MASSACHUSETTS DEPARTMENT OF ELEMENTARY AND SECONDARY EDUCATION REPORT Fall River Public Schools Dates of the Mid-cycle Review Onsite: January 24-26, 2012 Date of this Report: March 30, 2012 PLEASE NOTE THAT THIS REPORT IS IN TWO SECTIONS. Required Special Education Criteria Monitored in this Mid-cycle Review Current special education criteria available by scrolling down to the special education instrument at Criterion Criterion Implemented Criterion Partially Implemented (PI) or Not Implemented (NI) Method(s) of Investigation Basis of Determination about Criterion If Partially Implemented or Not Implemented: Required Corrective Action and Timelines for Implementation (b) Progress Report Due Date(s) and Required Elements SE 7 Transfer of parental rights and student participation and consent at age of majority Student Records Interviews One year prior to the student reaching age 18, the district informs the student and parent/guardian of the rights that will transfer from the parent/guardian to the student upon the student’s 18th birthday.
required information. SE 25 Parental consent PI Student Records Interviews If the parent revokes his/her consent to the student’s special education services in writing, the district does not always act promptly to discontinue services based on revocation of consent. Team chairpersons and service providers indicated that they would propose an evaluation rather than provide, in a timely manner, the required written notice of the district’s proposal to discontinue services based on the revocation of consent, as well as information on how the parent can obtain a copy of his/her right to procedural safeguards. This process was also Develop procedures pertaining to revocation of parental consent to the student’s special education services. The procedures should indicate that upon receipt of a written request from a parent to discontinue special education services the district must: Discontinue all special education services; Act promptly to provide written notice to the parent/guardian of the district’s proposal to discontinue services based on the revocation of consent; Provide information on how the parent can obtain a copy of his/her rights to procedural safeguards; Provide the notice a Submit a copy of the district’s procedures and evidence of staff training, including an agenda and signed attendance sheet (indicating role of staff). Submit a description of the oversight and tracking system and identify the person(s) responsible for the oversight. Submit this information by June 15, 2012.
evident in the review of student records and the administration acknowledged a lack of training for staff related to regulations regarding revocation of parental consent. The student record review also demonstrated that the district obtains written parental consent before conducting an evaluation. In addition, written parental consent is obtained before placement of a student in special education. reasonable time before the district intends to discontinue the services; and The district may not use mediation or request a due process hearing to obtain agreement or a ruling requiring the continuation of services. Train appropriate staff on these procedures. Develop an internal oversight and tracking system for ensuring that appropriate are taken when a parent revokes his/her consent in writing to the student’s special education services. The tracking system should include supervisory oversight and periodic reviews to ensure ongoing compliance. Develop a report of the results of an internal review of student records in which Submit a report of the results of an internal review of student records and include the following: 1) Number of records reviewed; 2) Number of student records in compliance; 3) Results of the root cause analysis of any records not in compliance; 4) Specific actions taken by the district to remedy any non-compliance. Submit this report by December 10, 2012.
Additional Special Education Criteria Monitored in this Mid-cycle Review Current special education criteria available by scrolling down to the special education instrument at Criterion Criterion Implemented Criterion Partially Implemented (PI) or Not Implemented (NI) Method(s) of Investigation Basis of Determination about Criterion If Partially Implemented or Not Implemented: (a) Required Corrective Action and Timelines for Implementation (b) Progress Report Due Date(s) and Required Elements SE 1 Assessments are appropriately selected and interpreted for students referred for evaluation Student Records Assessments are appropriately selected and interpreted for students at all levels who are determined eligible as a result of an emotional impairment or due to behavioral issues. Students are not placed in emotional disability/ behavioral disability classes without appropriately assessed in the areas of suspected
assessments Interviews educational progress in the general curriculum as well as an assessment by a teacher(s) with current knowledge regarding the student’s specific abilities in relation to learning standards of the Massachusetts Curriculum Frameworks and the district’s general education curriculum, were consistently conducted by a building based representative in all schools except the James Madison Morton Middle School and the Spencer Borden Elementary School. The district is consistently conducting classroom observations for students upon receipt of consent from the parent, including students suspected of having a specific learning disability. Assessments are Reconvene IEP Teams to review the results of the assessments and determine whether the individual student’s current IEP is appropriate. Review the student records in which an evaluation was conducted this past school year at the James Madison Morton Middle School and the Spencer Borden Elementary School and analyze the information pertaining to educational assessments, in particular identify which staff members are responsible for completing educational assessments and the frequency of this Based on the analysis, indicate the specific corrective actions to be taken to remedy the Develop an internal oversight and tracking system to ensure that the educational assessments are appropriately completed by a building-based representative of the school district for all initial evaluations and re-evaluations at the James Madison Morton Middle compliance. completed for the individual students identified by the Department, as well as copies of the Team Meeting Invitation (N3) and Team Meeting Attendance Sheet (N3A) as evidence that the IEP Teams reconvened to review the assessment results. Describe the outcomes of the district’s root cause analysis with the specific corrective actions taken to remedy the and associated timelines. Submit a description of the internal oversight and tracking system and compliance.
