Massachusetts Department of Elementary and Secondary Education 75 Pleasant Street, Malden, Massachusetts 02148-4906 Telephone: (781) 338-3000 TTY: N.E.T. Relay (800) 439-2370 January 9, 2013 Mr. Ted Wilson, Executive Director Seaport Academy Day Program Schools for Children, Inc. 197 8th Street Charlestown, MA 02129 VIA FACSIMILE and Certified U.S. Mail Re: Mid-cycle Review and Verification of previous Program Review Corrective Action Plan and Notification of Probationary Approval - REVISED Dear Mr. Wilson: Enclosed is the Department of Elementary and Secondary Education’s (the “Department”) Midcycle Review Report based upon the Mid-cycle Review conducted in your private school program on November 14, 2012. 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 August 18, 2010. 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. The Department finds that Seaport Academy Day Program (“Seaport Academy”), a day program operated pursuant to 603 CMR §28.00, Massachusetts Special Education Regulations, and 603 CMR §18.00, Program and Safety Standards for Approved Public or Private Day and Residential Special Education School Programs, is not in compliance with applicable regulations as outlined below in the Mid-cycle Review Report. As a result of serious concerns the Department has regarding the ability of the school to provide an appropriate education to enrolled students as outlined in 603 CMR 28.09(4)(b), the Department is hereby notifying Seaport Academy that it is being placed on Probationary Approval. The Department is also hereby notifying Seaport Academy that as of this notice, the school is not to accept any additional eligible students into the program. Page 1 of 3 Consistent with 603 CMR 28.09(4), within two (2) school days of receipt of notice from the Department placing the Program's approval on probation, Seaport Academy must provide notification of this Probationary Approval status to the parents of all Massachusetts enrolled students, all Massachusetts school districts with enrolled students, and officials of Massachusetts human service agencies or agencies of other states with responsibility for any students at the school. This notification must state that Seaport Academy has been assigned probationary status for the reasons outlined below. A copy of the proposed letter and a list of all recipients must be submitted to the Department for approval prior to distribution. The circumstances that have prompted this action by the Department are based on observations made, documentation reviewed, and interviews conducted by the Department during the November 14, 2012 onsite visit during the Mid-cycle Review. Specifically, while onsite for the Mid-cycle Review on November 14, 2012, the Department staff noted serious concerns regarding the provision of an appropriate educational program. Seaport Academy is not adhering to the requirements of 603 CMR 28.09(9)(a), 603 CMR 18.03(1)(a), and 603 CMR 28.09(7)(b,c) in that the school is not offering or providing the appropriate amount of instructional time to students as required, is not providing appropriate supervision to students while they are engaged in school-related activities, and is not providing educational services to students by appropriately licensed teachers. Department staff who observed the academic program noted that students were sleeping during instructional time, wandering in and out of classrooms, using earphones and texting or using their cell phones during class and not following academic schedules. In cases where a program fails to fully and effectively implement a previously approved Corrective Action Plan, the Department must then prepare a Corrective Action Plan for the program which must be implemented without further delay. The Department has included specific corrective action to address the new issues identified during the onsite visit in the enclosed Mid-cycle Review Report. You will find all of the required corrective action in the far right column of the Report. No later than 3:00 P.M. on Monday, January 28, 2013, Seaport Academy must submit to the Department evidence of having implemented the required corrective action. Your response must include a detailed description outlining the steps being taken, the persons responsible for implementation, and the specific timelines for correction of these problems. Please note that the Department will conduct both announced and unannounced site visits to Seaport Academy. Following the Department's review of the program’s required corrective action and results of any announced and/or unannounced site visits, the Department may reinstate the program to an approval status of Provisional or withdraw the program’s approval. The Department will provide written notification of its action to Seaport Academy. Page 2 of 3 It is our desire to work positively and collaboratively with Seaport Academy to ensure compliance with Department requirements and to support the program in its efforts to meet the challenging needs of the students it serves. If you have any questions regarding the contents of this letter, please contact Helen Murgida at 781-338-3713. Sincerely, Helen M. Murgida, Liaison Program Quality Assurance Services Darlene Lynch Director Program Quality Assurance Services c: Mitchell D. Chester, Ed.D., Commissioner of Elementary and Secondary Education Pamela Sweeney, Assistant Director, Program Quality Assurance