Massachusetts Department of
Elementary and Secondary Education
75Pleasant Street, Malden, Massachusetts 02148-4906 Telephone: (781) 338-3700
TTY: N.E.T. Relay 1-800-439-2370
November 30, 2012
Jay Indik, Executive Director
Cutchins Programs for Children and Families
New Directions Day Program
78 Pomeroy Terrace
Northampton, MA 01060
Re: Mid-cycle Review and Verification of previous Program Review Corrective Action Plan
Dear Mr. Indik:
Enclosed is the Department of Elementary and Secondary Education’s (“Department”) Mid-cycle Report based upon the Mid-cycle review conducted in your private school program in November, 2012. This Mid-cycle Review Report contains the Department's findings regarding the implementation status and effectiveness of corrective steps taken in response to your previous Program Review Report issued on August 31, 2010. This report also includes a report on the status of implementation for new state or federal special education requirements enacted since your program’s last Program Review, as well as some additional areas of concern the Department followed-up on based on a July, 2012 incident that occurred at the school and related action steps the Department required of the program at that time.
While the Department 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 February 4, 2013. 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 statementof assurance must be submitted to the Department's Onsite Chairperson by
December 11, 2012.
Please be advised that the attached Department Approval Certificate must be conspicuously posted in a public place within the program as required by 603 CMR 28.09.
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 781-338-3719.
Sincerely,
Amy B. Krukonis, 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
Benjamin Barnes, Chairperson, Board of Directors
Justin W. Smith, Local Program Review Coordinator
Encl.:Mid-cycle Review Report
ProvisionalPrivate School Approval Certificate, Expiration Date: February 4, 2013
Page 1 of 2
MASSACHUSETTS DEPARTMENT OFELEMENTARY AND SECONDARY EDUCATION
PRIVATE SCHOOL MID-CYCLE REVIEW
Cutchins Programs for Children and Families
New Directions Day Program
MID-CYCLE REVIEW REPORT
Previous Program Review Corrective Action Plan Submitted on September 30, 2010
Progress Reports Submitted on December 15, 2010
Program’s reports addressing July, 2012 incident dated July 19, 2012, August 31, 2012 and September 13, 2012
Department’s responses dated August 8, 2012, August 21, 2012 and September 24, 2012
Mid-cycleOnsite Visit Conducted on November 5, 2012
Date of this Report:November 30, 2012
CriterionNumber
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 orAdditional 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
2.2 Approvals, Licenses, Certificates of Inspection18.04(1); 28.09(2)(b)(5); 28.09(5) (b); 28.09(6) (b, c) / / Documentation / New Directions Day Program has current licenses, approvals and certificates of inspection by state and local agencies as required.
2.3 EEC Licensure
102 CMR 3.00
(Residential Programs only) / Not Applicable / New Directions is a day program; therefore this criterion is not applicable.
6.1 Daily Instructional Hours
603 CMR 27.04
6.4 School Days Per Year
603 CMR 27.05(2); 28.09(9)(a) / / Documentation / New Directions Day Program submitted documentation that verifies the required number of school days and the required number of instructional hours are being offered to the students.
8.5 Current IEP & Student Roster
28.09(5)(a) / / Documentation
Student Record Review
Interviews / New Directions Day Program has current IEP’s for each enrolled Massachusetts student that have been issued by the responsible public school district and consented to and dated by the student’s parent(s).
11.3 Educational Administrator Qualifications
28.09(5)(a); 28.09(7)(a);
603 CMR 44.00 / / Documentation
Interviews / New Directions Day Program has designated an Educational Administrator who possesses the required qualifications to serve in this position.
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 / / Documentation
Interviews / New Directions Day Program has teachers who are appropriately licensed or on approved waivers in grade and subject areas as required, which are appropriate to meet the needs of the student population.
11.5 Related Services Staff
28.09(7)(d) / / DocumentationInterviews / New Directions Day Program has appropriately certified, licensed or registered related services staff as required.
11.6 Master Staff Roster
28.09(7) / / Documentation
Interviews / New Directions Day Program maintains a Master Staff Roster which includes all staff positions within the program and that corresponds to the last approved Program Budget. / Refer to Criterion 4.4 below.
19 Anti-Hazing
M.G.L. c. 269, §§ 17 through 19 / Documentation
Student Record Review / New Directions Day Program submitted copies of student handbooks distributed to students and documented students’ receipt of a copy of the school program’s anti-hazing disciplinary policy approved by the program’s Board of Directors for every secondary age student enrolled full-time, and every student group, and/or student team as required.
20 Bullying Prevention and Intervention
M.G.L. c. 71, s. 37H, as amended by Chapter 92 of the Acts of 2010. M.G.L. c. 71, s. 37O(e)(1) & (2). M.G.L. c. 71, s. 370(d). / / Documentation
Interviews / New Directions Day Program submitted a description of how it amended its student admissions materials/handbook to contain an age-appropriate summary of its Bullying Prevention and Intervention Plan; a description of how it was distributed; and a description of the professional development plan developed by the program for all staff and provided evidence of its implementation including dates, format used, and sign-in sheets indicating staff attendance.
