MassachusettsDepartment of
Elementary and Secondary Education
75 Pleasant Street, Malden, Massachusetts 02148-4096 Telephone: (781) 338-3700
TTY: N.E.T. Relay 1-800-439-2370
August 6, 2013
Judith Houle, Superintendent
Belchertown Public Schools
14 Maple Street
Belchertown, MA 01007
Re: Mid-cycle Report
Dear Superintendent Houle:
Enclosed is the Department of Elementary and Secondary Education's Mid-cycle Report based on the onsite visit conducted in your district in May 2013. During the Mid-Cycle Review the Department monitored selected special education criteria to determine your district’s compliance with special education laws and regulations. The review consisted of information gathered from one or more of the following activities: interviews, review of student records, examination of documentation, and classroom observation(s).
The Department determined that one or more of the criteria monitored in your district was “Partially Implemented” or “Not Implemented.”In all instances where noncompliance was found, the Department has prescribed corrective action for the district. This corrective action must be implemented as soon as possible, but in no case later than a year from the date of this report. You will find these requirements for corrective action included in the enclosed report, along with requirements for submitting progress reports using the enclosed form.
Please provide the Department with your written assurance that all of the required corrective action will be implemented by your district within the timelines specified in the report. You must submit your statement of assurance to Darlene Lynch, Director, Program Quality Assurance Services, by August 22, 2013.
Your staff's cooperation throughout this Mid-cycle Review is appreciated. If you have questions about this letter or the enclosed report, please do not hesitate to contact Marc Oldenburg at
413-314-6707.
Sincerely,
Marc Oldenburg, Mid-cycle Review Chairperson
Program Quality Assurance Services
Darlene A. Lynch, Director
Program Quality Assurance Services
cc:Mitchell D. Chester, Ed.D., Commissioner of Elementary and Secondary Education
Michelle Poulin, Supervisor, Program Quality Assurance Services
Dr. Linda Tsoumas, School Committee Chairperson
KristiGuzzo, Director of Special Education
Encs:Mid-cycle Report
Mid-cycle Progress Report Form
1
MASSACHUSETTS DEPARTMENT OF ELEMENTARY AND SECONDARY EDUCATIONMID-CYCLE REPORT
Belchertown Public Schools
Dates of the Mid-cycle Review Onsite: May 6-7, 2013
Date of this Report: August 6, 2013
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:
(a)Required Corrective Action andTimelines 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 / PI / Student record review
Documents
Interview / Student record review, documents, and interview indicate that one year prior to the student reaching the age of majority, the district does not inform the parents/guardians and the student of the rights that will transfer from the parent or guardian to the student upon the student’s 18th birthday.
At the age of majority, the district does implement procedures to obtain consent from the student to continue the student’s special education program. / Conduct an analysis of student records for students who turned age 17 from January 2013 to June 2013to determine why, one year prior to the student reaching the age of majority, the district does not inform the parents/guardians and the student of the rights that will transfer from the parent or guardian to the student upon the student’s 18th birthday.
Develop an internal tracking and oversight system with periodic review by designated persons(s) responsible to ensure that that one year prior to a student reaching the age of majority, the district does inform the parents/guardians and the student of the rights that will transfer from the parent or guardian to the student upon the student’s 18th birthday.
Conduct a second review of records of students who have turned 17, after all corrective actions have been completed, to verify that the district is informing the student, parents, and/or guardians, one year prior, of the rights that will transfer from the parent to the student at the age of majority. / Submit to the Department the results of the district’s analysis of student records. Include a description of the root cause(s) of the noncompliance, a description of the steps the district will take to correct the root cause(s), and the district’s proposed timeline for implementation of corrective actions by November 1, 2013.
Submit a description of the district’s internal oversight and tracking system with periodic review, along with the name/role of the designated person(s) responsible by November 1, 2013.
Submit a report of the results of the second record review. Include the number of records reviewed; the number of records in compliance; for records not in compliance, determine the root cause(s); and the specific action(s) taken by the district to remedy the non-compliance by February 28, 2014.
SE 8
IEP Team composition and attendance / / Student record review
Documents
Interview / All members of the IEP Team are in attendance at Team meetings unless the parent and the district agree, in writing, to use alternative means such as video or conference call. It is also documented in writing if the attendance of a Team member is excused because that member’s area of the curriculum or related service is not being discussed;or if a Team member’s attendance is required, the parent does excuse that member, in writing, and the required Team member provides written input into the development of the IEP prior to the Team meeting.