Services Nina Marchese, Supervisor, Program Quality Assurance Services Sally Currier, Board of Directors Chairperson, Seaport Academy Alex Tsonas, Program Director, Seaport Academy Monica Synnott, Director of Special Education Pricing, Operational Services Division Encl.: Mid-cycle Review Report Probationary Private School Approval Certificate, Expiration Date: March 7, 2013 Page 3 of 3 MASSACHUSETTS DEPARTMENT OF ELEMENTARY AND SECONDARY EDUCATION PRIVATE SCHOOL MID-CYCLE REVIEW SCHOOLS FOR CHILDREN, INC. SEAPORT ACADEMY DAY PROGRAM MID-CYCLE REVIEW REPORT Previous Program Review Corrective Action Plan Submitted on September 21, 2010 Progress Reports Submitted on February 17, June 6, July 8, and August 7, 2011 Mid-cycle Onsite Visit Conducted on November 14, 2012 Date of this Report: January 9, 2013 Schools for Children, Inc. Seaport Academy Day Program Mid-cycle Review Report January 9, 2013 Page 1 of 27 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 Selected Approved Private School Program Mid-cycle Review Criteria 2.2 Approvals, Licenses, Certificates of Inspection 18.04(1); 28.09(2)(b)(5); 28.09(5) (b); 28.09(6) (b, c) 2.3 EEC Licensure 102 CMR 3.00 (Residential Programs only) Not Applicable Documentation Observation Seaport Academy submitted current approvals, licenses, and certificates of inspection by state and local agencies as required. Seaport Academy is a day program; therefore this criterion is not applicable. Schools for Children, Inc. Seaport Academy Day Program Mid-cycle Review Report January 9, 2013 Page 2 of 27 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 Documentation While Seaport Academy submitted documentation that verifies the required number of school days and the required number of instructional hours are being offered to all students, observation revealed that students either leave class on their own or are sent out of class due to disruptive behaviors and were observed wearing earbuds/headphones, text messaging, and had heads down on desks while instruction was taking place. 6.1 Daily Instructional Hours 603 CMR 27.04 & 6.4 School Days Per Year 603 CMR 27.05(2); 28.09(9)(a) Interviews Observation 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 Students were observed leaving class and wandering in and out of the building on their own terms or not actively engaged in the lesson and time out of learning was not documented. By January 28, 2013, Seaport Academy must submit copies of an individual written log for each student’s participation in classes for each day. If a student is scheduled to attend a class and does not do so, or is not participating, this must be documented and explained in detail on the log. The length of refusal or non-participation, the reason for the student refusal or non-participation and the behavioral plan staff implemented must be included for each entry in the log. These logs are to begin upon receipt of this Schools for Children, Inc. Seaport Academy Day Program Mid-cycle Review Report January 9, 2013 Page 3 of 27 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 report and continue each school day until the Department has determined they are no longer necessary and has notified Seaport Academy of such in writing. 8.5 Current IEP & Student Roster 28.09(5)(a) Partial Documentation Student Records Interviews While not all students have a current IEP that has been issued by the responsible public school district and consented to and dated by the student’s parent(s), Seaport Academy provided documentation of their efforts to obtain such documentation from sending school districts. Partial Schools for Children, Inc. Seaport Academy Day Program Mid-cycle Review Report January 9, 2013 Page 4 of 27 By January 28, 2013, Seaport Academy must submit a roster of publicly funded Massachusetts students currently enrolled in the program containing the following information: o Each student’s initials o The school district responsible for 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 o o o o o Schools for Children, Inc. Seaport Academy Day Program Mid-cycle Review Report January 9, 2013 Page 5 of 27 preparing the student’s IEP; The name of the school district contact person for each student; The agency(ies) supporting any part of the student’s tuition; The portion of tuition supported by such agency(ies); The implementation date of the most recently issued and consented to IEP; The date of expiration for the most recently issued 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); 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 Academy does not have the full-time Educational Administrator working on-site each day and it is unclear who her designee is on the days that she is working off- and consented to IEP; The date of parental signature on the most recently issued and consented to IEP; and o For each unsigned IEP, evidence or documentation of efforts and/or steps taken for the public school district to obtain signed IEPs. By January 28, 2013, Seaport Academy must submit the name of the staff member acting as her designee as the educational administrator when she is not on site for the program. Such person shall be Documentation While the Educational Administrator meets the required qualifications to serve in this capacity, she is only onsite at the program 2-3 days per week. Schools for Children, Inc. Seaport Academy Day Program Mid-cycle Review