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 November 22, 2006 Audrey Macmillan, Program Director Protestant Guild, Inc. The Learning Center 411 Waverly Oaks Road Waltham, MA 02452 Re: Onsite Follow-up Monitoring Report: Program Review Corrective Action Plan Verification and Mid-cycle Review Dear Ms. Macmillan: Enclosed is the Department's Program Review Follow-up Monitoring Report together with findings regarding your private school’s Mid-Cycle Program Review. This report contains the Department's findings based on the onsite activities conducted in your school to verify the implementation status and effectiveness of corrective steps taken in response to your Program Review Report issued on November 15, 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 most 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 May 22, 2007. The reasons for the “Provisional Approval” are clearly indicated on the attached Corrective Action Plan Implementation Checklist. As the Department previously informed you, in cases where a private school fails to fully and effectively implement a Corrective Action Plan which was proposed by your school and approved by the Department, the Department must then prepare a Corrective Action Plan for the school which must be implemented without further delay. You will find these requirements for corrective action and further progress reporting included in the attached report together with any steps that must be taken by the school to fully implement new special education requirements. The Protestant Guild Learning Center Program Review Mid-cycle Report November 22, 2006 Page 1 of 2 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 December 8, 2006. 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 Private School Approval Certificate, Expiration Date: May 22, 2007 2 MASSACHUSETTS DEPARTMENT OF EDUCATION PRIVATE SCHOOL MID-CYCLE PROGRAM REVIEW Protestant Guild, Inc. The Learning Center Day and Residential Programs ONSITE VERIFICATION OF CORRECTIVE ACTION PLAN IMPLEMENTATION AND/OR IDENTIFICATION OF ADDITIONAL FINDINGS REQUIRING CORRECTIVE ACTION Action Plan Submitted on February 8, 2005 Progress Reports Submitted on August 30, 2005, and October 26, 2005 Onsite Visit Conducted on October 10, 2006 Date of this Report November 22, 2006 Criterion Number and Topic Implementation Status of Requirements or Corrective Action Plan Determined to be Substantially Implemented Method(s) of Verification Comments Regarding Corrective Action Plan Implementation 1.3 (NOW 7.1) Program’s Curriculum 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 7.1 Documentation review Documentation review The Learning Center has current approvals, licenses, and certificates of inspection 28.09(9) 2.2 Approvals, Licenses, The Protestant Guild Learning Center Program Review Mid-cycle Report November 22, 2006 Page 1 of 21 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 Verification Comments Regarding Corrective Action Plan Implementation Certificates of Inspection 28.09 (2)(b)4-5 28.09(5) 28.09(6) 18.04(1) for the day and residential programs as required. 102 CMR 3.06 (4)(b) 2.3 DEEC Licensure (Not Applicable to Day Schools) 3.2 Health Care Manual Corrective Action Plan Determined to be Not Fully Implemented or Additional Issues Identified Documentation review The Learning Center residential program has a current full license from the Department of Early Education and Care for all seven residences. Documentation review The Learning Center has a complete health care manual, which has been approved by a licensed physician. 18.05 (9)(d) 2 Findings Regarding Incomplete Implementation of Approved Corrective Action Plan or Identification of Additional Issues of Noncompliance Further Corrective Action Ordered by the Department of Education and Timelines for Implementation and Further Progress Reporting Criterion Number and Topic Implementation Status of Requirements or Corrective Action Plan Determined to be Substantially Implemented Method(s) of Verification Comments Regarding Corrective Action Plan Implementation 4.4 Advanced Notice of Program/ Facility Change 28.09(5)(c) 4.5 Immediate Notification 18.03(10) 18.05(7) 28.09(12) Corrective Action Plan Determined to be Not Fully Implemented or Additional Issues Identified Documentation review The Learning Center has developed and implements procedures for notifying the Department of all substantial changes to the school. Documentation review, Interviews A review of form 2’s and interviews with staff revealed that the Learning Center now notifies the Department of all required incidents including the hospitalization of a student for any physical injury at school or any previously unidentified illness, as well as any accidents or disorders that occur while the student is enrolled in the program. 