Massachusetts Department of

Elementary and Secondary Education

75Pleasant Street, Malden, Massachusetts02148-4906 Telephone: (781) 338-3700

TTY: N.E.T. Relay 1-800-439-2370

March 2, 2012

David Drake, Executive Director

Massachusetts Foundation for Learning Disabilities

White Oak Day Program

533 North Road

Westfield, MA01085

Re: Mid-cycle Review and Verification of previous Program Review Corrective Action Plan

Dear Mr. Drake:

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 February, 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 June 12, 2009. 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 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 April 30, 2012. The reasons for the “Provisional Approval” are clearly indicated on the attached Mid-cycle Review Report. Due to the program's continued failure to implement fully its’ approved Corrective Action Plan in areas involving health and safety and implementation of IEP services, the Department views these findings as quite serious and is prepared to take necessary steps in order for these areas to be satisfactorily addressed.

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 byMarch 15, 2012.

The program must demonstrate the specific steps to be taken to come into substantial compliance with all identified areas requiring corrective action by April 30, 2012. Pending the outcome of review of these steps, the Department will determine whether or not sanctions in the form of “Probationary Approval” status and/or a closing of the private school program’s intake are necessary at that time.

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

Dr. Peter Wolff, Chairperson, Board of Directors

Encl.:Mid-cycle Review Report

Provisional Approval, Private School Approval Certificate, Expiration Date:

April 30, 2012

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MASSACHUSETTS DEPARTMENT OF
ELEMENTARY AND SECONDARY EDUCATION
PRIVATE SCHOOL MID-CYCLE REVIEW

Massachusetts Foundation for Learning Disabilities

White Oak Day Program

MID-CYCLE REVIEW REPORT

Previous Program Review Corrective Action Plan Submitted on September 15, 2009

Progress Reports Submitted on February 1, 2010

Mid-cycleOnsite Visit Conducted on February 13, 2012

Date of this Report: March 2, 2012

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 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 Inspection

18.04(1); 28.09(2)(b)(5); 28.09(5)(b); 28.09(6)(b, c) /  / Documentation
Observations / White Oak Day Program submitted copies of current licenses, approvals and certificates of inspections. / Not Applicable
2.3 EEC Licensure
102 CMR 3.00
(Residential programs only) / Not Applicable / White Oak is a Day Program; therefore this criterion is not applicable.
8.5 Current IEP & Student Roster
28.09(5)(a) / Documentation
Student Records
Interviews /  / White Oak Day Program submitted a current IEP and student roster that did not include all of the required elements. The roster also did not accurately indicate the date of the current IEP that the program is and/or should be implementing. In addition, all IEP’s were not consented to by the parents/guardian and/or sending school district. In several records the Department reviewed, the last signed IEP was not evident in the student’s record. / By March 30, 2012, White Oak Day Program must submit a current IEP and Student Roster to include all of the following:
  • Each student’s initials (not name);
  • The school district responsible for preparing the student’s IEP;
  • The agency(ies) supporting any part of the student’s tuition;
  • The portion of tuition supported by such agency(ies);
  • The implementation date of the current IEP;
  • The date of expiration for the student’s current IEP;
  • The date of parental signature;
  • The name of the school district contact person for each student; and
  • For each unsigned IEP, evidence/documentation of efforts and/or steps taken for the public school district to obtain signed IEPs.

11.3 Educational Administrator Qualifications
28.09(5)(a); 28.09(7)(a);
603 CMR 44.00 / Documentation
Student Records
Interview /  / While White Oak Day Program has an Educational Administrator who possesses the appropriate qualifications to serve in this position,interviews indicated that while her role at the program is to supervise and mentor teachers; she does not attend IEP meetings, and therefore, is not able to ensure that services as written in each students’ IEP are delivered as required. / By March 30, 2012, White Oak Day Program must submitthe following:
  • The name and qualifications of the Educational Administrator who will serve in thisposition and;
  • A copy of the updated job description of the Educational Administrator which at a minimum must include the following: supervision of teachers, oversee IEP development; attend IEP meetings; perform ongoing monitoring of progress reports and oversee implementation of each students’ IEP.

