Massachusetts Department 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

April 17, 2013

Brett Kustigian, Superintendent

Quaboag Regional School District

284 Old West Brookfield Road

Warren, MA, 01083

Re: Mid-cycle Report

Dear Superintendent Kustigian:

Enclosed is the Department of Elementary and Secondary Education's Mid-cycle Report based on the onsite visit conducted in your district in January 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, and examination of documentation.

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 May 6, 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

Dan Korzec, School Committee Chairperson

Wendy Prunier, Local Program Review Coordinator

Encs: Mid-cycle Report

Mid-cycle Progress Report Form

1

MASSACHUSETTS DEPARTMENT OF ELEMENTARY AND SECONDARY EDUCATION
MID-CYCLE REPORT

Quaboag Regional School District

Dates of the Mid-cycle Review Onsite: January 23, 2013

Date of this Report: April 17, 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 http://www.doe.mass.edu/pqa/review/cpr/default.html

Criterion / Criterion Implemented
ü / 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 / ü / Student
Record Review
Interview
Documents / 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. Notice is provided to both the student and the parent/guardian and explicitly states that all rights accorded to parents under special education law will transfer to the 18 year old student.
Upon reaching the age of majority, students are signing their IEPs.
SE 8
IEP Team composition and attendance / PI / Student
Record Review
Interview
Documents / The district does not consistently document the parent’s agreement, in writing, that the attendance of a Team member is not necessary because the member´s area of the curriculum or related services is not being modified or discussed.
Also, the district does not consistently document the parent’s agreement, in writing, to excuse a required Team member´s participation, with the excused member providing written input into the development of the IEP to the parent and the IEP team prior to the meeting. / Conduct a training for all staff persons who serve in the role of Team chairperson. Review the requirement that all Team members are in attendance at IEP meetings unless the parent and district agree to use alternative means, such as a video conference or a conference call; or the district and the parent agree, in writing, that the attendance of a Team member is not necessary because the member´s area of the curriculum or related services is not being modified or discussed; or if the parent and the district agree, in writing, that a required member will be excused, the excused Team member will provide written input into the development of the IEP to the parent and the IEP team prior to the meeting.
Develop an internal tracking and oversight system with periodic review by designated person(s) responsible, to ensure the district documents the parent’s agreement, in writing, the excusal of a Team member.
After all corrective actions have been implemented, the district must conduct a review of a sample of student records from all grade levels for Team meetings that occurred after the implementation of corrective actions, to verify that the district is meeting the requirements consistent with IEP Team composition and attendance.
*Please note that when conducting internal monitoring the district must maintain the following documentation and make it available to the Department upon request:
a) List of student names and grade level for the record review; b) Date of the review; c) Name of person(s) who conducted the review, their roles(s), and their signature(s). / Please submit to the Department evidence of staff training to include, the agenda, signed and dated attendance sheet with staff role, and training materials by May 31, 2013.
Submit a description of the district’s internal oversight and tracking system for periodic review, along with the name/role of the designated person(s) responsible by May 31, 2013.
Submit the results of the review of student records. Indicate the number of student records reviewed, the number of student records in compliance, and for any records not in compliance with this criterion, determine the root cause(s) of the noncompliance and provide the district’s plan to remedy the non-compliance by October 25, 2013.
SE 18A
IEP Development and content / ü / Student
Record Review
Interview
Documents / Student record review, interview and documents indicate that when the evaluation data reveals 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 for students identified with a disability on the autism spectrum, the IEP addresses the skills and proficiencies needed to avoid and respond to bullying, harassment, or teasing.
SE 25
Parental consent / ü / Student
Record Review
Interview
Documents / Student record review and documents indicated that parental consent is secured prior to conducting evaluations, and all evaluations consented to were provided by the district. Furthermore, all evaluations were completed within 30 school working days from the parent’s written consent.
At the time of the review no parent had revoked consent to a student's special education services during the period of one year prior to the mid-cycle review. Document review indicated that the district has procedures for when a parent/guardian revokes consent for special education services in writing, which ensure that the district acts 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.

Additional Special Education Criteria Monitored in this Mid-cycle Review

Current special education criteria available by scrolling down to the special education instrument at http://www.doe.mass.edu/pqa/review/cpr/default.html

