Massachusetts Department of Elementary and Secondary Education

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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

December 3, 2009

Margaret Maiato

Day School Director

Schwartz Center for Children

One Posa Place

Dartmouth, MA 02747

Re: Mid-cycle Review and Verification of previous Program Review Corrective Action Plan

Dear Ms. Maiato:

Enclosed are the Department’s findings regarding your private school program’s recent onsite

Mid-cycle Review. 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 March 13, 2007. 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 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

April 1, 2010

. 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 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 December 18, 2009 .

Page 1 of 2

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 781-338-3794.

Sincerely,

Dee Wyatt, 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

Encl.: Mid-cycle Review Report

Provisional Private School Approval Certificate, Expiration Date: April 1, 2010

Page 2 of 2

MASSACHUSETTS DEPARTMENT OF

ELEMENTARY AND SECONDARY EDUCATION

PRIVATE SCHOOL MID-CYCLE REVIEW

CEREBRAL PALSY COUNCIL OF GREATER NEW BEDFORD, INC.

SCHWARTZ CENTER FOR CHILDREN

MID-CYCLE REVIEW REPORT

Criterion

Number and

Topic

Previous Program Review Corrective Action Plan Submitted on May 3, 2007, June 5, 2007, June 25, 2007

Progress Reports Submitted on July 29, 2008, September 30, 2008, October 28, 2008

Mid-cycle Onsite Visit Conducted on November 12-13, 2009

Date of this Report December 3, 2009

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

Selected Approved Private School Program Mid-cycle Review Criteria

Schwartz Center for Children Mid-cycle Review Report

December 3, 2009

Page 1 of 26

Criterion

Number and

Topic

2.2

Approvals,

Licenses,

Certificates of

Inspection

18.04(1);

28.09(2)(b)(5);

28.09(5) (b);

28.09(6) (b, c)

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

Implementation Status of

Requirements or

Corrective

Action Plan

Determined to be Substantially

Implemented

Method(s) of

Verification

Comments Regarding

Corrective Action Plan

Implementation

Documentation

Review

Schwartz Center for Children submitted current copies of all appropriate approvals, licenses, and certificates of inspection for the school building.

Corrective

Action Plan

Determined to be Not

Fully

Implemented or

Additional

Issues

Identified

Documentation

Review

Schwartz Center for Children submitted a written plan that now addresses how the program will effectively serve limited English proficient

(LEP) students.

Documentation

Review

Schwartz Center for Children submitted a current IEP and

Student Roster for all publicly funded Massachusetts students enrolled in the program that

Schwartz Center for Children Mid-cycle Review Report

December 3, 2009

Page 2 of 26

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

28.09(5)(a)

11.3

Educational

Administrator

Qualifications

28.09(5)(a);

28.09(7)(a);

603 CMR 44.00

Implementation Status of

Requirements or

Corrective

Action Plan

Determined to be Substantially

Implemented

Method(s) of

Verification

Comments Regarding

Corrective Action Plan

Implementation

Documentation

Review now contains all the required elements for this criterion.

The person designated by

Schwartz Center for Children to serve as the Educational

Administrator has been granted a waiver for this position for the 2009-2010 academic year.

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

Schwartz Center for Children Mid-cycle Review Report

December 3, 2009

Page 3 of 26

Criterion

Number and

Topic

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

(Includes former

Criterion 11.4(a)

11.5

Related Services

Staff

28.09(7)(d)

11.6

Master Staff

Roster

28.09(7)

Implementation Status of

Requirements or

Corrective

Action Plan

Determined to be Substantially

Implemented

Method(s) of

Verification

Comments Regarding

Corrective Action Plan

Implementation

Documentation

Review

Schwartz Center for Children submitted documentation verifying that all teaching staff are appropriately licensed or have been granted a waiver for the 2009-2010 academic year.

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

Review

Documentation

Review

All staff providing or supervising the provision of related services for Schwartz

Center for Children are appropriately certified, licensed or registered in their professional areas.

Schwartz Center for Children submitted a Master Staff

Roster that now contains the name, program job title,

Schwartz Center for Children Mid-cycle Review Report

December 3, 2009

Page 4 of 26

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 corresponding UFR title number, licensure and/or certification if appropriate, full-time equivalent (FTE), and qualifications for current staff. The Master Staff Roster accurately corresponds to the last approved ESE Program

Budget.