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 /  / While White Oak Day Program submitted a current teacher roster with all required elements, two teachers remain unlicensed and are not on approved waivers; five teachers are teaching outside of their licensed grade level and all required licensing information was not accurately documented on the teacher roster. / By March 30, 2012: White Oak Day Program must submit the following:
  • Current teaching staff roster that includes all professional teaching staff in the private school program and that includes the following information:
  • The name, title and role of each teacher in the program;
  • Grade level being taught;
  • Subject(s) being taught;
  • Massachusetts teaching license title, type, grade level, number and expiration date;
  • Copy of ESE license or most current ELAR activity sheet;
  • In instances where teachers do not hold Massachusetts licensure for the area in which they are employed, a copy of a current certification waiver is provided or ELAR activity sheet;
  • In instances when general education teaching staff are providing special education services, the name and license of the special educator providing supervision; and
  • Most recent date of Professional Development Plan for teachers with professional level licensure.

11.5 Related Services Staff

28.09(7)(d) / Documentation
Interviews /  / While White Oak employs related service staff and provided a Massachusetts State Board of Registration for that staff, a related services roster with all required elements was not submitted as required. / By March 30, 2012, White Oak Day Program must submit the following:
  • A current staff roster for all related services providers that includes each provider’s
  • Name
  • Title
  • Role in the program
  • ESE License number and/or Massachusetts State Board of Registration number
  • Copy of ESE License and/or
Massachusetts, State Board of Registration.
11.6 Master Staff Roster
28.09(7) / . / Documentation
Interviews / At the time of the 2009 Program Review, White Oak Day Program inaccurately reported positionsforthe Admissions Director, IT Coordinator, Student Career and College Advisor, as well as the Woodshop Teacher. /  / During the Mid-cycle Review White Oak Day Program submitted a Master Staff Roster that does not accurately reflect Full Time Equivalents (FTE’s) from the last approved budget. In addition, the Master Staff Roster did not accurately report current licensure status for staff. / By March 30, 2012, White Oak Day Program must submit the following:
  • Copy of the last approved Program Budget
  • A current master staff roster that includes each staff person’s
  • Name
  • Program Job Title (define all job titles, i.e., UFR Program Function Manager might be the Education Director)
  • Corresponding UFR title number
  • Licensure and/or certification if appropriate
  • Full-time equivalent (FTE)
  • Qualifications (required of all direct care workers, including supervisors)
  • All positions must be included and indicated as vacant when applicable.

19 Anti-Hazing
M.G.L. c. 269, §§ 17 through 19 / Documentation
Student Records
Interviews /  / White Oak Day Program did not submit copies of student handbooks or the disciplinary code distributed to students. In addition, documentation of students’ receipt of a copy of the school program’s anti-hazing disciplinary policy was not evident as required. / By March 30, 2012, White Oak Day Program must submit the following:
  • Copies of student handbooks or disciplinary code distributed to students, and
  • Documentation of receiptof a copy of the school program's anti-hazing disciplinary policy approved by the program's Board of Director's for each of the 10 students’ the Department reviewed onsite for the Mid-cycle Review.

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) &s’ records reviewed by the Department (2). M.G.L. c. 71, s. 370(d) / Documentation
Interviews /  / White Oak Day Program did not provide all required documentation with regard to their Bullying Prevention and Intervention Plan. / By March 30, 2012, White Oak Day Program must submit a description of the process the program followed to amend its’ student admissions materials/handbook to include an age-appropriate summary of their Bullying Prevention and Intervention Plan.
Identified Areas of Non-Compliancefrom the Previous Program Review or Other Areas of Concern
8.8 IEP – Progress Reports
28.07(3);
34 CFR 300.320(a)(3)(i, ii) / Student Records /  / At the time of the Mid-cycle Review, White Oak Day Program’s progress reports did not reflect the progress on each individual goal for each student’s implemented IEP. In addition, the Department found that some student progress reports were based on unsigned IEP’s and discrepancies were found with the dates written and the dates of notification to the parents, school district and/or agencieswho received the progress reports. / By March 30, 2012, White Oak Day Program must submit the following:
  • Copies of most recent quarter ending progress reports for the 10 student records the Department reviewed onsite for the Mid-cycle Review; and
  • Copies of dated notification to the parents’, school districts and/or agencies who receive the progress reports that correspond to the 10 student records the Department reviewed onsite for the Mid-cycle Review.

