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

June 10, 2013

Susan M. Nicholson, Superintendent

Waltham Public Schools

617 Lexington Street

Waltham MA 02452

Re: Mid-cycle Report

Dear Superintendent Nicholson:

Enclosed is the Department of Elementary and Secondary Education's Mid-cycle Report based on the onsite visit conducted in your district in March of 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: staff interviews, review of student records, examination of documentation, and/or classroom observation.

We are pleased to tell you that the Department has found your district to be in compliance with all of the criteria monitored in your district during the Mid-cycle Review. The findings of the Department are included in the enclosed report. You and your entire staff are to be congratulated for your success in implementing the requirements included in these criteria.

The Department will notify you of your district's next regularly scheduled Coordinated Program Review (CPR) several months before it is to occur. At this time we anticipate that this CPR will occur sometime during the 2015-2016 school year unless the Department determines that there is some reason to schedule this visit earlier.

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 Nathan Lemmon at 781-338-3720.

Sincerely,

Nathan Lemmon, 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

Jane Ewing, Supervisor, Program Quality Assurance Services

Jeannette McCarthy, Mayor, School Committee Chairperson

Valerie Ardie Flynn, Local Program Review Coordinator

Enc:Mid-cycle Report

1

MASSACHUSETTS DEPARTMENT OF ELEMENTARY AND SECONDARY EDUCATION
MID-CYCLE REPORT

WALTHAM PUBLIC SCHOOLS

Dates of the Mid-cycle Review Onsite: March 13-14, 2013

Date of this Report: June 10, 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 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 /  / Document Review
Interviews
Student Record
Review / Document review, interviews and student recordreview demonstrated that the district consistently notifies parents and students of the transfer of educational decision-making rights one year prior to students reaching the age of 18.
Student records demonstrated that IEP Teams put a statement in the IEP that parents and students areinformed of the transfer of rights from the parent/guardian to the student upon the student's 18th birthday. Whena student decides to share or delegate educational decision-making rights,documentationindicating the student’s choice is found in the student record as required.
Student records also demonstrated that the district consistently obtains consent from students to continue IEP services when they have reached the age of majority.
SE 8
IEP Team composition and attendance /  / Interviews
Student Record
Review / Student record review and interviews indicated that the district has a process to ensure that required IEP Team members attend IEP meetings. When a required IEP Team member can’t attend, the district obtains the parent’s written permission before the meeting to excuse the Team member.
The district also demonstrated that required excused Team members provide written input for IEP development in advance of the meeting.
The district has a policy for excusing Team members who are not necessary because their area of the curriculum or services is not being modified or discussed.
SE 18A
IEP Development and content /  / Document Review
Student Record
Review / Document review and student record review indicatedthat when a student’s evaluation data indicates that his/her disability affects social skills development or makes them susceptible to bullying, harassment, or teasing, the IEP Team addresses the skills and proficiencies needed to avoid and respond to bullying, harassment, or teasing.
The IEP Team specifically addresses the skills needed to respond to bullying, harassment, or teasing for students on the autism spectrum in the student’s IEP.
Record review demonstrated that the IEP Team documents its consideration of a student’s need for skills and proficiencies to avoid and respond to bullying, harassment, or teasing in the Meeting Summary, in the district’s Notice of Proposed District Action accompanying the IEP, and as an accommodation or as a social skill, self-advocacy or adaptive behavior goal in the IEP.
SE 25
Parental consent /  / Document Review
Interviews / Document review and staff interviews indicated that when parents revoke consent for special education services in writing, the district acts promptly to provide notice to discontinue services within a reasonable timeframe andattach a copy of the parent’s procedural safeguards.
Additionally, an interview with the Special Education Director verified that the school will not use mediation or request a due process hearing to obtain agreement or a ruling requiring the continuation of services, consistent with federal regulation.
The district did not have any current records for revocation of consent at the time of 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 3
Special Requirements for Determination Specific Learning Disability /  / Interviews
Student Record
Review / Student record review and interviews demonstrated that the district’s IEP Teamsconsistentlycompleteall required documentation when determining eligibility for a Specific Learning Disability for both initial evaluations and re-evaluations.
The district’s Instructional Support Team documents pre-referral general education support for students, including specific instructional accommodations, classroom assessments, behavioral strategies,andobservations,which are consistently present in the files.
SE 4
Reports of Assessment Results /  / Interviews
Student Record
Review / Student record reviewand interviews demonstrated that assessment reports are consistently completedbefore IEP meetings, with assessment summaries available two days prior should parents request them.
Assessment summaries consistently contain the evaluators’ recommendations for specifically meeting the students’ needs.
SE 6 Determination of Transition Services /  / Student Record
Review / Student record reviewindicated that out-of-district students who are 14 years old and older consistently have completed and annually updated transition plans in their files.
SE 9
Determination of Eligibility and Provision of Documentation to Parent /  / Student Record
Review / Student record review demonstrated that the district consistently meets the 45-day timeline for determining eligibility and developing IEPs following the receipt of the parent’s written consent.
SE 9A
Elements of Eligibility Determination /  / Interviews
Student Record
Review / Student record review and interviews demonstrated that when students are found not eligible for special education services, the district’s Notice of School District Refusal to Act (N2) includes information about next steps to take,including general education support or a 504 plan consideration if appropriate.
SE 11
School District Response to Parental Request for Independent Educational Evaluation /  / Document Review
Interviews
Student Record
Review / Document review and student record review demonstrated that the district’s response to a parent’s request for independent evaluations includes
1) a statement acknowledging that the unique circumstances of a child may justify an individual assessment rate higher than that normally allowed; 2) a reference to the federal law that enables parents to obtain an independent evaluation; and 3) a description of the state and federal provisions entitling parents to an independent evaluation in an area not assessed by the district.
No references to Ch. 766 (now Ch. 71B) were found in the district’s documentsor student records.
SE 12
Frequency of Re-evaluation /  / Student Record
Review / The student record review indicated that re-evaluations are completed every three years unless the parent and district agree that it is unnecessary.
SE 13
Progress Reports and Content /  / Interviews
Student Record
Review / According to staff interviews and student records, the district translates all required special education documentation, including the IEP and progress reports when the parent’s primary language is not English.
Student record review also demonstrated that when students graduate or age out of school, their records containthe summary of academic achievement and performance.
SE 14
Review and Revision of IEPs /  / Student Record
Review / Student record review demonstrated that annual reviews of student IEPs consistently occur on or before the anniversary date of the previous IEPto review, revise, develop a new IEP or refer the student for re-evaluation.
Student record review also indicated that the amendment process is not used to change a student’s placement.
SE 15
Outreach by School District /  / Document Review
Interviews / Document review and interviewsdemonstrated that the district actively conducts child-find for students in the community and does not limit its activities to pre-school aged children only. The district’s activities include multiple forms of outreach to homeless shelters and other relief agencies in the community.
SE 18A
IEP Development and Content /  / Student Record
Review / Student record review demonstrated that IEP Teams consistently completethe Present Level of Education Performance for other educational needs (PLEP B) section of the IEP for students with age-related considerations or behavioral issues.
SE 19
Extended Evaluation /  / Student Record
Review / Student record review demonstrated that IEP Teamscomplete the ESE’s extended evaluationform (EE1-EE2) to document additional evaluations when a Team finds a student eligible for special education but finds the evaluation information insufficient to develop a full or partial IEP.
SE 22
IEP Implementation and Availability /  / Document Review
Interviews
Student Record
Review / Record reviews, interviews and documents provided by the district indicated school adjustment counseling servicesare scheduled during appropriate school hours (e.g., not during student lunch periods)and appropriately included in IEP Service Delivery Grids and with goals and benchmarks as determined by the IEP Teams.
SE 24
Notice Requirements /  / Student Record
Review / According to student record review, the district consistently responds to parental requests for evaluations within five days of the receipt of the parental request for an evaluation.
SE 29 Communications are in English and Primary Language of the Home /  / Student Record
Review / Student record review indicated that when the primary language of the home is other than English, the district translates all parts of the student record.
SE 36
IEP Implementation, Accountability, and Financial Responsibility /  / Student Record
Review / Please see the ESE’s comments for SE 22.
SE 37
Procedures for Approved and Unapproved Out-of-District Placements /  / Student Record
Review / Student record reviewdemonstrated that monitoring plans aremaintained in out-of-district student files as required.
SE 40 Instructional Grouping Requirements Students Aged Five and Older /  / Document Review
Interviews / Document reviewand interviewsdemonstratedthat none of thedistrict’s special education classes exceed instructional group size.
The district has developed a comprehensive system for all three levels, elementary, middle and high school, to ensure that special education classes do not exceed the required instructional grouping ratios of staff to students as follows:
  1. The Special Education Office is notified whenever any changes are proposed to class size at any school.
  2. If a new student is introduced to a class causing it to go over the allowed limits, the district will respond by reassigning staff members to maintain appropriate class size and staff to student ratios.
  3. Evaluation Team Leaders and Administrators are informed by the Guidance Department of schedule changes.
  4. Finally, all liaisons meet regularly with the Evaluation Team Leader to discuss class size.