Criterion / Criterion
Implemented
ü / 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 2
Required and optional assessments / ü / Student
Record Review
Interview
Documents / Student record review, interview and documents indicate that educational assessments are routinely conducted by a representative of the school district, including a history of the student’s educational progress in the general curriculum.
SE 3
Special requirements for determination of specific learning disability / ü / Student
Record Review
Interview
Documents / Student record review, interview and documents indicate that when a student is suspected of having a specific learning disability, the Team creates a written and signed determination as to whether or not he or she has a specific learning disability, or if there is disagreement as to the determination, written documentation by the Team members of their disagreement.
SE 4
Reports of
assessment results / ü / Student
Record Review
Interview
Documents / Student record review, interview and documents indicate that assessments summarize, in writing, the procedures employed, the results, and the diagnostic impression, and define in detail and in educationally relevant and common terms, the student’s needs, offering explicit means of meeting them.
SE 6
Determination of transition services / ü / Student
Record Review
Interview
Documents / Student record review, interview and documents indicate that the IEP Team discusses and updates student’s transition needs annually, beginning no later than when the student is 14 years old, and documents its discussion on the Transition Planning Form. Also, for any student approaching graduation or the age of 22, the Team determines whether the student is likely to require continuing services from adult human service agencies and plans accordingly for such needs with appropriate State agencies.
SE 9
Timeline for determination of eligibility / ü / Student
Record Review
Interview
Documents / Student record review, interview and documents indicate that within 45 school working days after receipt of the parent's written consent to an initial evaluation or a reevaluation, the school 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.
SE 13
Progress Reports and content / PI / Student
Record Review
Interview / Student record review and interview indicate that parents do not receive reports on the student's progress toward reaching the goals set forth in the IEP at least as often as parents are informed of the progress of non-disabled students. / Conduct an analysis of a cross section of student records across all levels from September 2012 through March 2013, to determine why parents do not receive reports on the student's progress toward reaching the goals set forth in the IEP at least as often as parents are informed of the progress of non-disabled students.
Develop an internal tracking and oversight system with periodic review by designated person(s) responsible, to ensure progress reports are consistently completed and issued with the same frequency as they are issued to non-disabled peers.
Conduct a review of a sample of student records from all grade levels for progress reports that were issued for the making period after all corrective actions have been implemented, to ensure that progress reports are consistently completed and issued with the same frequency as they are issued to non-disabled peers.
*Please note that when conducting internal 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 person(s) who conducted the review, their roles(s), and their signature(s). / Submit the results of the analysis conducted. Provide the determination of the root cause(s) of any noncompliance, and a description of the immediate steps the district will take to correct the root causes of the noncompliance, and the dates when those actions are implemented by May 31, 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 May 31, 2013.
Submit the results of the review of student records. Indicate the number of student records reviewed, the number of student records in compliance, and for any records not in compliance, determine the root cause(s) of the noncompliance and provide the district’s plan to remedy the non-compliance by October 25, 2013.
SE 14
Review and revision of IEPs / PI / Student
Record Review
Interview
Documentation / Student record review, interview and documentation indicate that a Team meeting is not held at least annually, on or before the anniversary date of the IEP, 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 an analysis of a cross section of student records across all levels from September 2012 to March 2013, to determine why Team meetings are not held at least annually, on or before the anniversary date of the IEP, 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.
Develop an internal tracking and oversight system with periodic review by designated person(s) responsible, to ensure that IEPs are updated annually, on or before the anniversary date of the IEP.
The district must conduct a review of a sample of student records from all grade levels for annual review meetings completed after all corrective actions have been implemented, to ensure that IEPs are updated at least annually, on or before the anniversary date of the IEP.
*Please note that when conducting internal 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 person(s) who conducted the review, their roles(s), and their signature(s). / Submit the results of the analysis conducted. Provide the determination of the root cause(s) of any noncompliance, and a description of the immediate steps the district will take to correct the root causes, and the dates when those actions are implemented by May 31, 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 May 31, 2013.
Submit the results of the review of student records. Indicate the number of student records reviewed, and the number of student records in compliance, and for any records not in compliance, determine the root cause(s) of the noncompliance and provide the district’s plan to remedy the non-compliance by October 25, 2013.
SE 18B
Determination of placement; provision of IEP to parent / ü / Student
Record Review
Interview
Documentation / Student record review, interview and documentation indicate that at the elementary, middle and high school levels, IEP placement forms were consented to by the parent in a timely manner and IEPs were consistently provided to the parent immediately following the Team meeting.
SE 22
IEP implement-ation and availability / ü / Student
Record Review
Documentation / Student record review and documentation indicate that at the beginning of the school year the district does have a signed IEP in effect for each eligible student.
SE 43
Behavioral interventions / ü / Student
Record Review
Interview
Documentation / Student record review, interview and documentation indicate that across all grade levels the district is consistently considering and implementing behavioral interventions and the possible need for a functional behavioral assessment in an effort to address the student’s behavioral needs in the educational milieu.
SE 46
Procedures for suspension of students with disabilities / ü / Student
Record Review
Interview
Documentation / Student record review, interview and documentation indicate that prior to a suspension that constitutes a change in placement, the Team does consider all relevant information in the student’s file, including behavioral plans and functional behavioral assessments.

Quaboag Regional School District Coordinated Program Review Mid-cycle Report