10.2 AgeRange
28.06(6)(f, g) /  / Documentation / At the time of the Program Review, the Department found evidence of two classrooms that exceeded the 48 month timeframe and had not requested any waivers at that time.
White Oak Day Program now submitted block schedules for every classroom and requests for 2 Alternate Compliance Waivers that were applicable to their current instructional groupings which now indicate all instructional groupings are within the required age range. / Not Applicable
12.2 In-Service
Training Plan and Calendar
28.09(7)(f); 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 106.31-106.42; M.G.L. c. 76, § 5; 603 CMR 26.00, esp. 26.07(2, 3) /  / Documentation / At the time of the 2009 Program Review, White Oak Day Program had submitted a copy of the registered nurse’s application to the Department of Public Health to train unlicensed staff to administer medication.
For the Mid-cycle Review White Oak Day Program submitted documentation of unlicensed staff that are trained to administer medication during times the nurse is not available to the program. / Not Applicable
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 Records / At the time of the Program Review, student record review indicated that White Oak Day Program did not require parents to sign emergency medical treatment consents annually.
White Oak Day Program then submitted a copy of its 2009-2010 emergency medical treatment form that would be distributed at the beginning of each academic year. /  / While student record review during the Mid-cycle Review revealed that White Oak Day Program now obtains emergency medical treatment consents annually, the Department found evidence that restraint consents are not obtained annually as required. / By March 30, 2012, White Oak Day Program must submit a sample of the annually required consents that are distributed at the beginning of each academic year for the upcoming 2012-2013 school year.
16.7 Preventive Health Care
18.05(9)(g)(1); 105 CMR 200.100(B)(1); 105 CMR 200.400(B);
105 CMR 200.400(C);
G.L. c. 71, § 57; and
G.L. c. 111, § 111 / Student Records /  / At the time of the Mid-cycle Review, evidence of vision, hearing and postural screenings were not found by the Department in 6 out of 10 student records reviewed. / By March 30, 2012, White Oak Day Program must submit the following:
  • A current chart of all currently enrolled Massachusetts students’that includes the date of the last preventive health care screenings (vision, hearing and postural); if N/A due to the age of the student, White Oak must indicate so on the chart.
  • A current chart of all currently enrolled Massachusetts students that includes the dates of teach student’slast physical and dental exam.
  • If a physical or dental exam is not current, White Oak must provide evidence of attempts the program made to obtain such documentation.

18.1 Confidentiality of Student Records
28.09(5)(a); 28.09(10); 23.07(1); M.G.L. c. 71, § 34H / Student Records /  / White Oak Day Program maintains the medical records separate from the actual student record. A separate log of access was not evident for such records onsite as required. / By March 30, 2012, White Oak Day Program must submit a copy of a log of access specific to the medical records to include the following required elements:
  • The name, position and signature of the person releasing the information; the name, position and, if a third party, the affiliation if any, of the person who is to receive the information;
  • The date of access;
  • The parts of the record to which access was obtained; and
  • The purpose of such access.

Massachusetts Foundation for Learning Disabilities, White Oak Day Program Mid-cycle Review Report

March 2, 2012

Page 1 of 20

Commonwealth of Massachusetts
Department of Elementary and Secondary Education
Massachusetts Foundation for Learning Disabilities
White Oak Day Program
a PRIVATE SPECIAL EDUCATION PROGRAM operated pursuant to
603 CMR 18.00 and 28.09
533 North RoadWestfield, MA01085

Program Rate Based on: 92 Students

Approved Enrollment: 92 Students
Day 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: Not Applicable
APPROVAL STATUS
PROVISIONAL
Expires on: April 30, 2012
The current approval is a result of a Mid-cycle Reviewconducted in the 2011-2012school year and the next review is scheduled for the 2014-2015 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: 03/02/12