Identified Areas of Non-Compliance During the 2007 Program Review or Other Areas of Concern

1.2

Documentation Schwartz Center for Children

Program & Review provided a written narrative

Student

Description,

Program that now fully describes the program’s philosophy, goals,

Capacity

28.09(2)(a)(2);

28.09(2)(b)(2, objectives, student population, educational services, and related services.

3, 7)

(Includes elements of former Criteria

8.1 and 8.2)

Schwartz Center for Children Mid-cycle Review Report

December 3, 2009

Page 5 of 26

Further Corrective Action

Ordered by the

Department of Elementary and Secondary Education and Timelines for

Implementation and

Further Progress

Reporting

Criterion

Number and

Topic

3.1

Policies &

Procedures

Manual Table of Contents

28.09(11)(b)

(Includes elements from former

Criterion 3.1(a) and 5.1)

3.1(b)

Private School

Employment

Practices

Title VI: 42

U.S.C. 2000d;

34 CFR

100.3(c);

EEOA: 20

U.S.C. 1703(d);

Title IX: 20

U.S.C. 1681; 34

CFR 106.51-

Implementation Status of

Requirements or

Corrective

Action Plan

Determined to be Substantially

Implemented

Method(s) of

Verification

Comments Regarding

Corrective Action Plan

Implementation

*As of the 2009-2010 academic year, the

Department is no longer monitoring Criterion #3.1 and it is now reserved.

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

*As of the 2007-2008 academic year, the

Department is no longer monitoring Criterion #3.1(b) and it is now reserved.

Schwartz Center for Children Mid-cycle Review Report

December 3, 2009

Page 6 of 26

Further Corrective Action

Ordered by the

Department of Elementary and Secondary Education and Timelines for

Implementation and

Further Progress

Reporting

Criterion

Number and

Topic

106.61; Section

504: 29 U.S.C.

794; 34 CFR

104.11-104.14;

Title II: 42

U.S.C. 12132;

28 CFR 35.140;

Mass. Const. amend. art 114

3.2

Health Care

Manual

18.05(9)

3.3

Special

Education

Regulations and Reference

Materials

State:

603 CMR 28.00

Federal:

34 CFR

300.300-.577

Implementation Status of

Requirements or

Corrective

Action Plan

Determined to be Substantially

Implemented

Method(s) of

Verification

Comments Regarding

Corrective Action Plan

Implementation

*As of the 2009-2010 academic year, the

Department is no longer monitoring Criterion #3.1 and it is now reserved.

*As of the 2007-2008 academic year, the

Department is no longer monitoring Criterion #3.3 and it is now reserved.

Corrective

Action Plan

Determined to be Not

Fully

Implemented or

Additional

Issues

Identified

Schwartz Center for Children Mid-cycle Review Report

December 3, 2009

Page 7 of 26

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 and Appendix

A

5.1

Student

Admissions

28.09(11);

18.05(1)(b)(1-

17); 18.05(2);

18.05(3)(c)

5.2

Policies and

Procedures for

Coordination/

Collaboration with Public

School

Districts

&

Content s for

Coordination/

Collaboration

Implementation Status of

Requirements or

Corrective

Action Plan

Determined to be Substantially

Implemented

Method(s) of

Verification

Comments Regarding

Corrective Action Plan

Implementation

Documentation

Review

Schwartz Center for Children submitted a copy of the written admissions policy that now includes the policy and procedures regarding consent forms and the requirement for parents to submit documentation from a licensed physician that each student has had a complete physical examination not more than twelve (12) months before admission.

*As of the 2007-2008 academic year, the

Department no longer requires a school to have a written policy addressing the coordination/collaboration with public school districts.

Criterion #5.2 is now reserved.

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

Schwartz Center for Children Mid-cycle Review Report

December 3, 2009

Page 8 of 26

Criterion

Number and

Topic with Public

School Districts

5.5

Staff

Coordinator

28.09(7)

Implementation Status of

Requirements or

Corrective

Action Plan

Determined to be Substantially

Implemented

6.1

Daily

Instructional

Hours

603 CMR 27.00

6.3

Kindergarten

603 CMR

27.03(5)

6.4

School Days Per

Year

603 CMR

27.05(2);

28.09(9)(a)

Method(s) of

Verification

Comments Regarding

Corrective Action Plan

Implementation

Corrective

Action Plan

Determined to be Not

Fully

Implemented or

Additional

Issues

Identified

Documentation

Review

Documentation

Review

*As of the 2007-2008 academic year, the

Department is no longer monitoring Criterion #5.5 and it is now reserved.