Report January 9, 2013 Page 6 of 27 Criterion Number and Topic Implementation Status of Requirements or Corrective Action Plan Determined to be Substantially Implemented 603 CMR 44.00 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 site. assigned to supervise the provision of special education services in the program and to ensure that the services specified in each student’s IEP are delivered. The educational administrator designee shall either possess licensure as a special education administrator or possess all of the following: License as a special educator; A minimum of a master's degree in special education or a related field; and A minimum of one year of Schools for Children, Inc. Seaport Academy Day Program Mid-cycle Review Report January 9, 2013 Page 7 of 27 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 administrative experience. Schools for Children, Inc. Seaport Academy Day Program Mid-cycle Review Report January 9, 2013 Page 8 of 27 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 At the time of the last Program Review, review of documentation and staff interviews revealed that one teacher was not licensed or waivered in special education as required. 11.4 Teachers (Special Education Teachers and Regular Education Teachers) 18.05(11)(f); 28.09(5)(a); 28.09(7)(b, c); 34 CFR 300.321 Staff Records Interviews 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 At the time of the Midcycle Review, 5.1 Full Time Equivalents (FTE’s) of teachers were listed on the Teaching Roster, but only 2.1 FTE’s of teachers are licensed or on approved waivers as required. By January 28, 2013, Seaport Academy must submit the following: Current teaching staff roster that includes all UFR 115’s special education teachers and UFR 116’s regular education teachers in the program that contains the following information: o UFR#; o Name; o Position title within the program; o Grade level(s) taught; o Subject(s) taught; o Massachusetts Schools for Children, Inc. Seaport Academy Day Program Mid-cycle Review Report January 9, 2013 Page 9 of 27 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 o o o Schools for Children, Inc. Seaport Academy Day Program Mid-cycle Review Report January 9, 2013 Page 10 of 27 teaching license title, type, grade level, number and expiration date; Copy of license or most current ELAR activity sheet; In instances where teachers do not hold Massachusetts licensure for the area in which they are employed, a copy of a current certification waiver is provided or ELAR activity sheet; In instances when general education teachers are 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 o Schools for Children, Inc. Seaport Academy Day Program Mid-cycle Review Report January 9, 2013 Page 11 of 27 providing special education services, the name and license of the special educator providing supervision; and Most recent date of Professional Development Plan for special education teachers and general education teachers with professional level licensure. 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 Seaport Academy submitted a Related Service Staff Roster that contains all required elements showing that related services are being provided to students by appropriately certified, licensed or registered staff. 11.5 Related Services Staff Interviews 28.09(7)(d) 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 Three unlicensed interns are providing unsupervised one-onone and small group counseling services to students. By January 28, 2013, Seaport Academy must submit evidence that the staff providing one-on-one and small group counseling are appropriately qualified to provide such services. The Master Staff Roster did not include the name of a “Teaching By January 28, 2013 Seaport Academy must submit: However, while a Licensed Counselor is on maternity leave, three Master’s level interns are providing one-onone and small group services to some of the student caseload. 11.6 Master Staff Roster Documentation Interviews Seaport Academy submitted a Master Staff Roster that corresponds to the last Schools for Children, Inc. Seaport Academy Day Program Mid-cycle Review Report January 9, 2013 Page 12 of 27 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) 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 approved Program Budget and that contains the name, program job title, corresponding UFR title number, licensure and/or certification if appropriate, full-time equivalent (FTE), and qualifications for current staff as required. However, a staff member hired as a “Teaching Assistant” was not included on the Master Staff Roster. Assistant” who was observed working with students. Schools for Children, Inc. Seaport Academy Day Program Mid-cycle Review Report January 9, 2013 Page 13 of 27 A current master staff roster that includes for each staff person o Corresponding UFR#s; o UFR tittles; o Full time equivalents (FTEs); o Position title; o First and Last name; o Vacancies indicated; and o Justification for any discrepancies from last approved program budget. Criterion Number and Topic 19 Anti-Hazing Implementation Status of Requirements or Corrective Action Plan Determined to be Substantially Implemented M.G.L. c. 71, s. 37H, as amended by Chapter 92 of the Acts of 2010. M.G.L. c. 71, s. 37O(e)(1) & Comments Regarding Corrective Action Plan Implementation Documentation Seaport Academy provided evidence of