SE 43
Behavioral Interventions /  / Interviews
Student Record
Review / Interviews and student record review indicatedincreased provision of behavioral supports for all students at all levels of the school district.
Student record review demonstrated a variety of behavioral supports. Examples include students at all levels receiving counseling, when indicated on their IEP Service Delivery Grid.
Interviews indicated that there are now six (6) full time school adjustment counselors working at the elementary level; one full time and one and one halftime (1.5) school adjustment counselors at the middle school level; and four (4) full time school adjustment counselors working at the High School.
There are also two and a half (2.5) BCBAs (Board Certified Behavior Analyst) available to conduct functional behavioral assessments.
SE 46
Procedures for Suspensions of Students with Disabilities /  / Document Review
Student Record
Review / Document and student record reviewdemonstrated that the district’s student/parent handbook contains a description of the procedures and the due process rights for students in circumstances involving drugs, weapons, controlled substances, or bodily assault.
SE 48
Equal Opportunity to Participate /  / Document Review
Interviews
Student Record
Review / Please see the ESE’s comments for SE 22.
SE 49
Related Services /  / Document Review
Interviews
Student Record
Review / Please see the ESE’s comments for SE 22.
SE 55
Special Education Facilities and Classrooms /  / Facility Review / Facility review verified that the Plympton Elementary School’s special education Learning Center is no longerlabeled as such and the John F. Kennedy Middle School Life Skills programhas been moved from an isolatedcorridor toa classroom in a corridor withother general education classrooms.

Waltham Public Schools Coordinated Program Review Mid-cycle Report

June 10, 2013

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