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 2, 2009 Denis Grandbois Executive Director St. Ann’s Home & School 100A Haverhill Street Methuen, MA 01844 Re: Mid-cycle Review and Verification of previous Program Review Corrective Action Plan Dear Mr. Grandbois: 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 June 28, 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 March 31, 2010. The reasons for the “Provisional Approval” are clearly indicated on the attached Mid-cycle Review Report. As the Department previously informed you, in cases where a program fails to fully and effectively implement a Corrective Action Plan which was proposed by your program and approved by the Department, the Department must then prepare a Corrective Action Plan for the program which must be implemented without further delay. You will find these requirements for corrective action and further progress reporting included in the attached report, together with any steps that must be taken by the program to fully implement new special education requirements. Please provide the Department with your written assurance that the Department's requirements for corrective action will be implemented by your program within the timelines specified. Your statement of assurance must be submitted to the Department's Onsite Chairperson by December 21, 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 781-338-3713. Sincerely, Helen M. Murgida, Mid-cycle Review Chairperson Program Quality Assurance Services Darlene Lynch, Director Program Quality Assurance Services c: Mitchell D. Chester, Ed.D., Commissioner of Elementary and Secondary Education James Santangelo, Chairperson, Board of Directors, St. Ann’s Home & School Teresa Jones, Director of Education, St. Ann’s Home & School Encl.: Mid-cycle Review Report Provisional Private School Approval Certificate, Expiration Date: March 31, 2010 Page 2 of 2 MASSACHUSETTS DEPARTMENT OF ELEMENTARY AND SECONDARY EDUCATION PRIVATE SCHOOL MID-CYCLE REVIEW ST. ANN”S HOME & SCHOOL, INC. DAY AND RESIDENTIAL PROGRAM MID-CYCLE REVIEW REPORT Previous Program Review Corrective Action Plan Submitted on June 28, 2007 Progress Reports Submitted on August 17. 2007, January 11, 2008 and May 30. 2008 Mid-cycle Onsite Visit Conducted on November 5 and 6, 2009 Date of this Report December 2, 2009 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 Program Mid-cycle Review Criteria St. Ann’s Home and School Mid-cycle Review Report December 2, 2009 Page 1 of 12 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 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 Schools only) 8.4 Program Modifications and Support Services for Limited English Proficient Students Implementation Status of Requirements or Corrective Action Plan Determined to be Substantially Implemented Method(s) of Verification Comments Regarding Corrective Action Plan Implementation Documentation St. Ann’s Home submitted all current approvals, licenses, and certificates of inspection. Documentation The EEC licensures are current for the residential program. Documentation St. Ann’s Home submitted a written policy on how they will implement necessary program modifications and support services for limited English proficient students that meets all the requirements stated in the criterion. Corrective Action Plan Determined to be Not Fully Implemented or Additional Issues Identified M.G.L. c. 71A; Title VI St. Ann’s Home and School Mid-cycle Review Report December 2, 2009 Page 2 of 12 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 8.5 Current IEP & Student Roster 28.09(5)(a) 11.3 Educational Administrator Qualifications 28.09(5)(a); 28.09(7)(a); 603 CMR 44.00 11.4 Teachers (Special Education Teachers and Regular Education Teachers) Implementation Status of Requirements or Corrective Action Plan Determined to be Substantially Implemented Method(s) of Verification Comments Regarding Corrective Action Plan Implementation Documentation The current IEP and student roster is complete and contains all required elements. Documentation The Educational Administrator meets the required qualifications to serve in this position. 