distribution of the policy as approved by the program’s Board of Directors to all secondary students, as well as documentation of students’ receipt of the policy as required. Seaport Academy submitted a Bullying Prevention and Intervention Plan which included: a description of the process the program followed to amend its student admissions materials/handbook to include an age-appropriate summary of their Bullying Prevention and Intervention Plan; a description of how the 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 Student Records Interviews M.G.L. c. 269, §§ 17 through 19 20 Bullying Prevention and Intervention Method(s) of Verification Documentation Interviews Schools for Children, Inc. Seaport Academy Day Program Mid-cycle Review Report January 9, 2013 Page 14 of 27 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 Bullying Prevention and Intervention Plan information was distributed; and a description of the professional development plan developed by the program for all staff for the school year and evidence of its implementation, that included dates, format(s) used and agendas. (2). M.G.L. c. 71, s. 370(d). Identified Areas of Non-Compliance from the 2009-2010 Program Review or Other Areas of Concern 1.2 Program & Student Description, Program Capacity Interviews Observation During the Mid-cycle Review, observations and interviews revealed that the student population Seaport Academy is serving has changed from those having behavioral and Seaport Academy is now serving students with a diagnosis on the Autism Spectrum Disorder who they were not approved to serve. Schools for Children, Inc. Seaport Academy Day Program Mid-cycle Review Report January 9, 2013 Page 15 of 27 By January 28, 2013, Seaport Academy must submit a written narrative addressing each of the following requirements as the program was last 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 Further Corrective Action Ordered by the Department of Elementary and Secondary Education and Timelines for Implementation and Further Progress Reporting Student Records Interviews 28.09(11); 18.05(1)(b)(117); 18.05(2); 18.05(3)(c) Findings Regarding Incomplete Implementation of Approved Corrective Action Plan or Identification of Additional Issues of Noncompliance non-verbal learning challenges to include students diagnosed on the Autism Spectrum. 28.09(2)(a) (2); 28.09(2)(b) (2, 3, 7) 5.1 Student Admissions Corrective Action Plan Determined to be Not Fully Implemented or Additional Issues Identified During the Mid-cycle Review, review of student records and interviews revealed that 9 of 29 current students were admitted without any medical records and history of prior testing or counseling even though counseling is indicated on their IEPs. Seaport Academy is not in compliance with their admission criteria which include proof of a physical examination of the student within 30 days of admission and receipt of pertinent records on students Schools for Children, Inc. Seaport Academy Day Program Mid-cycle Review Report January 9, 2013 Page 16 of 27 approved: Identified population of students to be served Ages of students; Educational characteristics; Behavioral characteristics and Philosophy, goals and objectives. By January 28, 2013, Seaport Academy must submit: Copy of written admissions criteria from policies and procedures manual Copy of the program’s 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 from sending school districts. application/intake form used for student admissions Copy of the program’s narrative description of orientation for parents and students upon admission to the program 9.1(a) Student Documentation During the last Program Student separation Schools for Children, Inc. Seaport Academy Day Program Mid-cycle Review Report January 9, 2013 Page 17 of 27 Copies of physical examinations for students who were enrolled in the program without physicals and evidence of efforts to obtain copies of medical and educational records from sending school districts. By January 28, 2013, 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 Separation Resulting from Behavior Management 18.05(5)(i); 18.05(6, 7); 46.02(5)(b) 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 resulting from behavior management is not being documented. Seaport Academy must submit a copy of written policies and procedures regarding behavior management specific to student separation and copies of documentation of separation for each student maintained in student records or time out log. Student Records Interviews Review, while Seaport Academy had a behavior management policy for student separation resulting from behavior management, student record reviews and staff interviews revealed that the school did not document the time each student was separated from class. While Seaport Academy submitted a form used to document the use of time-out for an individual student, no completed forms were found in student records, and observation revealed that students “take space” at will, were not supervised by staff at Schools for Children, Inc. Seaport Academy Day Program Mid-cycle Review Report January 9, 2013 Page 18 of 27 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 Academy is not maintaining documentation of suspensions and follow-up activities relative to suspensions. By January 28, 2013, Seaport Academy must submit a copy of the suspension logs used for December 2012 to the date of submission. The name of the student, the duration of the suspension, where the suspension was served and incident reports relative to each suspension must be submitted. 