Massachusetts Department of Elementary and Secondary Education

advertisement
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
January 4, 2011
Matthew Muratore, Executive Director
Radius Management - Plymouth
Pediatric Day Program
123 South Street
Plymouth, MA 02360
Re:
Mid-cycle Review and Verification of previous Program Review Corrective Action Plan
Dear Mr. Muratore:
Enclosed is the Department of Elementary and Secondary Education’s (“Department”) Mid-cycle
Report based upon the Mid-cycle review conducted in your private school program in September
2010. 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 July 25, 2008. 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 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
April 29, 2011. 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 18,
2011.
Page 1 of 2
Please be advised that the attached Department 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 781-338-3713.
Sincerely,
Helen M. 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
Christine Bassett, Chairperson, Board of Directors
Linda White, Local Program Review Coordinator
Encl.: Mid-cycle Review Report
Provisional Approval Certificate, Expiration Date: April 29, 2011
Page 2 of 2
MASSACHUSETTS DEPARTMENT OF
ELEMENTARY AND SECONDARY EDUCATION
PRIVATE SCHOOL MID-CYCLE REVIEW
RADIUS MANAGEMENT, INC.
PEDIATRIC DAY PROGRAM
MID-CYCLE REVIEW REPORT
Previous Program Review Corrective Action Plan Submitted on September 15, 2008
Progress Reports Submitted on April 8, 2009, May 6, 2009, and June 11, 2009
Mid-cycle Onsite Visit Conducted on September 27, 2010
Date of this Report: January 4, 2011
Selected Approved Private School Program Mid-cycle Review Criteria
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

Radius Management Pediatric Day Program Mid-cycle Review Report
January 4, 2011
Page 1 of 13
Further Corrective Action
Ordered by the
Department of Elementary
and Secondary Education
and Timelines for
Implementation and Further
Progress Reporting
2.3 EEC
Licensure
Not Applicable
Radius Pediatric Day
Program is approved as a
Day School Program and
therefore this criterion is
not applicable.
102 CMR 3.00
(Residential
Schools only)
8.5 Current
IEP & Student
Roster

Documentation
Student
Record Review
28.09(5)(a)
Interviews
11.3
Educational
Administrator
Qualifications
28.09(5)(a);
28.09(7)(a);
603 CMR
44.00

Documentation
The program has on file a
current IEP for each
enrolled Massachusetts
student that has been issued
by the responsible school
district and consented to
and dated by the student’s
parent(s) (or student, when
applicable).
Radius has designated a
staff member as the
Educational Administrator
who meets the
qualifications to serve as
the Educational
Administrator.
At the time of the May
2008 Program Review,
personnel file review
indicated that the
Educational Administrator
did not have supervisory
Radius Management Pediatric Day Program Mid-cycle Review Report
January 4, 2011
Page 2 of 13
approval of her
Professional Development
Plan. She now has
supervisory approval of her
Professional Development
Plan as required.

Documentation
11.4 Teachers
(Special
Education
Teachers and
Regular
Education
Teachers)
Staff
Interviews
Personnel
Records
18.05(11)(f);
28.09(5)(a);
28.09(7)(b, c);
34 CFR
300.321
11.5 Related
Services Staff
The 2008 Program
Review found that one
teacher did not have a
current Massachusetts
license and the program
had not requested a
waiver from the
Department.
Interviews and review
of records from the Midcycle Review indicates
that Radius remains in
non-compliance as a
teacher does not have a
Massachusetts license
or waiver and also
the Physical Education
teacher, who works 10
hours per week, is not
licensed or waivered as
required.

Documentation
Personnel
The related service staff
roster is complete and all
related service providers
Radius Management Pediatric Day Program Mid-cycle Review Report
January 4, 2011
Page 3 of 13
By February 23, 2011, Radius
Pediatric Day Program must
provide appropriate licenses or
waivers for the Classroom
Teacher and the Physical
Education Teacher that shows
that they are qualified to serve
in these positions.
28.09(7)(d)
Records
are now currently licensed
or certified in their
respective areas as
required.
11.6 Master
Staff Roster
Documentation

Radius has submitted a
Master Staff Roster that
indicates that one staff
is functioning as both a
full time classroom
teacher and a full time
administrator.
By February 23, 2011 Radius
must submit an updated master
staff roster that accurately
shows the FTEs for the person
working in these positions,
totaling 1 FTE for this person.
Documentation