Schwartz Center for Children submitted a block schedule that now indicates the school is providing the required amount of annual instructional hours.

*As of the 2007-2008 academic year, the

Department is no longer monitoring Criterion #6.3 and it is now reserved.

Schwartz Center for Children submitted a school calendar that now clearly indicates the number of scheduled days, as well as the five additional days to account for unforeseen circumstances.

Schwartz Center for Children Mid-cycle Review Report

December 3, 2009

Page 9 of 26

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

7.1

Curriculum

Frameworks

28.05(4)(a, b);

28.09(9)(b)

7.2

Staff Training

28.09 (9)(b)

8.1

Implementation

-Educational

Services

28.04 and

28.09(8)

34 CFR 300.26

Implementation Status of

Requirements or

Corrective

Action Plan

Determined to be Substantially

Implemented

Method(s) of

Verification

Comments Regarding

Corrective Action Plan

Implementation

*As of the 2009-2010 academic year, the

Department is no longer monitoring Criterion #7.1 and it is now reserved.

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

*As of the 2007-2008 academic year, schools need only to ensure that all academic staff are trained in aligning the curriculum with the Massachusetts Curriculum

Frameworks. Criterion #7.2 is now reserved and incorporated into Criterion

#12.2, Staff Training.

*As of the 2007-2008 academic year, all of the elements of Criterion #8.1 have been incorporated into

Criterion #1.2. Criterion number #8.1 is now reserved.

Schwartz Center for Children Mid-cycle Review Report

December 3, 2009

Page 10 of 26

Further Corrective Action

Ordered by the

Department of Elementary and Secondary Education and Timelines for

Implementation and

Further Progress

Reporting

Criterion

Number and

Topic

8.2

Implementation

-Related

Services

28.04 and

28.09(8)

34 CFR 300.24

8.8

IEP – Progress

Reports

28.07(3);

34 CFR

300.320(a)(3)(i, ii)

9.1

Polices and

Procedure for

Behavior

Management

18.03(7)(b)(2);

18.05(5, 6, 7);

28.09(11); 603

CMR 46.00;

Implementation Status of

Requirements or

Corrective

Action Plan

Determined to be Substantially

Implemented

Method(s) of

Verification

Comments Regarding

Corrective Action Plan

Implementation

*As of the 2007-2008 academic year, all of the elements of Criterion #8.2 have been incorporated into

Criterion #1.2. Criterion #8.2 is now reserved.

Corrective

Action Plan

Determined to be Not

Fully

Implemented or

Additional

Issues

Identified

Documentation

Review,

Student

Record Review

A review of student records indicates each individual student record now contains all required IEP Progress

Reports.

Documentation

Review

Schwartz Center for Children submitted a written behavior management policy and procedures that now includes all elements of this criterion.

Schwartz Center for Children Mid-cycle Review Report

December 3, 2009

Page 11 of 26

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

ESE Advisory on Restraint in

Special

Education

Programs dated

12/20/05

9.2

Discipline Code

Implementation Status of

Requirements or

Corrective

Action Plan

Determined to be Substantially

Implemented

9.3

Runaway

Students

18.03(10)

9.4

Physical

Restraint

(Day programs only)

18.05(5); 603

CMR 46.00

Method(s) of

Verification

Comments Regarding

Corrective Action Plan

Implementation

Documentation

Review

Documentation

Review

*As of the 2007-2008 academic year, the

Department is no longer monitoring Criterion #9.2 and it is now reserved.

Schwartz Center for Children submitted a written runaway policy and procedures that now include a clear definition of student runaways, as well as a timeframe for contacting law enforcement.

Schwartz Center for Children submitted a written physical restraint policy and procedures that now include the required notification to the Department, parents/guardians, and the public school districts.

Corrective

Action Plan

Determined to be Not

Fully

Implemented or

Additional

Issues

Identified

Schwartz Center for Children Mid-cycle Review Report

December 3, 2009

Page 12 of 26

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

9.5

3-5 Day

Suspensions

18.05(6)

9.6

10+ Day

Suspensions

34 CFR 300.530

– 537

18.05(7)

9.7

Terminations

18.05(7);

28.09(12)(b)

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

Documentation

Review

Documentation

Review

Documentation

Review

Schwartz Center for Children submitted a 3-5 day suspension policy that now includes program modifications to prevent lengthy suspensions as well as a procedure for tracking the number and duration of suspensions.