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 2007 Program Review found St. Ann’s School in noncompliance for having paraprofessionals design and implement lesson plans instead of having licensed or waivered teachers write lesson plans and supervise By January 6, 2010, St. Ann’s Home must provide a written plan for the process licensed or waivered teachers will follow to design instruction for all subject areas being taught to students by paraprofessionals and the method of oversight by the Educational Administrator. Personnel Records Documentation Personnel Records Interviews Observations 28.09(7)(b)(c) 18.05(11(f) St. Ann’s Home and School Mid-cycle Review Report December 2, 2009 Page 3 of 12 By March 3, 2010, St. Ann’s Home must submit copies of 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 11.5 Related Services Staff 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 paraprofessional in implementing these lesson plans as required. Interviews and observations from this Mid-cycle Review indicate that St.Ann’s remains in noncompliance as paraprofessionals continue to design and provide small group instruction in the areas of Mathematics and English Language Arts and one paraprofessional is designing and providing large group instruction in the area of science. lesson plans led by paraprofessionals showing that the lesson plans were written and signed by a licensed or waivered educator who supervises paraprofessionals as required for the time period of January and February 2010. Documentation Personnel Records The related service roster is complete and all related service providers are now currently licensed or certified in their respective areas. St. Ann’s Home and School Mid-cycle Review Report December 2, 2009 Page 4 of 12 Criterion Number and Topic 11.6 Master Staff 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 The master staff roster is complete and contains all the required elements. 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 28.09(7) Identified Areas of Non-Compliance During the 2007 Program Review or Other Areas of Concern 4.2 Public Information and Postings Observations Observations indicate that emergency evacuation routes are now posted throughout the school and residences. Documentation St. Ann’s Home’s admissions policies and procedures now state that the admissions policies and procedures are made available to parents and students at any time upon request as required. The policies and procedures now also state that students must have documentation from a licensed physician of a 28.09(6)(a, b, c, d, e); 28.09(2)(b)(4) 5.1 Student Admissions 28.09(11); 18.05(1)(b)(117); 18.05(2); 18.05(3)(c) St. Ann’s Home and School Mid-cycle Review Report December 2, 2009 Page 5 of 12 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 complete examination not more that twelve (12) months before admission, or in the event of an emergency placement, the school shall make provisions for a complete examination of the student within thirty (30) days of admissions as required. 8.8 IEP – Progress Reports Documentation Interviews 28.07(3); 34 CFR 300.320(a)(3)( i, ii) 9.4 Physical Restraint (Day programs only) 18.05(5); 603 CMR 46.00 Documentation St. Ann’s Home now contacts sending school districts requesting for the student’s IEP Team to reconvene when it is determined that the student is not making progress towards meeting annual goals. St. Ann’s Home’s restraint policy now includes the requirements of 603 CMR 46.00, which describes how physical restraint procedures are implemented by the day program staff for the day students. St. Ann’s Home and School Mid-cycle Review Report December 2, 2009 Page 6 of 12 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 Implementation Status of Requirements or Corrective Action Plan Determined to be Substantially Implemented Method(s) of Verification Comments Regarding Corrective Action Plan Implementation Documentation St. Ann’s Home now reconvenes students’ IEP Teams when suspensions for three (3) consecutive school days or five (5) nonconsecutive school days in a school year occur to explore all possible program modifications within the school in an attempt to prevent more lengthy suspension of the student from the program. Interviews 18.05(6) 9.6 10+ Day Suspensions Documentation Interviews 34 CFR 300.530 – 537 18.05(7) Corrective Action Plan Determined to be Not Fully Implemented or Additional Issues Identified St. Ann’s Home now reconvenes students’ IEP Teams when suspensions exceed 10 consecutive school days or a pattern has developed for exclusions to the student support center exceeding 10 cumulative days. St. Ann’s Home now requests the student's responsible school district to convene an IEP Team meeting prior to a suspension that constitutes a change in St. Ann’s Home and School Mid-cycle Review Report December 2, 2009 Page 7 of 12 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 placement of a student with disabilities. Students who are excluded from the classroom now receive their educational program with the assistance of a teaching assistant. 