SE 18A
IEP Development and content / PI / Student record review
Documents
Interview / Student record review and documents indicate that all required elements of the IEP are completed, specifically the sections on Present Levels of Educational Performance A & B and service delivery grids.
However, student record review, documents, and interview indicate that when the IEP Team evaluation finds that a student’s disability affects social skills development, or when the student’s disability makes him or her vulnerable to bullying, harassment or teasing, or when a student has been diagnosed with a disability on the autism spectrum, the Team does not consider and specifically address the skills and proficiencies needed to avoid and respond to bullying, harassment, or teasing. / Conduct a training for all special education Team Chairpersons and special education teacherson bullying, harassment or teasing of vulnerable students, using the Department’s Technical Assistance AdvisorySPED 2011-2:Bullying Prevention and Intervention (
sped/advisories/11_2ta.html) and the additional resource document “Addressing the Needs of Students with Disabilities in the IEP and in School Bullying Prevention and Intervention Efforts”
(
Develop an internal tracking and oversight system with periodic review by designated persons(s) responsible to ensure that when the IEP Team evaluation indicates that a student’s disability affects social skills development, or when the student’s disability makes him or her vulnerable to bullying , harassment or teasing or when a student has been diagnosed with a disability on the autism spectrum, the Team considers and specifically address the skills and proficiencies needed to avoid and respond to bullying, harassment, or teasing.
Conduct a review of student records from those students who were evaluated by the district, after all corrective actions were completed,to verify that when the IEP Team evaluation indicates that a student’s disability affects social skills development, or when the student’s disability makes him or her vulnerable to bullying , harassment or teasing, or when a student has been diagnosed with a disability on the autism spectrum, the Team considers and specifically address the skills and proficiencies needed to avoid and respond to bullying, harassment or teasing. / Submit to the Department evidence of staff training (agenda, signed and dated attendance sheet with staff role, and training material) by November 1, 2013.
Submit a description of the district’s internal oversight and tracking system with periodic review, along with the name/role of the designated person(s) responsible by November 1, 2013.
Submit a report of the results of the record review. Include the number of records reviewed; the number of records in compliance; for records not in compliance, determine the root cause(s); and the specific action(s) taken by the district to remedy the non-compliance by February 28, 2014.
SE 25
Parental consent / / Documents
Interview / Document review and interview indicate that the district obtains written parental consent and documents that it utilizes a variety of methods to secure consent when needed.
Documentation review and interview indicate the districthas procedures for when a parent/guardian revokes consent for special education services in writing, which includes the district‘s need to act promptly to provide written notice to the parent or guardian of the district´s proposal to discontinue services, as well as to provide the parent with information on how they may obtain a copy of their right to procedural safeguards. The district’s procedures also include notice a reasonable time before the district intends to discontinue the services and that the district may not use mediation or request a due process hearing to obtain agreement or a ruling requiring the continuation of services, consistent with federal regulation.
At the time of the review, no parent had revoked consent for a student's special education services during the period of one year prior to the mid-cycle review.
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 / / Student record review
Interview
Documents / Tests and other evaluation methods are appropriately selected when assessing a student’s specific area ofdisability. Testing was conducted in a student’s native language.
SE 2
Required and optional assessments / / Student record review
Documents
Interview / All areas related to a student’s suspected disability are routinely assessed by the district at all grade levels. An educational assessment is completed by the district as well as an assessment by a teacher with current knowledge of the student’s specific abilities as they relate to the Massachusetts Curriculum Frameworks. The district works closely with local early intervention agencies in assessing the needs of identified students before the age of three. Optional assessments are completed at the request of the administrator of special education or parent.
SE 5
Participation in State and district-wide assessments / / Student record review
Documents
Interview / Student record review, documents and interviewindicate that for students age 18 and over, the district records that the student has passed the MCAS or MCAS-Alternative. At the time of the review, the district had not applied for a MCAS performance appeal within one academic year.
SE 9
Timeline for the determination of eligibility / PI / Student record review
Documents
Interview / Student record review, documents, and interview indicate that the district does not consistently provide the parent with a proposed IEP and proposed placement, or a written explanation of the finding of no eligibility, within 45 working days after receipt of the parent’s consent to evaluate. / Conduct an analysis of a cross section of student records across all grade levels from January 2013 to June 2013 to determine why the district does not consistently meet the timelines for student eligibility.
