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