9.5 3-5 Day Suspensions Documentation 18.05(6) Interviews Student Records all times, one student locked himself in a time out room without supervision, and documentation of student separation was not maintained. While Seaport Academy had a policy for 3-5 day suspensions, student record reviews indicated that while notification of suspension was provided to parents, there was no such documentation provided to school districts as required. Of the student records that were reviewed, no student was suspended for 3-5 days, but interviews revealed that a student was suspended and left the program with no Schools for Children, Inc. Seaport Academy Day Program Mid-cycle Review Report January 9, 2013 Page 19 of 27 Copies of documentation of notification to parents, 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 documentation found. 9.7 Terminations Student Records Interviews 18.05(7); 28.09(12)(b) Further Corrective Action Ordered by the Department of Elementary and Secondary Education and Timelines for Implementation and Further Progress Reporting While Seaport Academy has a written termination policy that includes provisions regarding both Planned Terminations and Emergency Terminations, review of student records indicated that a suspended student did not return to the program and evidence of meeting minutes or documentation from the Team meeting regarding termination were not found as required. Seaport Academy is not implementing its policy on terminations that includes evidence of meeting minutes or documentation from the Team meeting regarding termination. Schools for Children, Inc. Seaport Academy Day Program Mid-cycle Review Report January 9, 2013 Page 20 of 27 school districts and other appropriate parties must also be submitted as well as maintained in student records. By January 28, 2013, Seaport Academy must submit a copy of their written termination policy that meets all requirements set forth in criterion 9.7 and distinguishes between planned and emergency terminations. 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 At the time of the Program Review, block schedules and staff interviews revealed that Seaport Academy had one physical education class in which the ages of the youngest and oldest child differed by more than forty-eight months and the school had not requested a waiver from the Department. 10.2 Age Range Interviews 28.06(6)(f, g) For the Mid-cycle Review, Seaport Academy requested a waiver for one physical education class in which the ages of the youngest and oldest child differs by more than forty-eight months which was denied due to issues with 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 Academy does not have an approved waiver for the physical education class in which the ages of the youngest and oldest child differs by more that forty-eight months and has not submitted waivers for elective classes in which the ages of the youngest and oldest child differs by more that forty-eight months By January 28, 2013, Seaport Academy must submit waiver requests for every class that exceeds the 48 month age span. For the physical education class, alternative plans must be made to teach the students this subject since this waiver has been denied. Schools for Children, Inc. Seaport Academy Day Program Mid-cycle Review Report January 9, 2013 Page 21 of 27 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 11.11 Supervision of Students 18.03(1)(a) 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 Students were observed leaving classrooms without permission or supervision and going into rooms without windows that could be locked from the inside, or outside smoking in groups. By January 28, 2013, Seaport Academy must submit a detailed narrative regarding what procedures the staff are to follow when a student leaves the school building, and submit a written log that is maintained separately for each student that includes the student’s name, date of incident, time of incident, length of incident, name of Observation Student Records the license of the teacher. Also, the program has several elective classes in which the 48 month age span was exceeded and no age span waiver requests have been submitted to the Department. During the Mid-cycle Review, observation of students revealed that students were not always supervised both in the building and while outside of the building to smoke. Schools for Children, Inc. Seaport Academy Day Program Mid-cycle Review Report January 9, 2013 Page 22 of 27 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 13.2 Description of Physical Facility 18.04; 28.09 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 Observation During the Mid-cycle Review, the area used as the kitchen was not clean, well ventilated and free from hazards. When used for an elective cooking class, there was no plan or supervision for students to clean up the dirty dishes and utensils that were piled on counters. The area used as a kitchen was not clean and had dirty dishes and utensils piled on counters for several hours. Schools for Children, Inc. Seaport Academy Day Program Mid-cycle Review Report January 9, 2013 Page 23 of 27 staff who followed the student and a description of how the incident was