11.1 Personnel Policies and Procedures Manual Documentation St. Ann’s Home personnel policies and procedures now includes using volunteer and/or intern services and states how often Criminal Offender Record Information (CORI) checks are completed on all staff as required. Documentation St. Ann’s Home now conducts all mandated trainings to all staff including, reporting abuse and neglect of students to the Department of Children and 18.05(11); 18.05(11)(c)(1); 28.09(7); 28.09(11)(a); M.G.L. c. 71, § 38R; ESE Advisory on CORI revised 5/7/07 12.2 InService Training Plan and Calendar 28.09(7)(f); Personnel Records Interviews St. Ann’s Home and School Mid-cycle Review Report December 2, 2009 Page 8 of 12 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 28.09(9)(b); 28.09(10); 18.03(3); 18.05(9)(e)(1); 18.05(10); 18.05(11)(h) Title VI: 42 U.S.C. 2000d; 34 CFR 100.3; EEOA: 20 U.S.C. 1703(f); Title IX: 20 U.S.C. 1681; 34 CFR 106.31106.42; M.G.L. c. 76, § 5; 603 CMR 26.00, esp. 26.07(2, 3) Corrective Action Plan Determined to be Not Fully Implemented or Additional Issues Identified Families and/or the Disabled Persons Protection Commission and emergency procedures including evacuation and emergency drills as required. St. Ann’s Home now conducts additional required in-service training topics to all teaching staff as required, including how the learning standards of the Massachusetts Curriculum Frameworks are incorporated into the program’s instruction procedures for the inclusion of all students in MCAS testing and/or alternate assessments and student record policies and confidentiality. St.Ann’s Home training plan now includes provisions for the training of interns, volunteers or others who work at the program. St. Ann’s Home and School Mid-cycle Review Report December 2, 2009 Page 9 of 12 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 12.2(c) Required TrainingCPR Certification 18.05(9)(e) 13.7 Library/ Resource Room Implementation Status of Requirements or Corrective Action Plan Determined to be Substantially Implemented Method(s) of Verification Comments Regarding Corrective Action Plan Implementation Documentation Interviews St. Ann’s Home’s policy regarding basic/emergency first aid training now states that all staff are trained annually as required. Interviews Observations 18.04(6)(b) 15.3 Information to be Translated into Languages Other than English 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 St. Ann’s Home translates documents such as IEPs to parents or guardians with limited English language skills; however, progress reports were not translated as required. St. Ann’s Home must submit a sample of three translated progress reports to the Department by February 1, 2010. Personnel Records Corrective Action Plan Determined to be Not Fully Implemented or Additional Issues Identified Interviews St Ann’s library services are now fully integrated into the curriculum of the educational program and provide a variety of materials appropriate to the age and abilities of the students as required. Student Records Title VI; EEOA: 20 St. Ann’s Home and School Mid-cycle Review Report December 2, 2009 Page 10 of 12 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 U.S.C. 1703(f); M.G.L. c. 76, § 5; 603 CMR 26.02(2) 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 Documentation St. Ann’s Home has a policy regarding the filing of complaints by parents and students which is now communicated to parents and students through the dissemination of an information packet mailed at the beginning of each school year. St. Ann’s Home and School Mid-cycle Review Report December 2, 2009 Page 11 of 12 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 16.4 Emergency First Aid and Medical Treatment Implementation Status of Requirements or Corrective Action Plan Determined to be Substantially Implemented Method(s) of Verification Comments Regarding Corrective Action Plan Implementation Documentation St. Ann’s Home policies and procedures regarding emergency first aid now contains procedures to be followed in the case of illness or emergency if parents cannot be reached and as required. Interviews 18.05(9)(e, f) 16.5 Administratio n of Medication 18.05(9)(f)(8) 16.6 Administratio n of Antipsychotic Medication Corrective Action Plan Determined to be Not Fully Implemented or Additional Issues Identified Documentation Interviews St. Ann’s Home policies and procedures on the Administration of Medication now contain all required elements. St. Ann’s Home policies and procedures on the Administration of Antipsychotic Medication now contain all required elements. 18.05(9)(f)(9) St. Ann’s Home and School Mid-cycle Review Report December 2, 2009 Page 12 of 12 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