/

Massachusetts Department of Elementary and Secondary Education

75 Pleasant Street, Malden, Massachusetts 02148-4906 Telephone: (781) 338-3000
TTY: N.E.T. Relay (800) 439-2370

January 9, 2013

Mr. Ted Wilson, Executive Director

Seaport Academy Day Program

Schools for Children, Inc.

197 8th Street

Charlestown, MA 02129

VIA FACSIMILE and Certified U.S. Mail

Re: Mid-cycle Review and Verification of previous Program Review Corrective Action Plan and Notification of Probationary Approval - REVISED

Dear Mr. Wilson:

Enclosed is the Department of Elementary and Secondary Education’s (the “Department”) Mid-cycle Review Report based upon the Mid-cycle Review conducted in your private school program on November 14, 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 18, 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.

The Department finds that Seaport Academy Day Program (“Seaport Academy”), a day program operated pursuant to 603 CMR §28.00, Massachusetts Special Education Regulations, and 603 CMR §18.00, Program and Safety Standards for Approved Public or Private Day and Residential Special Education School Programs, is not in compliance with applicable regulations as outlined below in the Mid-cycle Review Report. As a result of serious concerns the Department has regarding the ability of the school to provide an appropriate education to enrolled students as outlined in 603 CMR 28.09(4)(b), the Department is hereby notifying Seaport Academy that it is being placed on Probationary Approval. The Department is also hereby notifying Seaport Academy that as of this notice, the school is not to accept any additional eligible students into the program.

Consistent with 603 CMR 28.09(4), within two (2) school days of receipt of notice from the Department placing the Program's approval on probation, Seaport Academy must provide notification of this Probationary Approval status to the parents of all Massachusetts enrolled students, all Massachusetts school districts with enrolled students, and officials of Massachusetts human service agencies or agencies of other states with responsibility for any students at the school. This notification must state that Seaport Academy has been assigned probationary status for the reasons outlined below. A copy of the proposed letter and a list of all recipients must be submitted to the Department for approval prior to distribution.

The circumstances that have prompted this action by the Department are based on observations made, documentation reviewed, and interviews conducted by the Department during the November 14, 2012 onsite visit during the Mid-cycle Review.

Specifically, while onsite for the Mid-cycle Review on November 14, 2012, the Department staff noted serious concerns regarding the provision of an appropriate educational program. Seaport Academy is not adhering to the requirements of 603 CMR 28.09(9)(a), 603 CMR 18.03(1)(a), and 603 CMR 28.09(7)(b,c) in that the school is not offering or providing the appropriate amount of instructional time to students as required, is not providing appropriate supervision to students while they are engaged in school-related activities, and is not providing educational services to students by appropriately licensed teachers.

Department staff who observed the academic program noted that students were sleeping during instructional time, wandering in and out of classrooms, using earphones and texting or using their cell phones during class and not following academic schedules.

In cases where a program fails to fully and effectively implement a previously approved Corrective Action Plan, the Department must then prepare a Corrective Action Plan for the program which must be implemented without further delay. The Department has included specific corrective action to address the new issues identified during the onsite visit in the enclosed Mid-cycle Review Report. You will find all of the required corrective action in the far right column of the Report. No later than 3:00 P.M. on Monday, January 28, 2013, Seaport Academy must submit to the Department evidence of having implemented the required corrective action. Your response must include a detailed description outlining the steps being taken, the persons responsible for implementation, and the specific timelines for correction of these problems.

Please note that the Department will conduct both announced and unannounced site visits to Seaport Academy. Following the Department's review of the program’s required corrective action and results of any announced and/or unannounced site visits, the Department may reinstate the program to an approval status of Provisional or withdraw the program’s approval. The Department will provide written notification of its action to Seaport Academy.

It is our desire to work positively and collaboratively with Seaport Academy to ensure compliance with Department requirements and to support the program in its efforts to meet the challenging needs of the students it serves. If you have any questions regarding the contents of this letter, please contact Helen Murgida at 781-338-3713.

Sincerely,

Helen M. Murgida, Liaison
Program Quality Assurance Services

Darlene Lynch
Director
Program Quality Assurance Services

c: / Mitchell D. Chester, Ed.D., Commissioner of Elementary and Secondary Education
Pamela Sweeney, Assistant Director, Program Quality Assurance Services
Nina Marchese, Supervisor, Program Quality Assurance Services
Sally Currier, Board of Directors Chairperson, Seaport Academy
Alex Tsonas, Program Director, Seaport Academy
Monica Synnott, Director of Special Education Pricing, Operational Services Division

Encl.:Mid-cycle Review Report

Probationary Private School Approval Certificate, Expiration Date: March 7, 2013

Page 1 of 3

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

SCHOOLS FOR CHILDREN, INC.