Schwartz Center for Children submitted a 10+ day suspension policy that now includes the process of developing a functional behavior assessment, an intervention plan, identification of appropriate alternative educational settings, and conducting a manifestation determination to assess the context of the student’s behavior.

Schwartz Center for Children submitted a written termination policy and procedures that now includes all required elements of this

Schwartz Center for Children Mid-cycle Review Report

December 3, 2009

Page 13 of 26

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

10.1

Staffing for

Instructional

Groupings

28.06(6)(d);

28.09(7)(e)

10.2

Age Range

28.06(6)(f, g)

11.1

Personnel

Policies and

Procedures

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

Documentation

Review

Documentation

Review

Documentation

Review criterion for both planned terminations and emergency terminations.

Schwartz Center for Children submitted a statement that acknowledges the most recent

ESE approved

Student:Licensed Educator

Ratio as well as the approved

Student:Licensed

Educator:Aide Ratio. A block schedule was submitted that indicates the approved ratios are now being maintained in all classrooms.

Schwartz Center for Children submitted an Alternative

Compliance Waiver for the three classrooms where the age range is beyond the 48month required range. The

Department approved the waiver on October 26, 2009.

Schwartz Center for Children submitted its Personnel Policy and Procedures Manual that now includes all required

Schwartz Center for Children Mid-cycle Review Report

December 3, 2009

Page 14 of 26

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

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

(Includes former

Criterion 12.2-i)

11.8

Salary Ranges

18.05(11)(e)

Implementation Status of

Requirements or

Corrective

Action Plan

Determined to be Substantially

Implemented

11.11

Supervision of

Students

Method(s) of

Verification

Comments Regarding

Corrective Action Plan

Implementation elements of this criterion.

Corrective

Action Plan

Determined to be Not

Fully

Implemented or

Additional

Issues

Identified

Documentation

Review

*As of the 2007-2008 academic year, the

Department no longer requires a school to have written salary ranges.

Criterion #11.8 is now reserved.

Schwartz Center for Children submitted a supervision plan that now describes how appropriate supervision is

Schwartz Center for Children Mid-cycle Review Report

December 3, 2009

Page 15 of 26

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

18.03(1)(a)

12.1

New Staff

Orientation and

Training

18.05(11)(g, i);

28.09(7)(f)

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;

Implementation Status of

Requirements or

Corrective

Action Plan

Determined to be Substantially

Implemented

Method(s) of

Verification

Comments Regarding

Corrective Action Plan

Implementation

Documentation

Review,

Personnel

Records

Review provided to students while they are engaged in any school-related activity on and off school grounds.

Schwartz Center for Children submitted a New Staff

Orientation and Training Plan that now includes all the required elements of this criterion.

Documentation

Review,

Personnel

Records

Review

Corrective

Action Plan

Determined to be Not

Fully

Implemented or

Additional

Issues

Identified

Schwartz Center for Children Mid-cycle Review Report

December 3, 2009

Page 16 of 26

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

A review of personnel records indicates that all required in-service training topics have not been provided annually to all staff, where applicable.

Schwartz Center for Children must submit the following:

 The name and job description of the staff person responsible for the development and implementation of the inservice training program/calendar

 A detailed in-service training plan that includes: o on average at least two hours of training per

Criterion

Number and

Topic

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)

(Includes

Criterion 12.2a, 12.2-b, 12.2d, and 12.2-e)

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 month o all required topics o the name and job title of the person conducting the individual training sessions; o the audiences to whom the training will be offered (i.e., special education teachers, direct care staff, social workers and volunteers/interns); o the dates and times when the various training topics will be offered; o the length of time allotted for each topic

(i.e., two hours, ½ day); and o plans for outside training opportunities

(i.e., MAAPS

Conference, conferences on autism,

Schwartz Center for Children Mid-cycle Review Report

December 3, 2009

Page 17 of 26

Criterion

Number and

Topic

12.2 (a)

Details

Behavior

Management and Restraint

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 etc.).

Provide a description of how the program tracks and records individual staff attendance at trainings

Schwartz Center for Children must submit the name and job description of the staff responsible for the in-service training as well as the training program/calendar to the Department by

December 31, 2009.

Schwartz Center for Children must provide the agenda and sign-in sheet for staff that indicates completion of the required training topics by

March 5, 2010 .

*As of the 2007-2008 academic year, the requirements of Criterion

#12.2(a) are incorporated into

#12.2.

Criterion #12.2(a) is now reserved.