Conduct a review of student records from those students who were evaluated by the district after all corrective actions were completed to verify that all timelines for the determination of student eligibility are met. / Provide the Department with a description of the root cause(s) of the noncompliance, a description of the steps the district will take to correct the root cause(s), and the district’s proposed timeline for implementation of corrective actions by November 1, 2013.
Submit a report of the results of the record review. Include the number of records reviewed; the number of records in compliance; for records not in compliance, determine the root cause(s); and the specific action(s) taken by the district to remedy the non-compliance by February 28, 2014.
SE 10
End of school year evaluations / / Student record review
Documents
Interview / Student record review, documents, and interview indicate that when the district receives parental consent to evaluate between 30 and 45 school working days before the end of the school year, it does schedule a Team meeting to ensure that the proposed IEP or notice that the student is not eligible for services, is sent to the parent no later than 14 days after the end of the school year.
SE 12
Frequency of re-evaluation / / Student record review
Documents
Interview / The district, with parental consent, conducts a full re-evaluation every three years, unless the parent and district agree that it is unnecessary.
SE 13
Progress reports and content / / Student record review
Documents
Interview / Student records contained all required progress reports with the appropriate corresponding date for that progress reporting period, and reflected information specific to the student’s IEP goal(s).
SE 14
Review and revision of IEPs / PI / Student record review
Documents
Interview / Student record review, documents, and interview indicate that at least annually, on or before the anniversary date of the IEP, a Team meeting is not consistently held to consider the student’s progress and to review, revise, or develop a new IEP or refer the student for a re-evaluation, as appropriate.
Furthermore, record review and interview indicate that the district maintains a practice of issuing IEP amendments to parents or guardians for the purpose of extending the annual IEP. / Conduct an analysis of a cross section of student records across all grade levels from January 2013 to June 2013 determine why, at least annually, on or before the anniversary date of the IEP, a Team meeting is not held to consider the student’s progress and to review, revise, or develop a new IEP or refer the student for a re-evaluation, as appropriate.
Conduct a second review of records for students whose annual review meetings were held after all corrective actions have been completed, to verify that at least annually, on or before the anniversary date of the IEP, a Team meeting is held to consider the student’s progress and to review, revise, or develop a new IEP or refer the student for a re-evaluation, as appropriate. / Provide the Department with a description of the root cause(s) of the noncompliance, a description of the steps the district will take to correct the root cause(s), and the district’s proposed timeline for implementation of corrective actions by November 1, 2013.
Submit a report of the results of the second record review. Include the number of records reviewed; the number of records in compliance; for records not in compliance, determine the root cause(s); and the specific action(s) taken by the district to remedy the non-compliance by February 28, 2014.
SE 15
Outreach by the school district / / Documents
Interview / The district conducts outreach to community and professional organizations several times a year, from which promotion or transfer of students in need of special education services may occur. These organizations include clinical and health care groups, group homes, parent organizations, early childhood organizations, and agencies serving homeless persons.
SE 18B
Provision of IEP to parent / PI / Student record review
Documents / Student record review and documents indicate that the summary of proposed IEP services provided to the parent at the conclusion of the Team meeting does not include all required elements, specifically, a statement of the major goal areas associated with the services proposed on the service delivery grid.
Student record review, documents, and interview indicate that placement is no longer pre-determined by the district prior to the Team meeting. / Conduct a training for special education Team Chairpersons on the required elements associated with providing parents/guardians with a summary of proposed services at the conclusion of an IEP Team meeting. Please refer to the memorandum on the Implementation of 603 CMR 28.05(7): Parent response to proposed IEP and proposed placement at
Develop an internal tracking and oversight system with periodic review by designated persons(s) responsible to ensure that when parents receive a summary of the proposed IEP, it includes all required elements, specifically, a statement of the major goal areas associated with the services proposed on the service delivery grid.
Subsequent to staff training and corrective actions, conduct an analysis of a cross section of student records for students across all grade levels who had a Team meeting between October 2013 to December 2013, to ensure that parents/guardians are provided with a summary of proposed services at the conclusion of an IEP Team meeting that includes all required elements, specifically, a statement of the major goal areas associated with the services proposed on the service delivery grid. / Submit to the Department evidence of staff training (agenda, signed and dated attendance sheet with staff role and name, and training materials) by November 1, 2013.
Submit a description of the district’s internal oversight and tracking system with periodic review, along with the name/role of the designated person(s) responsible by November 1, 2013.
Submit a report of the results of the record review. Include the number of records reviewed; the number of records in compliance; for records not in compliance, determine the root cause(s); and the specific action(s) taken by the district to remedy the non-compliance by February 28, 2014.