3 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 Verification Comments Regarding Corrective Action Plan Implementation 5.2 (Formerly 5.3) Policies and Procedures for Coordination/ Collaboration with Public School Districts & Content requirements policies/procedures for Coordination/ Collaboration with Public School Districts Corrective Action Plan Determined to be Not Fully Implemented or Additional Issues Identified Documentation review, Student record review The Learning Center has policies and procedures for coordination and collaboration with Public School Districts, which have been approved by the Department. The Learning Center now has current contracts for each student as required. 28.06(2-3) 28.09(9)(c)&(d) 28.09(2)(b)7 Federal Regulations: 300.349 and 300.400-.401 4 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 Verification Comments Regarding Corrective Action Plan Implementation 6.1 Daily Instructional Hours Documentation review The Learning Center provides an average of at least five and a half hours of instruction each school day for all students. Documentation review The Learning Center has a policy and procedure for verifying any hours a student works during the school day. Documentation review, Interviews The Learning Center does accept students of kindergarten age but they do not set a separate school year and school day. 603 C.M.R. 27.00 6.2 School-to-work (Instructional hours) 603 CMR 27.02, 27.04 6.3 Kindergarten (Instructional hours) Corrective Action Plan Determined to be Not Fully Implemented or Additional Issues Identified 603 CMR 27.03(5) 5 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 Verification Comments Regarding Corrective Action Plan Implementation 6.4 School Days per Year Documentation review The Learning Center has submitted a school calendar that includes a minimum of 216 school days per year as required. Documentation review, Interviews The Learning Center policy states that it does not release high school seniors from school prior to the end of the school year. Documentation review, Interviews, Student record review, Personnel record review The Learning Center has taken steps to provide all students with essential learning opportunities to prepare them to reach the state graduation standards. The Learning Center utilizes a curriculum called the Functional Assessment and Curriculum Tool (FACT), which is utilized by teaching staff to develop lessons and is updated regularly. 28.09(9) 6.5 Early Release of High School Seniors Not Applicable 603 CMR 27.05 7.1 Curriculum Frameworks 28.09(9)(b) Corrective Action Plan Determined to be Not Fully Implemented or Additional Issues Identified 6 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 Verification Comments Regarding Corrective Action Plan Implementation 7.3 State/District Wide Assessments Documentation review The Learning Center has a policy and procedure for administering state/district wide assessments. The Learning Center has provided a list of all students scheduled to take the MCAS. Documentation review The Learning Center has a current IEP and student roster for all students that includes all required elements. Documentation review, Student record review The Learning Center now has a system in place for ensuring appropriate parties receive copies of IEP progress reports. Progress reports are also maintained in each student’s record, and include the date sent. 28.09(9)(d) 8.4 Current IEP & Student Roster 28.09 8.8 IEPProgress reports 28.07(3) 20 U.S.C. Chapter 33, Section 1414(d)(1)(A)(v iii) Corrective Action Plan Determined to be Not Fully Implemented or Additional Issues Identified IDEA Regulations 300.347 7 Findings Regarding Incomplete Implementation of Approved Corrective Action Plan or Identification of Additional Issues of Noncompliance Further Corrective Action Ordered by the Department of 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 8.9 IEP- Revisions and Changes 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 Documentation review The Learning Center has a complete policy and procedure for IEP revisions and changes. Documentation review, Interviews The Learning Center ensures that instructional groupings do not exceed 8 students to one certified teacher without and aide. 34 CFR 300 10.1 Student: Teacher Ratios 28.06(6)(d)&(g) 28.09(7)(e) 10.2 Age Range Documentation review, Interviews 28.06(6)(f) 8 Interviews and a review of the documentation revealed that the student teacher ratios varied significantly from class to class. The Learning Center must document how ratios are determined throughout all classes by January 15, 2007. Based on interviews and documentation review, the Learning Center continues to have instructional groupings that exceed forty-eight months in seven out of twelve classrooms and has not obtained a waiver to exceed the age span requirements. The Learning Center must submit a plan to ensure compliance with an age span that does not exceed 48 months in all classes by January 15, 2007. Criterion Number and Topic Implementation Status of Requirements or Corrective Action Plan Determined to be Substantially Implemented Method(s) of Verification Comments Regarding Corrective Action Plan Implementation 28.09(7) 18.01(2) 11.1 Personnel Policies Documentation review The Learning Center continues to have a written personnel policy and procedure manual that includes all required elements. Documentation review The Learning Center has an Educational Administrator who is appropriately qualified and ensures that the services specified in each student’s IEP are delivered. 