Massachusetts Department of Elementary and Secondary Education 75 Pleasant Street, Malden, Massachusetts 02148-4096 3700 Telephone: (781) 338TTY: N.E.T. Relay 1-800-439-2370 July 31, 2008 Mr. Alex Tsonas, Director Seaport Campus School 197 8th Street Charlestown, MA 02129 Re: Onsite Follow-up Monitoring Report: Program Review Corrective Action Plan Verification and Mid-cycle Review Dear Mr. Tsonas: Enclosed is the Department's Program Review Follow-up Monitoring Report together with findings regarding your private school’s Mid-cycle Program Review as well as a review of the 2007-2008 annual application update materials. 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 May 18, 2004 and the annual application update submitted on October 18, 2007, April 4, 2008 and April 14, 2008. 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 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 September 30, 2008. 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 Page 1 of 2 steps that must be taken by the school 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 private school within the timelines specified. Your statement of assurance must be submitted to the Department's Onsite Chairperson by August 8, 2008. 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 Stacey Klasnick at 781-338-3792. Sincerely, Stacey Klasnick, Educational Specialist Program Quality Assurance Services Darlene Lynch, Director Program Quality Assurance Services c: Mitchell D. Chester, Ed.D., Commissioner of Elementary and Secondary Education Encl.: Follow-up Monitoring Report Provisional Private School Approval Certificate, Expiration Date: September 30, 2008 Page 2 of 2 MASSACHUSETTS DEPARTMENT OF ELEMENTARY AND SECONDARY EDUCATION PRIVATE SCHOOL MID-CYCLE PROGRAM REVIEW Seaport Campus School ONSITE VERIFICATION OF CORRECTIVE ACTION PLAN IMPLEMENTATION AND/OR IDENTIFICATION OF ADDITIONAL FINDINGS REQUIRING CORRECTIVE ACTION Annual Application Submitted on October 18, 2007, April 4, 2008, April 14, 2008 Onsite Visit Conducted on January 11, 2007 Date of this Report July 29, 2008 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 Mid-cycle Review Criteria 2.2 Approvals, Licenses, Certificates of Inspection 18.04(1); 28.09(2)(b)(5); 28.09(5)(b); Documentation Review Seaport Campus School has all required licenses, approvals and certificates of inspection. Seaport Campus School Program Review Mid-cycle Report July 29, 2008 Page 1 of 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 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 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 Seaport Campus School does not have current IEPs for students E.V. and D.B. and did not submit evidence/documentation of efforts and/or steps taken to work with the Seaport Campus School must submit evidence/documentation of the efforts and/or steps taken to work with the sending public school district to obtain signed IEPs for E.V. and D.B. to the Department by August 29, 28.09(6)(b, c) 2.3 EEC Licensure 102 CMR 3.00 (NA for Public Day Schools) NA 8.4 Program Modifications and Support Services for Limited English Proficient Students M.G.L. c. 71A; Title VI 8.5 Current IEP & Student Roster 28.09(5)(a) Seaport Campus School is a day program and does not require licensure from the Department of Early Education and Care. Documentation Review Documentation Review A copy of Seaport Campus School’s written plan for effectively serving limited English proficient students from its Policies and Procedures Manual was submitted and approved. Seaport Campus School Program Review Mid-cycle Report July 29, 2008 Page 2 of 16 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 11.3 Educational Administrator Qualifications 28.09(5)(a); 28.09(7)(a); 603 CMR 44.00 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 Documentation Review sending public school district to obtain signed IEPs. 2008. Seaport Campus School has a designated educational administrator with the appropriate licensure for the position. 11.4 Teachers (Special Education Teachers and Regular Education Teachers) 18.05(11)(f); 28.09(5)(a); 28.09(7)(b, c) Documentation Review Seaport Campus School provided a current teaching staff roster for all teachers demonstrating that all staff with the exception of one teacher, E.W., are appropriately licensed. Seaport Campus School must provide the Department with a copy of E.W.’s license or approved waiver by August 29, 2008. 11.5 Related Services Documentation Review Seaport Campus School provided a current staff Seaport Campus School must provided a current staff roster Seaport Campus School Program Review Mid-cycle Report July 29, 2008 Page 3 of 16 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 Further Corrective Action Ordered by the Department of Elementary and Secondary Education and Timelines for Implementation and Further Progress Reporting roster for all related services providers but did not include their certification, license, or registration number demonstrating that all staff are certified, licensed or registered in their professional areas. for all related services providers demonstrating that all staff are certified, licensed or registered in their professional areas to the Department by August 29, 2008. Seaport Campus School provided a current master staff roster; however, the school did not submit the last approved Program Budget. Seaport Campus School must submit the last approved Program Budget to the Department by August 29, 2008. Staff 28.09(7)(d) 11.6 Master Staff Roster 28.09(7) Identified Areas of Non-Compliance During 2004 Program Review or Other Areas of Concern 1.3 Program’s Curriculum 28.09(9) *Now 7.1 Curriculum Frameworks Documentation Review Seaport Campus School did not provide a full written description of how the learning standards of the Massachusetts Curriculum Frameworks are incorporated into the program’s instruction. Seaport Campus School Program Review Mid-cycle Report July 29, 2008 Page 4 of 16 Seaport Campus must submit a written description of how the learning standards of the Massachusetts Curriculum Frameworks are incorporated into the program’s instruction to the Department by August 29, 2008. 