterion is incorporated into Criterion 12.2. Mercy Centre Mid-cycle Review Report December 30, 2009 Page 12 of 17 Further Corrective Action Ordered by the Department of Elementary and Secondary Education and Timelines for Implementation and Further Progress Reporting Criterion Number and Topic 12.2 (b) Child Abuse Reporting 18.05(9)(j) 12.2(g) Interns and Volunteers Training 18.05(11)(i) 12.2 (i) Staff Evaluations 18.05(11)(c)1 13.8 Indoor Space 18.04(7)(a) Implementation Status of Requirements or Corrective Action Plan Determined to be Substantially Implemented Method(s) of Verification Comments Regarding Corrective Action Plan Implementation Corrective Action Plan Determined to be Not Fully Implemented or Additional Issues Identified *As of the 2007-2008 academic year, the details about training regarding Child Abuse Reporting has been incorporated into Criterion 12.2. See 3.1(c) for policy requirements in this regard. *As of the 2007-2008 academic year, the training requirements of interns and volunteers are incorporated into 12.1 and 12.2. *As of the 2007-2008 academic year, the elements of Criterion 12.2(i) are incorporated into Criterion 11.1. *As of the 2007-2008 academic year, the elements of Criterion 13.8 are Mercy Centre Mid-cycle Review Report December 30, 2009 Page 13 of 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 Elementary and Secondary Education and Timelines for Implementation and Further Progress Reporting Criterion Number and Topic Implementation Status of Requirements or Corrective Action Plan Determined to be Substantially Implemented Method(s) of Verification Comments Regarding Corrective Action Plan Implementation Corrective Action Plan Determined to be Not Fully Implemented or Additional Issues Identified incorporated into Criterion 13.2. Requirements regarding time out rooms has been incorporated into Criterion 9.1(a). 14.3 Toileting Procedures and Individual Plans 18.03(8) *As of the 2007-2008 academic year, the Department is no longer monitoring this criterion. 15.2 Orientation Procedures 28.09(11) 15.8 Registering Complaints and Grievances – Parents, Students and Employees 18.05(1)(b)(16) Title IX: 20 *As of the 2007-2008 academic year, Criterion number 15.2 has been deleted. Documentation Review Mercy Centre submitted written procedures for registering complaints and grievances for parents, students, and employees that now includes all required elements of this criterion. Mercy Centre Mid-cycle Review Report December 30, 2009 Page 14 of 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 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 Corrective Action Plan Determined to be Not Fully Implemented or Additional Issues Identified 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 16.1 Health care Policy and Procedure Manual 18.05(9)(d) 18.05(9)(c) 16.4 Emergency First Aid and Medical Treatment 18.05(9)(e, f) 16.5 Administration of Medication Comments Regarding Corrective Action Plan Implementation *As of the 2007-2008 academic year, the elements of Criterion 16.1 are incorporated into Criterion 3.2. Additionally, as of the 2009-2010 academic year, the Department is no longer monitoring Criterion 3.2. Documentation Review Documentation Review Mercy Centre submitted its policy and procedures for emergency first aid and medical treatment that now includes all required elements of this criterion. Mercy Centre submitted its policy and procedures for the administration of medication Mercy Centre Mid-cycle Review Report December 30, 2009 Page 15 of 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 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 that now includes all required elements of this criterion. 18.05(9)(f)(8) 16.6 Administration of Antipsychotic Medication 18.05(9)(f)(9) Documentation Review Mercy Centre submitted its policy and procedures for the administration of antipsychotic medication that now includes all required elements of this criterion. 16.7 Preventive Health Care 18.05(9)(g) M.G.L. c. 71, § 57 M.G.L. c. 111, § 111. Documentation Review Mercy Centre submitted its plan for the preventive health care of students that now includes appropriate procedures for communicable disease notification and prevention. 17.1 Transportation Safety 28.09(11)(b) Corrective Action Plan Determined to be Not Fully Implemented or Additional Issues Identified *As of the 2007-2008 academic year, the requirements regarding the training of staff persons have been incorporated into Criterion 12.2. The requirements regarding the Mercy Centre Mid-cycle Review Report December 30, 2009 Page 16 of 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 Elementary and Secondary Education and Timelines for Implementation and Further Progress Reporting Criterion Number and Topic Implementation Status of Requirements or Corrective Action Plan Determined to be Substantially Implemented Method(s) of Verification Comments Regarding Corrective Action Plan Implementation Corrective Action Plan Determined to be Not Fully Implemented or Additional Issues Identified notification of accidents to the Department are incorporated into Criterion 4.5 Mercy Centre Mid-cycle Review Report December 30, 2009 Page 17 of 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 Elementary and Secondary Education and Timelines for Implementation and Further Progress Reporting