Identified Areas of Non-Compliancefrom the 2009-2010 Program Review and Other Areas of Concern
4.4Advance Notice of Proposed Program/Facility Change
28.09 (5)(c) / Documentation
Interviews / / At the time of the Mid-cycle Review, documentation and interviews indicate that New Directions Day Program eliminated the Psychologist/Doctorate position (UFR#122) without notifying or obtaining approval from the Department as required. This position remains an approved position as indicated on the last approved Program Budget. / By December 21, 2012, New Directions Day Program must submit a copy of the program’s written procedures for notifying the Department of substantial changes within the program.
- Submit a Form 1notifying the Department of the substantial change within the program, specific to the elimination/reallocation of UFR# 122.
4.5 Immediate Notification
18.03(10); 18.05(7);
28.09(12) (a, b) / / Documentation
Interviews / The Department’s review of this criterion is based on an incident that occurred at the school in July, 2012.
New Directions Day Program was required to submit a copy of the program’s revised written procedures for notifying all appropriate parties of serious incidents, including the contact persons responsible for providing such notification.
The Department found the program to have revised the policy to clearly list contacts responsible for correct implementation of the procedures outlined in the policy. Interviews and observations at the Mid-cycle Review indicate that staff and administration are trained on the new policy and the procedures are being implemented according to the revised policy.
9.1(a) Student Separation Resulting from Behavior Management
18.05(5)(i); 46.02(5)(b) / Student Record Review
Interviews
Observation / At the time of the 2010 Program Review, New Directions Day Program submitted a revised policy and procedure on student separation resulting from behavior management as part of their corrective action plan. This plan specified that students in a time out room would be monitored by staff at all times and in all parts of the room. In addition, while staff may not close the time out door, students may request to have the door closed.In the event a student requested the time out door to be closed, the staff would be required to observe the student in the peep holein the door that had just recently been installed. / / At the time of the Mid-cycle Review, interviews and observation indicate that students cannot be observed in all parts of the time out room as required when staff areobserving through the peep hole in the door.
In addition, interviews indicate that when a student requests the time out door to be closed, staffallowthelight to be turned off and a staff may wait some time before observing a student due to the behavior of the student at the time. Therefore, the student cannot be observed at all times and in all parts of the room as required.
Documentation review further indicates that the reason for intervention is not reflected on the time out log as required. / By December 21, 2012, New Directions Day Program must submit a copy of the written policies and procedures regarding behavior management specific to student separation and include how the procedures have been changed so that when the time out door is closed the staff are able to observe the student in all parts of the room and that the lights remain on at all times.
New Directions Day Program must also submit copies of completed time out logs containing all required information, including the reason for intervention, for five students who have required separation resulting from behavior management prior to this progress report submission date.
10.1 Staffing for Instructional Groupings
28.06(6)(d);
28 09(7)(e) / Interviews / / At the time of the Mid-cycle Review, interviews indicate that New Directions Day Program includes studentsfrom the Residential Program that is not approved by the Department who attend day schools at alternate sites to be included in the approved Day Program when alternate sites are not in session for weather related circumstances or half days. / By December 21, 2012, New Directions Day Program must submit a statement of assurances that students from the unapproved Residential Program will not participate in the Department approved Day Program due to scheduling difficulties within their own day programs.
11.11 Supervision of Students / / Documentation
Interviews
Observation / The examination of this criterion is based on a recent incident that occurred at the school in July, 2012.
New Directions Day Program was required to submit a revised policy specific to crisis communication and to provide a written assurance to the Department that teachers are utilized appropriately to design all instruction for students and that they are available to teacher aides who are delivering that instruction to ensure it is delivered as intended.
The Department found through interviews and observations that staff and administrators are trained on the new policies and the new policies are currently being implemented.
12.2 (f)
Required Training-Emergency Procedures
18.05 (10); 28.09(11) / / Documentation
Interviews
Observation / The examination of this criterion is based on a recent incident that occurred at the school in July, 2012.
New Directions Day Program was required to submit a revised policy specific to crisis communication and the use of certain modes of communication i.e. cell phones and walkie talkie devices.
The Department found through interviews and observation that staff and administration are trained on the new policies and are currently implementing them.
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 / / Student Record Review
Interviews / At the time of the 2010 Program Review, student records revealed documentation of restraint consents to be inconsistent.
During the Mid-cycle Review, a review of student records and interviews indicate that restraint consents are now obtained annually as required.
Cutchins Programs for Children and Families, New Directions Day Program Mid-cycle Review Report
November 30, 2012
Page 1 of 15
Commonwealth of Massachusetts
Department of Elementary and Secondary Education
Cutchins Programs for Children and Families
New Directions Day Program
a PRIVATE SPECIAL EDUCATION PROGRAM operated pursuant to
603 CMR 18.00 and 28.09
78 Pomeroy Terrace Northampton, MA 01060
Program Rate Based on: 27 Students
Approved Enrollment: 27 StudentsDay Program / Residential Program
Summer Program / 10 month program / 11 month program / 12 month program
APPROVED STUDENT:LICENSED EDUCATOR RATIO: 8:1
APPROVED STUDENT:LICENSED EDUCATOR:AIDE RATIO: 12:1:1
APPROVAL STATUS
PROVISIONAL
Expires on: February 4, 2013
The current approval is a result of a Mid-cycle Reviewconducted in the 2012-2013school year and the next review is scheduled for the 2015-2016 school year.
Amy B. Krukonis, EDUCATIONAL SPECIALIST, Program Quality Assurance Services
nina m. marchese, Supervisor, Program Quality Assurance Services
Darlene A. Lynch, DIRECTOR, Program Quality Assurance Services
Date issued: 11/30/12