Schwartz Center for Children Mid-cycle Review Report

December 3, 2009

Page 18 of 26

Criterion

Number and

Topic

Training

28.09(11),

18.05(5)

12.2 (b)

Child Abuse

Reporting

18.05(9)(j)

Implementation Status of

Requirements or

Corrective

Action Plan

Determined to be Substantially

Implemented

Method(s) of

Verification

Comments Regarding

Corrective Action Plan

Implementation

12.2(c)

Required

Training-

CPR

Certification

18.05(9)(e)

12.2(d)

Details

Medication

Training

18.05(9)(f)(3)(c)

Corrective

Action Plan

Determined to be Not

Fully

Implemented or

Additional

Issues

Identified

Documentation

Review

*As of the 2007-2008 academic year, the requirements of Criterion

#12.2(b) are incorporated into

#12.2. Criterion #12.2(b) is now reserved .

Schwartz Center for Children submitted a written policy and procedures for CPR training and certification that now includes the staff positions/titles of staff to be trained and the frequency of the training and certification.

*As of the 2007-2008 academic year, the elements of

Criterion #12.2(d) are now incorporated into #12.2.

Criterion #12.2(d) is now reserved.

Schwartz Center for Children Mid-cycle Review Report

December 3, 2009

Page 19 of 26

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

12.2(f)

Required

Training-

Emergency

Procedures

18.05(10);

28.09(11)

12.2(g)

Interns and

Volunteers

Training

18.05(11)(i)

12.2 (i)

Staff

Evaluations

Criterion

Number and

Topic

12.2(e)

Student Record

Training

28.09(10)

Implementation Status of

Requirements or

Corrective

Action Plan

Determined to be Substantially

Implemented

Method(s) of

Verification

Documentation

Review

Comments Regarding

Corrective Action Plan

Implementation

Corrective

Action Plan

Determined to be Not

Fully

Implemented or

Additional

Issues

Identified

*As of the 2007-2008 academic year, the elements of

Criterion #12.2(e) are now incorporated into #12.2.

Criterion #12.2(e) is now reserved.

Schwartz Center for Children submitted documentation that indicates evacuations drills and emergency drills have been conducted. The school also submitted written evaluations of the effectiveness of all drills as required.

*As of the 2007-2008 academic year, the training requirements of interns and volunteers are incorporated into Criterion #12.1 and

#12.2. Criterion #12.2(g) is now reserved.

*As of the 2007-2008 academic year, the elements of

Criterion #12.2(i) are incorporated into Criterion

Schwartz Center for Children Mid-cycle Review Report

December 3, 2009

Page 20 of 26

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

18.05(11)(c)1

13.1

Educational

Facilities and

Materials

28.09(8)

13.2

Description of

Physical

Facility

18.04; 28.09(8)

13.7

Library/Resour ce Room

18.04(6)(b)

14.1

Clothing,

Grooming and

Hygiene

18.03(5)

Implementation Status of

Requirements or

Corrective

Action Plan

Determined to be Substantially

Implemented

Method(s) of

Verification

Comments Regarding

Corrective Action Plan

Implementation

Documentation

Review

Documentation

Review,

Observation

#11.1. Criterion #12.2(i) is now reserved.

*As of the 2007-2008 academic year, the

Department is no longer monitoring Criterion #13.1 and it is now reserved.

Schwartz Center for Children submitted a narrative description and floor plans for the school building that indicates the size and function of each room.

Schwartz Center for Children has a library/resource room that now contains a variety of materials appropriate to the age and abilities of the students enrolled.

*As of the 2007-2008 academic year, Criterion

#14.1 applies to Residential

Programs only .

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

Schwartz Center for Children Mid-cycle Review Report

December 3, 2009

Page 21 of 26

Further Corrective Action

Ordered by the

Department of Elementary and Secondary Education and Timelines for

Implementation and

Further Progress

Reporting

Criterion

Number and

Topic

14.3

Toileting

Procedures and

Individual

Plans

18.03(8)

15.1

Parental

Involvement and Parents’

Advisory Group

18.05(4)(a)

15.3

Information to be Translated into Languages

Other Than

English

Title VI;

EEOA: 20

U.S.C. 1703(f);

M.G.L. c. 76, §

5; 603 CMR

26.02(2)

Implementation Status of

Requirements or

Corrective

Action Plan

Determined to be Substantially

Implemented

Method(s) of

Verification

Comments Regarding

Corrective Action Plan

Implementation

Documentation

Review

Schwartz Center for Children submitted a toileting plan that now includes universal precautions for staff.