related to the area of suspected disability. The district conducts special education assessments at the preschool level, and not only screenings. The district identifies students with emotional impairments at the preschool level and they conduct an assessment when young children exhibit social, emotional or behavioral issues and there is a suspected disability. The district also does not place preschool students on ancillary service plans and delay evaluations until kindergarten. School and the Spencer Borden Elementary School. The tracking system should include supervisory oversight and periodic reviews to ensure Develop a report of the results of an internal review of student records at the James Madison Morton Middle School and the Spencer Borden Elementary School in which an evaluation was conducted since implementation of all of the district’s corrective actions for evidence of compliance with completing educational assessments. *Please note that when monitoring the district must maintain the following documentation and make it available to the Department upon request: a) List of student names and grade levels for the record review; b) Date of the review; c) Name of persons who conducted the review, their roles and their signatures. identify the person(s) responsible for the oversight. Submit the information indicated above by June 15, 2012. Submit a report of the results of an internal review of records and include the following: 1) Number of records reviewed; 2) Number of records; 3) Results of the root cause analysis of any records in non-compliance; and 4) Specific corrective actions taken by the district to remedy any Submit this report by December 10,
2012. SE 3 Special requirements for determination of specific learning disability Student Records Interviews The district is using the required specific learning disability (SLD) forms and is routinely conducting student observations in the classroom settings. SE 4 Reports of assessment results PI Student Records Interviews Summaries of assessment results are completed two days prior to the Team meeting. Reports of assessment results do not always define in detail and in educationally relevant and common terms, the student’s needs, offering explicit means of meeting those needs. Identify the staff responsible for writing reports of assessment results and provide training to these staff members on the required content. Develop an internal oversight and tracking system to ensure that reports of assessment results define in detail and in educationally relevant and common terms, the student’s needs, offering explicit means of meeting those needs. The tracking system should include supervisory oversight and periodic reviews to ensure Submit evidence of staff training, including the agenda, training materials and signed attendance sheets (indicating role of staff). Submit a description of the internal oversight and tracking system and identify the person(s) responsible for the
SE 6 Determination of transition services Student Records Beginning no than when the student is 14 years old at all schools, including Resiliency High School, the Team discusses the student’s transition needs and documents its discussion on the Transition Planning Form. SE 9 Timeline for determination of eligibility and provision of documentation to parent Student Records The district determines whether the student is eligible for special education and provides to the parent either a proposed IEP and proposed placement or a written explanation of the finding of no eligibility within 45 school working days of receipt of the parent’s written consent to an initial evaluation or SE 9A Elements of Student Records The district evaluates students when determining
the eligibility determination; general education and services for ineligible students eligibility for special education; students at Resiliency High School are not placed in special education classes without an evaluation. If a Team determines that a student is not eligible for special education but may be eligible for accommodations for disabilities under Section 504, the student is considered for eligibility under that regular education program. The district does not make a finding of eligibility for special education for limited English proficient students lack of progress is due to a lack of instruction in reading or mathematics or due to limited English proficiency, but not due to a disability.