resolved. This documentation must be obtained and reported until such time as Seaport is notified in writing by the Department. By January 28, 2013, Seaport Academy must submit a plan that includes responsibilities of students and staff to clean up as part of their lesson and which staff will be responsible to ensure the area is clean and organized each morning before classes and after each class so that the area is 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 and Required Notification 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 Student Records Interviews 18.05(5)(c); 18.05(8); 18.05(9)(f)(1); 18.05 (9)(j); M.G.L. c. 71, § 32A Corrective Action Plan Determined to be Not Fully Implemented or Additional Issues Identified During the last Program Review, while Seaport Academy had a policy to work with school districts to obtain annual parental consents, the school did not provide parents with notification concerning curriculum that primarily involved human sexual education or human sexuality issues as required under Parental Notification Law M.G.L. c. 71, § 32A. Student Record review indicated that the school now provides parents with notification concerning curriculum that primarily A review of student records revealed that Seaport Academy requests parental permission for students to smoke. Schools for Children, Inc. Seaport Academy Day Program Mid-cycle Review Report January 9, 2013 Page 24 of 27 maintained in a sanitary manner. By January 28, 2013, Seaport Academy must submit a copy of all consent forms that will be used moving forward and a statement of assurances that permission to smoke consents will no longer be obtained. 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 Only one of 29 students at Seaport Academy has evidence of a yearly dental examination, and nine students were admitted to the program without any evidence of preventative health care screenings, medical and dental examinations and immunizations. By January 28, 2013 Seaport Academy must submit a chart that includes the following: Each student’s name with the dates of the most recent examination or screening, specifically: Physical examination Dental examination Vision screening Postural screening Hearing screening 16.7 Preventive Health Care Documentation 18.05(9)(g) M.G.L. c. 71, § 57 M.G.L. c. 111, § 111. Interviews Student Records involved human sexual education or human sexuality issues as required under Parental Notification Law M.G.L. c. 71, § 32A. Student record review and staff interviews revealed that not all students had received an annual dental examination as required. While the school has developed a plan to ensure that vision, hearing, and postural screenings occur, there is no tracking system to monitor follow up requests for completion and documentation of the required screenings. Documentation, student record review, and interviews Schools for Children, Inc. Seaport Academy Day Program Mid-cycle Review Report January 9, 2013 Page 25 of 27 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 revealed that only one of 29 students had evidence of a yearly dental exam and nine of 29 students had no evidence of having a medical exam, dental exam or any screenings. 16.12 No Smoking Policy M.G.L. c. 71, § 37H Further Corrective Action Ordered by the Department of Elementary and Secondary Education and Timelines for Implementation and Further Progress Reporting Student Records Interviews While Seaport Academy has a written No Smoking Policy, students were observed smoking outside the front door. For any of the screenings that are not required for a particular student based on their age, write “Not Applicable due to age” in the spot reserved for the date. During the Mid-cycle Review, it was discovered that Seaport Academy sends parental permission forms to parents/guardians allowing permission for students to smoke on school property. While this is not only Schools for Children, Inc. Seaport Academy Day Program Mid-cycle Review Report January 9, 2013 Page 26 of 27 By January 28, 2013, Seaport Academy must submit their written policy that prohibits the use of any tobacco products within the program buildings, the program facilities or on the program grounds or on buses by any individual, including school staff. In addition, Seaport Academy 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 unacceptable, students whose parents have not granted such permission were observed to be outside on the school grounds smoking. must describe who will enforce this policy throughout the school day and how this will be monitored. Schools for Children, Inc. Seaport Academy Day Program Mid-cycle Review Report January 9, 2013 Page 27 of 27 Commonwealth of Massachusetts Department of Elementary and Secondary Education SCHOOLS FOR CHILDREN, INC. SEAPORT ACADEMY DAY PROGRAM A PRIVATE SPECIAL EDUCATION PROGRAM OPERATED PURSUANT TO 603 CMR 18.00 AND 28.09 197 8th Street Charlestown, MA 02019 Program Rate Based on: 19 Students Approved Enrollment: 28 Students Day Program Summer Program Residential Program 10 month program 11 month program 12 month program APPROVED STUDENT:LICENSED EDUCATOR RATIO: 5:1 APPROVED STUDENT:LICENSED EDUCATOR:AIDE RATIO: Not Applicable APPROVAL STATUS PROBATIONARY Expires on: March 7, 2013 The current approval is a result of a Mid-cycle Review conducted in the 2012-2013 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 1/9/13