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 Further Corrective Action Ordered by the Department of Elementary and Secondary Education and Timelines for Implementation and Further Progress Reporting The Health Care Manual is not approved by a licensed physician. Seaport Campus must submit evidence that the Health Care Manual has been approved by a licensed physician to the Department by August 29, 2008. Seaport Campus School has a policy detailing the coordination and Seaport Campus School must revise its current policy to clearly state that only the 28.05(4)(a,b),; 28.09(9)(b) Documentation Review 3.2 Health Care Manual 18.05 (9)(d) 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) 5.2 Policies and Procedures for Documentation Review Seaport Campus School has written policies that require the program staff to notify the Department of any program/facility change. Documentation Review Seaport Campus school has submitted all required Form 2 notifications to the Department and has sent required notification to parents and the sending school districts. Documentation Review Seaport Campus School Program Review Mid-cycle Report July 29, 2008 Page 5 of 16 Criterion Number and Topic Implementation Status of Requirements or Corrective Action Plan Determined to be Substantially Implemented Coordination/ Collaboration with Public School Districts & Content requirements policies/procedures for Coordination/ Collaboration with Public School Districts 28.06(2-3) 28.09(9)(c)&(d) 28.09(2)(b)7 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 Further Corrective Action Ordered by the Department of Elementary and Secondary Education and Timelines for Implementation and Further Progress Reporting collaboration with sending school districts to ensure that the students are able to participate in programs for students without disabilities. However, Seaport Campus states that students can either receive a diploma from Seaport Campus School or from the sending school district. This policy must clearly state that only the sending school district can issue the diploma. Federal Regulations: 300.349 and 300.400-.401 *Now 7.4 High School Diplomas and Certificates of Seaport Campus School Program Review Mid-cycle Report July 29, 2008 Page 6 of 16 sending school district can issue the diploma and submit the revised policy to the Department by August 29, 2008. 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 Attendance M.G.L. c. 69. 1D; s. 1D; Administrative Advisory SpED 2002-4 REVISED; S[ecial Education Students in Outof-District PlacementsParticipation in MCAS Testing and High School Graduation Standards 6.1 Daily Instructional Hours 603 C.M.R. 27.00 6.2 School-to-work N/A Documentation Review and Observation Seaport Campus School provides the required instructional hours for all of its students. Seaport Campus School does not have a school-toSeaport Campus School Program Review Mid-cycle Report July 29, 2008 Page 7 of 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 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 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 Seaport Campus has developed a school wide curriculum but has not A written plan for training staff on the connection between the Massachusetts Curriculum work program. (Instructional hours) 603 CMR 27.02, 27.04 6.3 Kindergarten (Instructional hours) 603 CMR 27.03(5) N/A 6.4 School Days per Year 28.09(9) 6.5 N/A Seaport Campus School does not have a kindergarten program. Documentation Review Seaport Campus School operates for the required number of days. Seaport Campus School does not have an early release for high school seniors. Early Release of High School Seniors 603 CMR 27.05 7.1 Curriculum Frameworks Corrective Action Plan Determined to be Not Fully Implemented or Additional Issues Identified Documentation Review Seaport Campus School Program Review Mid-cycle Report July 29, 2008 Page 8 of 16 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 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 adequately trained staff on the connection between the Massachusetts Curriculum Frameworks and the expectations of the state for student performance. Frameworks and the expectations of the state for student performance must be submitted to the Department by August 29, 2008. 28.09(9)(b) 7.3 State/District Wide Assessments 28.09(9)(d) Documentation Review Seaport Campus School has written procedures outlining how the school ensures that all students participate in the state and/or district wide assessments. 8.9 IEP- Less Restrictive Placement 28.09(9(c) Documentation Review Seaport Campus School ensures that the students who are able to attend less restrictive learning environments do so according to their ability and as determined by the team. Documentation Review and Observation Seaport Campus School maintains all required student/teacher ratios. 10.1 Student:Teacher Corrective Action Plan Determined to be Not Fully Implemented or Additional Issues Identified Seaport Campus School Program Review Mid-cycle Report July 29, 2008 Page 9 of 16 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 Ratios 28.06(6)(d)&(g) 28.09(7)(e) N/A 10.4 Seaport Campus school is a day program and does not require student/child care ratios. Student: Child Care Ratios 28.09(7) 18.01(2) 11.1 Personnel Policies 28.09(7) 28.09(11)(a) 18.05(11) 11.4(a) Professional Development Plans 28.09(7)(b)(c) 18.05(11)(f) 11.7 Job Descriptions Documentation Review Seaport Campus School has all required personnel policies and procedures. Documentation Review Professional Development Plans are developed for Seaport Campus teachers who are required to have them. Documentation Review Seaport Campus School has written job descriptions for Seaport Campus School Program Review Mid-cycle Report July 29, 2008 Page 10 of 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 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 all staff positions. 