SE 11 School district response to parental request for independent educational evaluation Student Records The district reconvenes the Team within ten school days from the time the school district receives the report of an independent educational evaluation to consider the independent educational evaluation and whether a new or amended IEP is appropriate. SE 12 Frequency of re-evaluation Student Records Re-evaluations are conducted every three years at all levels. SE 13 Progress reports and content Student Records Interviews Progress reports include the student’s progress towards reaching the goals set forth in the IEP. At all levels, progress reports were found in student records and were sent to the parent at least as often as parents are informed of the progress of students. Individual service
organizations. SE 17 Initiation of services at age three and early intervention transition procedures Student Records Interviews The district implements procedures to ensure the effective transition of children with disabilities, district staff participate in transition meetings or transition planning conferences. SE 18B Determination of placement; provision of IEP to parent Student Records Interviews At the Team meeting, after the IEP has been fully developed, the Team determines the appropriate placement to deliver the services on the student’s IEP. The decision regarding placement is based on the IEP and the individual needs of the student. Team chairpersons are not required to seek approval from central office separate from the Team process. SE 20 Student
days, it is documented in their IEPs. SE 22 IEP and availability PI Student Records Interviews IEPs are implemented as written at Resiliency High School. Students in classes are not pulled out into substantially separate groupings for instruction, contrary to the IEP service delivery grids. Teachers do not arbitrarily determine whether to implement services in class or contrary to the accepted IEP. IEPs of limited English proficient students who come from Puerto Rico are implemented by the district. The district evaluates students before they are determined to be no longer eligible for special Implement a support system for vocational education teachers by assigning special education teachers to consult with vocational education teachers regarding the implementation of accommodations and modifications defined in their students’ IEPs. Develop an internal oversight system to ensure that the special educators and vocational education teachers consult regarding their students’ IEPs at the beginning of the school year and whenever an IEP is modified. Monitor a sample of vocational technical education classes and develop a report of the results of this review after implementation of all of the district’s corrective actions for evidence of compliance with implementation of students’ IEPs. *Please note that when monitoring the district must maintain the following documentation and make Submit a description of the support system put in to ensure that vocational education teachers are familiar with their responsibilities regarding the implementation of their students’ IEPs. Submit a description of the oversight system and identify the person(s) responsible for the oversight. Submit this information by June 15, 2012. Submit a report of the results of the internal monitoring and include the following:
education or related services. Students have IEPs in effect at the start of the school year. Although vocational technical education teachers have been trained on how to access their student’s IEPs within the database, vocational technical education teachers at Durfee High School are not always familiar with their specific responsibilities related to the implementation of the student’s IEP and the specific accommodations, modifications, and supports that must be provided for the student under it. it available to the Department upon request: a) List of student and grade levels for the record review; b) Date of the review; c) Name of persons who conducted the review, their roles and their signatures. 1) Number of classes observed; 2) Number of classes in compliance with implementation of students’ IEPs; 3) Results of the root cause analysis for any found; 4) Specific actions taken by the district to remedy any Submit this report by December 10, 2012. SE 24 Notice to parent regarding Student Records When a student is referred for an evaluation to determine eligibility for
proposal or refusal to initiate or change the identification, evaluation, or educational placement of the child or the provision of FAPE special education, the school district sends written notice to the child's parents within five school days of receipt of the referral. In addition, Notices of Proposed School District Action (N1) address all required information and are sent with Evaluation Consent Forms (N1A). SE 26 Parent participation in meetings Student Records When a parent does not attend the IEP Team meeting, the district documents its use of other methods to ensure parent participation, including individual or conference telephone calls, or video conferencing. SE 27 Content of Team meeting notice to parents Student Records IEP Team meeting notices sent to parents include the names of the general education content area teachers who will be in attendance.
included in IEP service delivery grids, when appropriate. SE 36 IEP accountability and financial responsibility PI Student Records Interviews Except for the IEPs of students in the vocational technical education program at Durfee High School, the district oversees in an ongoing manner the full implementation of each IEP it proposes which has been consented-to by the parent. See SE 22. See SE 22. SE 37 Procedures for approved and un-approved out-of-district placements Student Records The district documents monitoring activities for students placed in placements. SE 41 Age Span Requirements PI Document Review Interview Observation At the time of the review there was one classroom in which the ages of the youngest and oldest student in the instructional grouping did differ by By the beginning of the 2012-2013 school year, the district must relocate the class identified in the age span waiver request to a middle school or high school facility. Submit a description of the proposed location for this Include a site plan of the school indicating the
SE 46 Procedures for suspension of students with disabilities Student Records Interviews The district notifies parents of the decision to take disciplinary action and provides them with the written notice of procedural safeguards. The district ensures that limited English proficient or non-English speaking parents receive this information in a language that they understand. SE 48 Equal opportunity to participate in educational, nonacademic, and ancillary programs, as well as participation in regular education Student Records Interviews Document Review Special education students at the Viveiros Elementary School have opportunities to participate in art and music. At the James Madison Morton Middle School, students who are placed in strategies classes for academic support have art and music. At the middle school level, special education students have opportunities to participate in field trips and