SEAPORT ACADEMY DAY PROGRAM

MID-CYCLE REVIEW REPORT

Previous Program Review Corrective Action Plan Submitted on September 21, 2010

Progress Reports Submitted on February 17, June 6, July 8, and August 7, 2011

Mid-cycleOnsite Visit Conducted on November 14, 2012

Date of this Report:January 9, 2013

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
Observation / Seaport Academy submitted current approvals, licenses, and certificates of inspection by state and local agencies as required.
2.3 EEC Licensure
102 CMR 3.00
(Residential Programs only) / Not Applicable / Seaport Academy 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
Interviews
Observation / While Seaport Academy submitted documentation that verifies the required number of school days and the required number of instructional hours are being offered to all students, observation revealed that students either leave class on their own or are sent out of class due to disruptive behaviors and were observed wearing earbuds/headphones, text messaging, and had heads down on desks while instruction was taking place. /  / Students were observed leaving class and wandering in and out of the building on their own terms or not actively engaged in the lesson and time out of learning was not documented. / By January 28,2013,Seaport Academy must submit copies of an individual written log for each student’s participation in classes for each day. If a student is scheduled to attend a class and does not do so, or is not participating, this must be documented and explained in detail on the log. The length of refusal or non-participation, the reason for the student refusal or non-participation and the behavioral plan staff implemented must be included for each entry in the log. These logs are to begin upon receipt of this report and continue each school day until the Department has determined they are no longer necessary and has notified Seaport Academy of such in writing.
8.5 Current IEP & Student Roster
28.09(5)(a) / Partial / Documentation
Student Records
Interviews / While not all students have a current IEP that has been issued by the responsible public school district and consented to and dated by the student’s parent(s), Seaport Academy provided documentation of their efforts to obtain such documentation from sending school districts. / Partial / By January28, 2013, Seaport Academy must submit a roster of publicly funded Massachusetts students currently enrolled in the program containing the following information:
  • Each student’s initials
  • The school district responsible for preparing the student’s IEP;
  • The name of the school district contact person for each student;
  • 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 most recently issued and consented to IEP;
  • The date of expiration for the most recently issued and consented toIEP;
The date of parental signature on the most recently issued and consented to IEP; and
  • For each unsigned IEP, evidence or 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 / While the Educational Administratormeets the required qualifications to serve in this capacity, she is only on-site at the program 2-3 days per week. /  / Seaport Academy does not have the full-time Educational Administrator working on-site each day and it is unclear who her designee is on the days that she is working off-site. / By January 28,2013,Seaport Academy must submit the name of the staff member acting as her designee as the educational administrator when she is not on site for the program. Such person shall be assigned to supervise the provision of special education services in the program and to ensure that the services specified in each student’s IEP are delivered. The educational administrator designee shall either possess licensure as a special education administrator or possess all of the following:
  • License as a special educator;
  • A minimum of a master's degree in special education or a related field; and
  • A minimum of one year of administrative experience.

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
Staff Records
Interviews / At the time of the last Program Review, review of documentation and staff interviews revealed that one teacher was not licensed or waivered in special education as required. /  / At the time of the Mid-cycle Review, 5.1 Full Time Equivalents (FTE’s) of teachers were listed on the Teaching Roster, but only 2.1 FTE’s of teachers are licensed or on approved waivers as required. / By January 28, 2013,
Seaport Academy must submit the following:
  • Current teaching staff roster that includes all UFR 115’s special education teachers and UFR 116’s regular education teachers in the program that contains the following information:
  • UFR#;
  • Name;
  • Position title within the program;
  • Grade level(s) taught;
  • Subject(s) taught;
  • Massachusetts teaching license title, type, grade level, number and expiration date;
  • Copy of 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 teachers are providing special education services, the name and license of the special educator providing supervision; and
  • Most recent date of Professional Development Plan for special education teachers and general education teachers with professional level licensure.