Radius submitted an
Anti-Hazing policy but
did not document that it
was distributed yearly
and that it was included
in the student handbook
or other means of
communication as
required.
By February 23, 2011 Radius
must submit evidence that the
Anti-Hazing Policy is
distributed yearly and that it is
included in the student
handbook as required.
28.09(7)
19 Anti-Hazing
M.G.L. c. 269,
§§ 17 through
19
Identified Areas of Non-Compliance During the Program Review or Other Areas of Concern
5.1 Student
Admissions
28.09(11);
18.05(1)(b)(117); 18.05(2)

Documentation
Documentation review
indicated that the
admissions procedures state
that parents and the school
district will be given a copy
of the Policy and
Procedures Manual prior to
Radius Management Pediatric Day Program Mid-cycle Review Report
January 4, 2011
Page 4 of 13
each student’s enrollment
and that the Manual now
includes the following six
items of information that
parents must be given:
1. Contractual obligations
with regard to payment
for services. The school
shall inform in writing
any party, other than a
local school district,
responsible for
placement of a student
that said party is
financially responsible
for any costs incurred
as a result of any
placement not made
pursuant to the
requirements of 603
CMR 28.00;
2. Clothing requirements;
3. Any specific treatment
strategy employed by
the facility;
4. A description of any
normally occurring
religious practices;
5. A description of a
procedure which the
Radius Management Pediatric Day Program Mid-cycle Review Report
January 4, 2011
Page 5 of 13
parents or student may
use to register
complaints regarding
the student's education
and care at the facility;
and,
6. A copy of the approved
calendar.
8.8 IEP –
Progress
Reports

Student
Record Review
State: 28.07(3);
Federal 20
U.S.C.
Chapter 33,
Section
1414(d)(1)(A)(
viii);
34 CFR
300.320(a)(3)(i,
ii)
9.7
Terminations
18.05(7);
28.09(12)(b)

Documentation
Documentation
indicates that student
records include a log
indicating to whom
progress reports are
sent. However, Progress
Reports are not
consistently sent every
quarter.
Radius’ policy and
procedures regarding
terminations now includes
a complete description of
the distinction between
planned and emergency
terminations as required.
Radius Management Pediatric Day Program Mid-cycle Review Report
January 4, 2011
Page 6 of 13
By February 23, 2011, Radius
must submit documentation
including student names and
dates that copies of Term 1
Progress Reports were
distributed to
parents/guardians, responsible
school districts and other state
agencies, if applicable, for
every student.
10.1 Student:
Teacher Ratio
26.06(6)(d);
28.09(7)(e)
11.1 Personnel
Policies and
Procedures

Documentation
Observations
Documentation
Because of the significant
medical and rehabilitative
needs of the students
enrolled at Radius, the
program was approved by
the Department to have a
student to licensed educator
and aide ratio six students
to every one teacher and
two assistant teachers.
Interviews and observation
indicated that ratios are
now consistently
maintained at all times, e.g.
during staff lunch and
break times as required.
Additionally, the program
hired a certified nursing
assistant to assist students
with personal care
permitting the other student
in the classroom to be
actively engaged and
receiving direct instruction
from a teacher or an
assistant.
Documentation review
indicated that Radius’
Personnel Policy and
Radius Management Pediatric Day Program Mid-cycle Review Report
January 4, 2011
Page 7 of 13
Procedures Manual now
includes that CORI checks
will be completed for staff
before hire and every three
years. The Manual also
now includes a plan for
using volunteer and/or
intern services as required.
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
12.1 Staff
Orientation
and Training
18.05(11)(g, i);
28.09(7)(f)

Documentation
Personnel
Record Review
Documentation review
indicated that Radius has
now developed a plan for
orientation and training of
staff and there is a plan
stating what trainings are
provided in the orientation
sessions and how newly
hired staff are provided
training on all required
topics, listed under
criterion 12.2 a-e, at the
time of hire if the required
topics have already been
covered with existing staff.
These trainings are now
recorded in the personnel
files and sign-in sheets
were provided.
Radius Management Pediatric Day Program Mid-cycle Review Report
January 4, 2011
Page 8 of 13
A training agenda for
orientation for volunteers to
the day program was also
provided.
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;
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)