18.05(11)(d) Documentation Review Seaport Campus School provided written salary ranges for all staff. Documentation Review Seaport Campus School has demonstrated that its organizational structure provides for the effective and efficient operation of the school. 11.11 Supervision of Students 28.09(7) Documentation Review and Observation Seaport Campus School has developed and implemented a plan for the effective supervision of its students. 11.12 Accessibility of Extracurricular Activities Documentation Review and Interview Seaport Campus School provides all of its extracurricular activities in a nondiscriminatory manner. 11.8 Salary Ranges 18.05(11)(e) 11.9 Organizational Structure 28.09(7) 28.07(c) Corrective Action Plan Determined to be Not Fully Implemented or Additional Issues Identified Title VI: 42 U.S.C. 2000d; 34 Seaport Campus School Program Review Mid-cycle Report July 29, 2008 Page 11 of 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 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 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 The in-service training calendar for the Seaport Campus School did not include the times and dates of the trainings, nor did it include the name and job description of the person responsible for Seaport Campus must submit a revised in-service training calendar including the times and dates of trainings as well as the name and job description of the person responsible for developing the training schedule to the Department by 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 12.2 Annual InService Training Plan and Calendar 28.09(7)(f) 18.05(11)(h) Documentation Review Seaport Campus School Program Review Mid-cycle Report July 29, 2008 Page 12 of 16 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 developing the training schedule. 13.3 Comparability of Facilities N/A Seaport Campus School does not offer separate facilities for any segment of its student body. 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) 15.1 Parental Involvement and Parents’ Further Corrective Action Ordered by the Department of Elementary and Secondary Education and Timelines for Implementation and Further Progress Reporting Documentation Review Seaport Campus School has developed and maintained a Parent Advisory Group and has a designated person to Seaport Campus School Program Review Mid-cycle Report July 29, 2008 Page 13 of 16 August 29, 2008. 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 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 Seaport Campus School has written grievance procedures for both staff and students; however, the procedures did not include an avenue for students to bring a discrimination claim based on sex or disability. Seaport Campus must revise its policy to include an avenue for students to bring a discrimination claim based on sex or disability and submit the revised policy to the Department by August 29, 2008. support it. Advisory Group 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 Documentation Review Seaport Campus School ensures that general announcements and notices of extracurricular activities are given to parents in the primary language of the home. Title VI; EEOA: 20 U.S.C. 1703(f); M.G.L. c. 76, s. 5; 603 CMR 26.02(2) 15.8 Registering Complaints 18.05(1)(b)16 Title IX: 20 U.S.C. 1681; 34 CFR 106.8; Section 504: 29 U.S.C. 794; 34 Documentation Review Seaport Campus School Program Review Mid-cycle Report July 29, 2008 Page 14 of 16 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 Further Corrective Action Ordered by the Department of Elementary and Secondary Education and Timelines for Implementation and Further Progress Reporting 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) 16.9 Students With Comfort Care/Do Not Resuscitate Orders N/A The Department no longer requires programs to develop DNR policies. 16.10 Meningococcal Disease and Vaccination N/A Seaport Campus School is a day program and is not required to address this criterion. MGL, Chapter 76, s.15D 105 CMR 220.700 18.2 Student Records Documentation Review and Student records at Seaport Campus School are Seaport Campus School Program Review Mid-cycle Report July 29, 2008 Page 15 of 16 Seaport Campus School must update all student records to Criterion Number and Topic Implementation Status of Requirements or Corrective Action Plan Determined to be Substantially Implemented Method(s) of Verification 28.09(10) MGL c. 71, s. 34H 603 CMR 23.00 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 missing the required documentation regarding dates of the last physical exam and when the last immunizations were given to students. include dates of the last physical exam and when the last immunizations were given. Seaport Campus School must review ten student records to ensure that dates of the last physical exam and when the last immunizations were given are documented. The review must document the person responsible for this review, the results of the review, rate of compliance and any further follow-up steps taken, if needed. Interview Family Educational Rights and Privacy Act (FERPA) *Now 18.1 Confidentiality of Student Records 28.09(5)(a); 28.09(10); 23.07(1); M.G.L. c. 71, s. 34H Seaport Campus School must submit the results of the student record review to the Department by August 29, 2008. Seaport Campus School Program Review Mid-cycle Report July 29, 2008 Page 16 of 16