28.09(7) 28.09(11)(a) 18.05(11) 11.3 Educational Administrator Qualifications 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, Interviews 10.4 Student: Child Care Ratios Corrective Action Plan Determined to be Not Fully Implemented or Additional Issues Identified 28.09(7)(a) 603 CMR 44.00 and 44.04 9 A review of the documentation revealed that the student: child care ratios varied significantly from residence to residence. The Learning Center must document how ratios are determined throughout all residences by January 15, 2007. Criterion Number and Topic Implementation Status of Requirements or Corrective Action Plan Determined to be Substantially Implemented Method(s) of Verification Comments Regarding Corrective Action Plan Implementation 11.4 Teachers Special Education Teachers and Regular Education Teachers 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 Not all Learning Center staff have a teaching license appropriate to meet the needs of the specialized population of the school. Although most of the teachers have a teaching license in education and are enrolled in programs to obtain licensure in special education they are not currently on approved DOE waivers to educate students with special needs. Additionally, the Education Director is ensuring that all students receive the instruction outlined in their IEPs. The Learning Center must update the Department of the progress toward hiring appropriately licensed teaching staff on March 1, 2007, and July 1, 2007. Documentation review 28.09(7)(b)(c) 18.05(11)(f) 10 Criterion Number and Topic Implementation Status of Requirements or Corrective Action Plan Determined to be Substantially Implemented Method(s) of Verification Comments Regarding Corrective Action Plan Implementation Documentation review All current teaching staff at The Learning Center hold initial licenses, and therefore do not require a professional development plan. Documentation review, Interviews The Learning Center related services staff are appropriately licensed or registered by their respective state boards or professional associations. 11.6 Master Staff Roster Documentation review, Interviews The Learning Center has submitted a Master Staff Roster which includes all positions. 28.09(7) 11.7 Job Descriptions 18.05(11)(d) Documentation review, Interviews The Learning Center maintains job descriptions for all staff. 11.4(a) Professional Development Plans 28.09(7)(b)(c) 18.05(11)(f) 11.5 Related Services Staff Corrective Action Plan Determined to be Not Fully Implemented or Additional Issues Identified 28.09(7)(d) 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 Implementation Status of Requirements or Corrective Action Plan Determined to be Substantially Implemented Method(s) of Verification Comments Regarding Corrective Action Plan Implementation 11.8 Salary Ranges Documentation review The Learning Center submitted salary ranges for all staff positions. Documentation review, Interviews The Learning Center submitted an organizational chart and a description of the lines of staff supervision within the school. Documentation review, Observations The Learning Center has developed guidelines for the supervision of all students within the school and the community appropriate for the student population. 18.05(11)(e) 11.9 Organizational Structure 28.09(7) 28.07(c) 11.11 Supervision of Students 28.09(7) Corrective Action Plan Determined to be Not Fully Implemented or Additional Issues Identified 12 Findings Regarding Incomplete Implementation of Approved Corrective Action Plan or Identification of Additional Issues of Noncompliance Further Corrective Action Ordered by the Department of 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 11.12 Accessibility of Extracurricular Activities Corrective Action Plan Determined to be Not Fully Implemented or Additional Issues Identified Documentation review, Interviews The Learning Center 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 13 Findings Regarding Incomplete Implementation of Approved Corrective Action Plan or Identification of Additional Issues of Noncompliance Further Corrective Action Ordered by the Department of 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 12.2 Annual InService Training Plan and Calendar Corrective Action Plan Determined to be Not Fully Implemented or Additional Issues Identified Further Corrective Action Ordered by the Department of Education and Timelines for Implementation and Further Progress Reporting Personnel record review, Documentation review 28.09(7)(f) 18.05(11)(h) 12.2(i) Staff Evaluations Findings Regarding Incomplete Implementation of Approved Corrective Action Plan or Identification of Additional Issues of Noncompliance Personnel record review, Interviews 18.05(11)(c)1. 