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
October 8, 2009
Mr. Jack McDonald
Executive Director
New England Pediatric Care
78 Boston Road
Billerica, MA 01862
Re:
Mid-cycle Review and Verification of Previous Program Review Corrective Action Plan
Dear Mr. McDonald:
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 9, 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.
We are pleased to indicate that the Department of Elementary and Secondary Education has
found your program’s approved Corrective Action Plan to be substantially implemented and
effective in remedying previously identified noncompliance issues. Additionally, we have
determined that your program is in substantial compliance with any new state or federal special
education requirements enacted since your last Program Review. The findings of the Department
are included in the attached Mid-cycle Review Report. You and your entire staff are to be
congratulated for your efforts in implementing all necessary improvements. Your program will
now receive an updated status of “Full Approval.” This approval shall remain in effect for three
(3) years from the date of this letter and attached approval certificate. This approval will be
contingent upon continued compliance with all regulations contained within 603 CMR 28.00
“Special Education Regulations” and 603 CMR 18.00 “Program And Safety Standards For
Approved Public Or Private Day And Residential Special Education School Programs.” The
Department of Elementary and Secondary Education may change this approval status at any point
during this three-year period if circumstances arise that warrant such a change.
Page 1 of 2
The Department will notify you of your program’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 2012, unless the Department determines that
there is some reason to schedule this visit earlier.
Your staff's cooperation throughout these follow-up monitoring activities is appreciated. Should
you require additional clarification of information included in our report, please do not hesitate to
contact the Onsite Team Chairperson at 781-338-3713.
Sincerely,
Helen Murgida, 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
John Moriarty, Educational Director
Ellen Zale, President, Board of Directors
Encl.: Mid-cycle Review Report
Full Private School Approval Certificate, Expiration Date: August 31, 2013
Page 2 of 2
MASSACHUSETTS DEPARTMENT OF
ELEMENTARY AND SECONDARY EDUCATION
PRIVATE SCHOOL MID-CYCLE REVIEW
NEW ENGLAND PEDIATRIC CARE
MID-CYCLE REVIEW REPORT
Previous Program Review Corrective Action Plan Submitted on June 27, 2007 and October 27, 2007
Progress Reports Submitted on June 9, 2008
Mid-cycle Onsite Visit Conducted on September 15, 2009
Date of this Report October 8, 2009
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

Selected Approved Private School Program Mid-cycle Review Criteria
New England Pediatric Care Mid-cycle Review Report
October 8, 2009
Page 1 of 9
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
Verifica-tion
Comments Regarding
Corrective Action Plan
Implementation
Corrective
Action Plan
Determined
to be Not
Fully
Implemented or
Additional
Issues
Identified

Documentation
New England Pediatric Care
maintains current approvals,
licenses, and certificates of
inspections as required by
local and state authorities.
18.04(1);
28.09(2)(b)(5);
28.09(5) (b);
28.09(6) (b, c)
2.3 EEC
Licensure
Not Applicable
New England Pediatric Care is
approved as a Day School
program and therefore this
requirement is not applicable.
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
New England Pediatric Care
has a written plan to
implement necessary program
modifications and support
services to identify and
effectively serve limited
English proficient students
that includes the elements as
required by the Department.
New England Pediatric Care Mid-cycle Review Report
October 8, 2009
Page 2 of 9
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
8.5 Current
IEP & Student
Roster
28.09(5)(a)
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
Student
Record Review
Interviews
At the time of the June 9,
2007 Program Review, New
England Pediatric Care had a
significant number of IEPs
that were not consented to by
parents. While record review
at that time indicated that New
England Pediatric Care sent
letters to the districts
requesting the signed
signature page, many of the
IEPs were unsigned for
several months.
As a result of the
Department’s finding in this
regard, New England Pediatric
Care developed a policy to
review IEP signatures every
90 days. New England
Pediatric Care successfully
implemented that policy, and
the Department now finds that
this requirement is now
implemented.
New England Pediatric Care Mid-cycle Review Report
October 8, 2009
Page 3 of 9
Findings Regarding
Incomplete
Implementation of
Approved Corrective
Action Plan or
Identification of
Additional Issues of
Noncompliance
Further Corrective Action
Ordered by the
Department of Elementary
and Secondary Education
and Timelines for
Implementation and Further
Progress Reporting
Criterion
Number
and
Topic
11.3
Educational
Administrator
Qualifications
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
28.09(5)(a);
28.09(7)(a);
603 CMR
44.00
New England Pediatric Care
has designated a staff member
as the Educational
Administrator who supervises
the provision of special
education services in the
program and ensures that the
services specified in each
student’s IEP are delivered.
This staff member meets the
qualifications to serve as the
Educational Administrator.
The Educational
Administrator now has a
Professional Development
Plan approved by his
supervisor.