Documentation

Review

Documentation

Review

Schwartz Center for Children submitted a written plan for involving parents that now includes all elements of this criterion.

Schwartz Center for Children submitted a written plan of how it now ensures parents/ guardians with limited English language skills will be provided important school information.

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

Schwartz Center for Children Mid-cycle Review Report

December 3, 2009

Page 22 of 26

Further Corrective Action

Ordered by the

Department of Elementary and Secondary Education and Timelines for

Implementation and

Further Progress

Reporting

Criterion

Number and

Topic

15.4

Change of

Student’s Legal

Status

18.05(4)(b)

15.5

Parent Consent and Required

Notification

18.05(5)(c);

18.05(8);

18.05(9)(f)(1);

18.05 (9)(j);

M.G.L. c. 71, §

32A

15.7

Consent at Age of Majority

28.07(5)

Implementation Status of

Requirements or

Corrective

Action Plan

Determined to be Substantially

Implemented

Method(s) of

Verification

Comments Regarding

Corrective Action Plan

Implementation

Documentation

Review

Documentation

Review

Schwartz Center for Children submitted written procedures of how the school now ensures that it is informed by a parent/guardian of any changes in a student’s legal status.

Schwartz Center for Children submitted a written policy and procedures to work with school districts to obtain all required consents.

Corrective

Action Plan

Determined to be Not

Fully

Implemented or

Additional

Issues

Identified

*As of the 2007-2008 academic year, the

Department is no longer monitoring Criterion #15.7 and it is now reserved.

Schwartz Center for Children Mid-cycle Review Report

December 3, 2009

Page 23 of 26

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

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;

28 CFR 35.107

16.6

Administration of Antipsychotic

Medication

18.05(9)(f)(9)

Implementation Status of

Requirements or

Corrective

Action Plan

Determined to be Substantially

Implemented

Method(s) of

Verification

Comments Regarding

Corrective Action Plan

Implementation

Documentation

Review

Schwartz Center for Children submitted written procedures for registering complaints and grievances for parents, students, and employees that now includes all required elements of this criterion.

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

Review

Schwartz Center for Children submitted a written policy and procedures for the administration of antipsychotic medication that now contains all required elements of this criterion.

Schwartz Center for Children Mid-cycle Review Report

December 3, 2009

Page 24 of 26

Further Corrective Action

Ordered by the

Department of Elementary and Secondary Education and Timelines for

Implementation and

Further Progress

Reporting

Criterion

Number and

Topic

17.1

Transportation

Safety

28.09(11)(b)

18.1

Confidentiality of Student

Records

28.09(5)(a);

28.09(10);

23.07(1);

M.G.L. c. 71, §

34H

18.2

Student

Records

Implementation Status of

Requirements or

Corrective

Action Plan

Determined to be Substantially

Implemented

Method(s) of

Verification

Comments Regarding

Corrective Action Plan

Implementation

Documentation

Review

Student

Record Review

Schwartz Center for Children submitted written transportation procedures that now include notification of parents/guardians, school districts, human service agencies, and the Department in the event of a motor vehicle accident. In addition, the procedures include mandatory in-service training for any person who is responsible for operating a vehicle that transports students.

Schwartz Center for Children maintains current and complete files for each publicly funded enrolled

Massachusetts student.

Corrective

Action Plan

Determined to be Not

Fully

Implemented or

Additional

Issues

Identified

*As of the 2007-2008 academic, the Department no longer requires a face sheet.

Schwartz Center for Children Mid-cycle Review Report

December 3, 2009

Page 25 of 26

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

(Log of access and face sheet information)

28.09(10)

Implementation Status of

Requirements or

Corrective

Action Plan

Determined to be Substantially

Implemented

Method(s) of

Verification

Comments Regarding

Corrective Action Plan

Implementation

Other elements of this criterion, i.e. legibly dated and signed reports/notes and log of access requirements, are now incorporated into

Criterion #18.1. Criterion

#12.2 includes training requirements about student record policies and confidentiality issues for all teaching staff and any other staff who oversees, maintains or accesses student records.

Criterion #18.2 is now reserved.

Corrective

Action Plan

Determined to be Not

Fully

Implemented or

Additional

Issues

Identified

Criterion

Number and

Topic

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

Schwartz Center for Children Mid-cycle Review Report

December 3, 2009

Page 26 of 26

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