14 Personnel record review revealed that not all staff receive all of the required annual trainings, and parttime staff are receiving only half the required number of hours of annual training. This includes curriculum frameworks training for residential staff. The Learning Center must identify any current staff that have not received the required annual trainings and provide them with all trainings by March 1, 2007. Personnel record review and staff interviews revealed that The Learning Center has not consistently evaluated all staff on an annual basis as stated in their personnel policy. The Learning Center must develop a plan to ensure that all staff have received an annual evaluation according to the school’s policy and submit it to the Department by January 15, 2007. The Learning Center must submit a chart to the Department that shows all staff has received retraining by April 1, 2007. Criterion Number and Topic Implementation Status of Requirements or Corrective Action Plan Determined to be Substantially Implemented Method(s) of Verification Comments Regarding Corrective Action Plan Implementation 13.1 Educational Facilities and Materials 28.09(8) Corrective Action Plan Determined to be Not Fully Implemented or Additional Issues Identified Interviews, Documentation review, Observations The Learning Center has increased the availability of computers available for staff and student use. There are now computers in every classroom and in common areas for staff use. The school constructed a Media Lab, which accommodates ten individual computers. 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 Implementation Status of Requirements or Corrective Action Plan Determined to be Substantially Implemented Method(s) of Verification Comments Regarding Corrective Action Plan Implementation 13.3 Comparability of Facilities Corrective Action Plan Determined to be Not Fully Implemented or Additional Issues Identified Interviews, Observations, Documentation review The Learning Center 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) 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 Verification Comments Regarding Corrective Action Plan Implementation 13.7 (Formerly 13.6) Library/ Resource Room Corrective Action Plan Determined to be Not Fully Implemented or Additional Issues Identified Interviews, Observations, Documentation review The Learning Center now has a library with educational materials appropriate to the ages, interests and needs of students. 18.04(6)(b) 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 Criterion Number and Topic Implementation Status of Requirements or Corrective Action Plan Determined to be Substantially Implemented Method(s) of Verification Comments Regarding Corrective Action Plan Implementation 15.1 Parental Involvement and Parents’ Advisory Group Interviews, Documentation review The Learning Center has a Parents’ Advisory Group that advises the school on the education, health, and safety of the students. Interviews, Documentation review The Learning Center has provided copies of translated announcements and notices. The Learning Center has a person responsible for monitoring and distribution of translated documents. 18.05(4)(a) 15.3 Information to be translated into Languages other than English Corrective Action Plan Determined to be Not Fully Implemented or Additional Issues Identified Title VI; EEOA: 20 U.S.C. 1703(f); M.G.L. c. 76, s. 5; 603 CMR 26.02(2) 18 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 Verification 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 Interviews, Student record review The Learning Center has signed consents for all students which include emergency medical care, medications, restraints, publicity, research, and evaluation, field trips, and in coordination with responsible school districts, the Parental Notification Law pursuant to Chapter 71, Section 32A concerning curriculum that primarily involves human sexual education or human sexuality issues in the student file which are obtained annually. 19 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 Verification Comments Regarding Corrective Action Plan Implementation 15.8 Registering Complaints Documentation review The Learning Center has an approved policy for registering complaints and grievances. Documentation review The Learning Center has an approved policy and procedure for Meningococcal Disease and Vaccination. 18.05(1)(b)16 Title IX: 20 U.S.C. 1681; 34 CFR 106.8; Section 504: 29 U.S.C. 794; 34 CFR 104.7; Title II: 42 U.S.C. 12132; 28 CFR 35.107; NCLB: Title X, Part C, Sec. 722(g)(1)(J)(ii) 16.10 Meningococcal Disease and Vaccination Corrective Action Plan Determined to be Not Fully Implemented or Additional Issues Identified MGL, Chapter 76, s.15D 105 CMR 220.700 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 Verification Comments Regarding Corrective Action Plan Implementation 18.2 Student Records 28.09(10) MGL c. 71, s. 34H 603 CMR 23.00 Corrective Action Plan Determined to be Not Fully Implemented or Additional Issues Identified Student record review The Learning Center maintains students records that meet all state and federal regulations. Family Educational Rights and Privacy Act (FERPA) 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