11.4 Teachers
(Special
Education
Teachers and
Regular
Education
Teachers)
Documentation
New England Pediatric Care
documented that all teaching
staff now have a current
teaching license or are on an
approved waiver issued by the
Department to serve in a
teaching role.
New England Pediatric Care Mid-cycle Review Report
October 8, 2009
Page 4 of 9
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
Verifica-tion
Comments Regarding
Corrective Action Plan
Implementation

Corrective
Action Plan
Determined
to be Not
Fully
Implemented or
Additional
Issues
Identified

18.05(11)(f);
28.09(5)(a);
28.09(7)(b, c);
34 CFR
300.321
11.5 Related
Services Staff
Documentation
New England Pediatric Care
submitted documentation that
all staff providing or
supervising the provision of
related services are
appropriately certified,
licensed or registered in their
professional area.
Documentation
Interviews
New England Pediatric Care
maintains a master list of all
staff for every position within
the program. The staff
positions correspond to the
last ESE approved Program
Budget, and includes job titles
along with their corresponding
Uniform Financial Report
(UFR) title numbers and fulltime equivalents (FTE’s).

28.09(7)(d)
11.6 Master
Staff Roster
28.09(7)

New England Pediatric Care Mid-cycle Review Report
October 8, 2009
Page 5 of 9
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
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 Elementary
and Secondary Education
and Timelines for
Implementation and Further
Progress Reporting

Identified Areas of Non-Compliance During the 2007 Program Review or Other Areas of Concern
10.1 Staffing
for
Instructional
Groupings

Documentation
Interviews
Observations
New England Pediatric Care
was approved for five
additional Direct Care Staff in
their 2007 request for
Extraordinary Relief and now
maintains their approved ratios
of 1 teacher and 3 aides for
every 6 students.

Documentation
Interviews
On September 11, 2009 New
England Pediatric Care
requested and received
approval from the Department
for Alternative Compliance
Waivers for two instructional
groupings that exceeded fortyeight months.
Documentation
Interviews
Job descriptions and the
organizational chart now
specify that the Educational
Administrator and the
Associate Executive Director
each have specific oversight of
28.06(6)(d);
28.09(7)(e)
10.2 Age
Range
28.06(6)(f,g)
11.2
Administrative
Responsibility
18.95(11)(a,b)

New England Pediatric Care Mid-cycle Review Report
October 8, 2009
Page 6 of 9
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

the school.
12.1
New Staff
Orientation
and Training

Documentation
Interviews
Personnel
Records
New England Pediatric Care
has an orientation plan that
now specifies what trainings
are provided including all
Department mandated
trainings.
Documentation
Interviews
Personnel
Records
New England Pediatric Care
now ensures that all staff
receive the required in-service
training topics annually based
on their position in the school.
All staff now receive training
on emergency procedures
including evacuation drills and
emergency drills as required.
Teaching staff now receive
training on how the learning
standards of the Massachusetts
Curriculum Frameworks are
incorporated into the
program’s instruction as
required. Appropriate staff
now receive training on CPR
18.05(11)(g,i);
28.09(7)(f)
12.2 In-Service
Training Plan
and Calendar
(formerly 7.2)
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;CFR
100.3;
EEOA:20

New England Pediatric Care Mid-cycle Review Report
October 8, 2009
Page 7 of 9
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
Verifica-tion
Comments Regarding
Corrective Action Plan
Implementation


and basic first aid as required.
U.S.C.
1703(f); Title
IX:20
U.S.C.:;1681:
34CFR
106,31-106.42:
M.G.L. c.76 §
5;
603 CMR
26.00, esp.
26.07(2,3)
12.2 (c)
Required
Training- CPR
Certification
Corrective
Action Plan
Determined
to be Not
Fully
Implemented or
Additional
Issues
Identified
Additionally, New England
Pediatric Care now keeps
records of annual required inservice staff training topics in
personnel files.

Documentation
Personnel
Records
New England Pediatric Care
now implements a training
plan for CPR Certification for
all staff that meets the needs
of the student population.

Documentation
Interviews
New England Pediatric Care
submitted documentation that
they now schedule a minimum
of two Parent Advisory Group
(PAG) meetings yearly.
Letters of notification are sent
to all parents and are now
maintained in student records.
18.05(9)(e)
15.1 Parental
Involvement
and Parents’
Advisory
Group
18.05(4)(a)
New England Pediatric Care Mid-cycle Review Report
October 8, 2009
Page 8 of 9
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
15.5 Parent
Consent and
Required
Notification
Implementation Status of
Requirements
or
Corrective
Action Plan
Determined to
be Substantially
Implemented


Method(s) of
Verifica-tion

Corrective
Action Plan
Determined
to be Not
Fully
Implemented or
Additional
Issues
Identified

Documentation
Student
Records
At the time of the June 9,
2007 Program Review, New
England Pediatric Care did not
have current annual consents
for all students as required.
New England Pediatric Care
now follows their plan for
obtaining annual consents for
all students and now maintains
such documentation in student
records.
Documentation
New England Pediatric Care
follows their policy regarding
the administration of
antipsychotic medication that
includes all elements required
by the Department.
18.05(50(c);
18.05(8);
18.05(9)((f)(1);
18.05(9)(j);
M.G.L. c. 71 §
32A
16.6
Administration
of
Antipsychotic
Medication
Comments Regarding
Corrective Action Plan
Implementation
18.05(9)(f)(9)
New England Pediatric Care Mid-cycle Review Report
October 8, 2009
Page 9 of 9
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