11.5 Related Services Staff

28.09(7)(d) / Documentation
Interviews / Seaport Academy submitted a Related Service Staff Roster that contains all required elements showing that related services are being provided to students by appropriately certified, licensed or registered staff.
However, while a Licensed Counselor is on maternity leave, three Master’s level interns are providing one-on-one and small group services to some of the student caseload. /  / Three unlicensed interns are providing unsupervised one-on-one and small group counseling services to students. / By January 28,2013,Seaport Academy must submit evidence that the staff providing one-on-one and small group counseling are appropriately qualified to provide such services.
11.6 Master Staff Roster
28.09(7) / Documentation
Interviews / Seaport Academy submitted a Master Staff Roster that corresponds to the last approved Program Budget and that contains the name, program job title, corresponding UFR title number, licensure and/or certification if appropriate, full-time equivalent (FTE), and qualifications for current staff as required.However, a staff member hired as a “Teaching Assistant” was not included on the Master Staff Roster. /  / The Master Staff Roster did not include the name of a “Teaching Assistant” who was observed working with students. / By January 28, 2013
Seaport Academy must submit:
  • A current master staff roster that includes for each staff person
  • Corresponding
UFR#s;
  • UFR tittles;
  • Full time equivalents
(FTEs);
  • Position title;
  • First and Last name;
  • Vacancies indicated;
and
  • Justification for any discrepancies from last approved program budget.

19 Anti-Hazing
M.G.L. c. 269, §§ 17 through 19 /  / Documentation
Student Records
Interviews / Seaport Academy provided evidence of distribution of the policy as approved by the program’s Board of Directors to all secondary students, as well as documentation of students’ receipt of the policy 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 / Seaport Academysubmitted a Bullying Prevention and Intervention Plan which included: 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; a description of how the Bullying Prevention and Intervention Plan information was distributed; and a description of the professional development plan developed by the program for all staff for the school year and evidence of its implementation, that included dates, format(s) used and agendas.
Identified Areas of Non-Compliance from the 2009-2010 Program Review or Other Areas of Concern
1.2 Program & Student Description, Program Capacity
28.09(2)(a)
(2);
28.09(2)(b)
(2, 3, 7) / Interviews
Observation / During the Mid-cycle Review, observations and interviews revealed that the student population Seaport Academy is serving has changed from those having behavioral and non-verbal learning challenges to include students diagnosed on the Autism Spectrum. /  / Seaport Academy is now serving students with a diagnosis on the Autism Spectrum Disorder who they were not approved to serve. / By January 28, 2013,Seaport Academy must submit a written narrative addressing each of the following requirements as the program was last approved:
  • Identified population of students to be served
  • Ages of students;
  • Educational characteristics;
  • Behavioral characteristics and
  • Philosophy, goals and objectives.

5.1 Student Admissions
28.09(11); 18.05(1)(b)(1-17); 18.05(2); 18.05(3)(c) / Student Records
Interviews / During the Mid-cycle Review, review of student records and interviews revealed that 9 of 29 current students were admitted without any medical records and history of prior testing or counseling even though counseling is indicated on their IEPs. /  / Seaport Academy is not in compliance with their admission criteria which include proof of a physical examination of the student within 30 days of admission and receipt of pertinent records on students from sending school districts. / By January 28, 2013,Seaport Academy must submit:
  • Copy of written admissions criteria from policies and procedures manual
  • Copy of the program’s application/intake form used for student admissions
  • Copy of the program’s narrative description of orientation for parents and students upon admission to the program
  • Copies of physical examinations for students who were enrolled in the program without physicals and evidence of efforts to obtain copies of medical and educational records from sending school districts.

9.1(a) Student Separation Resulting from Behavior Management
18.05(5)(i); 18.05(6, 7); 46.02(5)(b) / Documentation
Student Records
Interviews / During the last Program Review, while Seaport Academy had a behavior management policy for student separation resulting from behavior management, student record reviews and staff interviews revealed that the school did not document the time each student was separated from class.
While Seaport Academy submitted a form used to document the use of time-out for an individual student, no completed forms were found in student records, and observation revealed that students “take space” at will, were not supervisedby staff at all times, one student locked himself in a time out room without supervision, and documentation of student separation was not maintained. /  / Student separation resulting from behavior management is not being documented. / By January 28, 2013,Seaport Academy must submit a copy of written policies and procedures regarding behavior management specific to student separation and copies of documentation of separation for each student maintained in student records or time out log.
9.5
3-5 Day Suspensions
18.05(6) / Documentation
Student Records
Interviews / While Seaport Academy had a policy for 3-5 day suspensions, student record reviews indicated that while notification of suspension was provided to parents, there was no such documentation provided to school districts as required.
Of the student records that were reviewed, no student was suspended for 3-5 days, but interviews revealed that a student was suspended and left the program with no documentation found. /  / Seaport Academy is not maintaining documentation of suspensions and follow-up activities relative to suspensions. / By January 28,2013,Seaport Academy must submit a copy of the suspension logs used for December 2012 to the date of submission. The name of the student, the duration of the suspension, where the suspension was served and incident reports relative to each suspension must be submitted.