Documentation
Personnel
Record Review
All staff now receive an
average of two hours of inservice training per month.
The agendas include all of
the ESE mandated trainings
and these trainings are now
recorded in the personnel
files and the sign-in sheets.
Staff now receive all
required trainings annually.
Assistant teachers now
receive training in the
Massachusetts
Frameworks, MCAS
testing and student record
policies and confidentiality
issues. Reporting abuse and
neglect training that is
provided annually is in
regard to reporting
internally and to the
Department of Health and
to the Department of Social
Services and/or the
Disabled Persons
Protection Commission.
Radius Management Pediatric Day Program Mid-cycle Review Report
January 4, 2011
Page 9 of 13
Also, staff who transport
students now receive
transportation safety
training annually.
15.5 Parent
Consent

Student
Record Review
18.05(5)(c);
18.05(8);
18.05(9)(f)(1)
15.8
Registering
Complaints
and
Grievances –
Parents,
Students and
Employees
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;
Documentation

Documentation
Record review and
interviews indicated that
Radius now obtains annual
consents for emergency
medical care.
Documentation review
indicates that Radius now
has a written grievance
procedure for students and
parents regarding
discrimination. The staff
grievance procedure for
discrimination now
includes all required
categories of harassment.
Radius Management Pediatric Day Program Mid-cycle Review Report
January 4, 2011
Page 10 of 13
28 CFR 35.107
16.3
Nursing

Documentation
Interviews
18.05(9)(b)
16.7 Preventive
Health Care
18.05 (9)(g)

Documentation
Radius was approved to
have 1FTE UFR #108
Registered Nurse. The
program currently has a
registered nurse four
days a week. The fifth
day is covered by a
Licensed Practical
Nurse. This staff person
is not appropriate to
meet the medical needs
of the students enrolled
in the school. The
program continues to
seek a Registered Nurse
for one day per week.
Documentation review
indicated that Radius’
policies now include a
policy and procedure to
ensure that a student or
staff member who has a
reported communicable
disease is authorized by a
physician to continue to be
present within the school.
The policy now includes
procedures to notify the
local board of health in
Radius Management Pediatric Day Program Mid-cycle Review Report
January 4, 2011
Page 11 of 13
By February 23, 2011, Radius
must submit evidence of efforts
to recruit and retain a
Registered Nurse to work one
day per week as requested by
the program and approved by
the Department.
Documentation submitted must
include names of applicants,
dates of interviews, and copies
of advertisements of Radius’
search to hire a Registered
Nurse to work one day per
week to ensure a total of 1FTE
UFR #108. All efforts from
September 2010 to the present
must be submitted.
accordance with M.G.L. c.
111, § 111.
16.12 No
Smoking
Policy
M.G.L. c. 71, §
37H

Documentation
Observation
Radius’ policy regarding
smoking now specifically
states that the use of any
tobacco products is
prohibited within the
school buildings, the
school facilities or on the
school grounds or on
school buses by any
individual, including
school personnel.
Radius Management Pediatric Day Program Mid-cycle Review Report
January 4, 2011
Page 12 of 13
Commonwealth of Massachusetts
Department of Elementary and Secondary
Education
RADIUS MANAGEMENT, INC.
RADIUS PEDIATRIC CENTER DAY SCOOL
A PRIVATE SPECIAL EDUCATION PROGRAM OPERATED PURSUANT TO
603 CMR 18.00 and 28.09
123 South Street
Plymouth, MA 02360
Program Rate Based on: 24 Students
Approved Enrollment: 24 Students
Day Program
Summer Program
10 month program
Residential Program
11 month program
12 month program
APPROVED STUDENT:LICENSED EDUCATOR RATIO: N/A
APPROVED STUDENT:LICENSED EDUCATOR:AIDE RATIO: 6:1:2
APPROVAL STATUS
PROVISIONALAPPROVAL
Expires on: April 29, 2011
The current approval is a result of a Mid-cycle conducted in the 2010-2011 school year and the next
review is scheduled for the 2013-2014 school year.
HELEN M. MURGIDA, EDUCATIONAL SPECIALIST, PROGRAM QUALITY ASSURANCE
SERVICES
NINA M. MARCHESE, SUPERVISOR, PROGRAM QUALITY ASSURANCE SERVICES
DARLENE A. LYNCH, DIRECTOR, PROGRAM QUALITY ASSURANCE SERVICES
DATE ISSUED:
JANUARY 4,
2011
Download