Massachusetts Part B
State Performance Plan for
FFY 2005 – 2010
and
Massachusetts Part B
Annual Performance Report for
FFY 2008
Submitted to the
Office of Special Education Programs
December 1, 2005
Revised February 1, 2010
Massachusetts Department of Elementary and Secondary Education
75 Pleasant Street, Malden, MA02148-4906
Phone 781-338-3000 TTY: N.E.T. Relay 800-439-2370


This document was prepared by the
Massachusetts Department of Elementary and Secondary Education
Mitchell D. Chester, Ed.D.
Commissioner
Board of Elementary and Secondary Education Members
Ms. Maura Banta, Chair, Melrose
Ms. Harneen Chernow, Jamaica Plain
Mr. Gerald Chertavian, Cambridge
Mr. Michael D’Ortenzio, Jr., Chair, Student Advisory Council, Wellesley
Dr. Thomas E. Fortmann, Lexington
Ms. Beverly Holmes, Springfield
Dr. Jeff Howard, Reading
Ms. Ruth Kaplan, Brookline
Dr. Dana Mohler-Faria, Bridgewater
Mr. Paul Reville, Secretary of Education, Worcester
Dr. Sandra L. Stotsky, Brookline
Mitchell D. Chester, Ed.D., Commissioner and Secretary to the Board
The Massachusetts Department of Elementary and Secondary Education, an affirmative action employer, is committed to ensuring that all of its programs and facilities are accessible to all members of the public.
We do not discriminate on the basis of age, color, disability, national origin, race, religion, sex or sexual orientation.
Inquiries regarding the Department’s compliance with Title IX and other civil rights laws may be directed to the
Human Resources Director, 75 Pleasant St., Malden, MA02148 781-338-6105.
© 2010 Massachusetts Department of Elementary and Secondary Education
Permission is hereby granted to copy any or all parts of this document for non-commercial educational purposes. Please credit the “Massachusetts Department of Elementary and Secondary Education.”
This document printed on recycled paper
Massachusetts Department of Elementary and Secondary Education
75 Pleasant Street, Malden, MA02148-4906
Phone 781-338-3000 TTY: N.E.T. Relay 800-439-2370


MassachusettsPart BState Performance Plan (MA SPP) for FFY 2005-2010

and

Massachusetts Part BAnnual Performance Report (MA APR) for FFY 2008

Note: This document contains both the Massachusetts State Performance Plan (MA SPP) for FFY 2005-2010 and the Massachusetts Annual Performance Report (MA APR) for FFY 2008. The MA SPP presents information for all 20 indicators, including baseline data, targets, and improvement activities. The MA APR contains progress data for Indicators 1, 2, 3, 4a, 5, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, and 20 as required by the Office of Special Education Programs (OSEP).

Table of Contents

Cover Letter / Overview of Development

●SPP

●APR

Monitoring Priority: FAPE in the LRE

Indicator 1: Graduation Rates

●SPP

●APR

Indicator 2: Dropout Rates

●SPP

●APR

Indicator 3: Assessment

●SPP

●APR

Indicator 4: Suspension/Expulsion

●SPP

●APR

Indicator 5: School Age LRE

●SPP

●APR

Indicator 6: Preschool LRE

●SPP

●APR

Indicator 7: Preschool Outcomes

●SPP

●APR

Indicator 8: Parent Involvement

●SPP

●APR

Monitoring Priority: Disproportionality

Indicator 9: Disproportionality – Child with a Disability

●SPP

●APR

Indicator 10: Disproportionality – Eligibility Category

●SPP

●APR

Monitoring Priority: Effective General Supervision / Child Find

Indicator 11: Initial Evaluation Timelines

●SPP

●APR

Monitoring Priority: Effective General Supervision / Effective Transition

Indicator 12: Early Childhood Transition

●SPP

●APR

Indicator 13: Secondary Transition

●SPP

●APR

Indicator 14: Post-School Outcomes

●SPP

●APR

Monitoring Priority: Effective General Supervision / General Supervision

Indicator 15: Identification and Correction of Noncompliance

●SPP

●APR

Indicator 16: Complaint Timelines

●SPP

●APR

Indicator 17: Due Process Timelines

●SPP

●APR

Indicator 18: Hearing Requests Resolved by Resolution Sessions

●SPP

●APR

Indicator 19: Mediation Agreements

●SPP

●APR

Indicator 20: State Reported Data

●SPP

●APR

Appendices

●Appendix A: Description of Selected Cross-Cutting Improvement Activities

●Appendix B: Massachusetts Parent Survey for Indicator #8

●Appendix C: MA Post-School Outcomes Survey for Indicator #14

●Appendix D: MA Post-School Outcomes Survey for Indicator #14 – FFY 2008

●Appendix E: Correction of Noncompliance Data for FFY 2004

●Appendix F: Indicator #15 Worksheet for FFY 2008

●Appendix G: Attachment 1 – Report of Dispute Resolution for FFY 2004

●Appendix H: Table 7 – Report of Dispute Resolution for FFY 2008

●Appendix I: Indicator #20 Scoring Rubric for FFY 2004

●Appendix J: Indicator #20 Scoring Rubric for FFY 2008

MassachusettsPart B State Performance Plan for FFY 2005 – 2010 Revised February 1, 2010

Cover Letter / Overview of Development

Cover Letter / Overview of Development

Submitted December 1, 2005; Revised January 3, 2006, February 1, 2007, May 21, 2007,
February 1, 2008, April 14, 2008, February 2, 2009, and January 29, 2010

SPP

ATTN: Janet Scire

U.S Department of Education

Office of Special Education Programs

PotomacCenterPlaza

Mail Stop 2600, Room 4129

550 12th Street S.W.

Washington, DC 20202

Dear Ms. Scire:

Enclosed is the Massachusetts State Performance Plan (MA SPP). The MA SPP was developed in accordance with 20 U.S.C. 1416(b)(1), which states that “not later than 1 year after the date of enactment of the Individuals with Disabilities Education Improvement Act of 2004, each State must have in place a performance plan that evaluates the State’s efforts to implement the requirements and purposes of Part B and describes how the State will improve such implementation.” The MA SPP responds directly to the 20 indicators identified by the Office of Special Education Programs (OSEP) in Information Collection 1820-0624, Part B State Performance Plan (SPP) and Annual Performance Report (APR).

The Massachusetts Department of Elementary and Secondary Education (MASSDE) has engaged in a variety of activities to obtain broad input from stakeholders on the development of the Massachusetts State Performance Plan (MA SPP). An overview of the MA SPP was first presented to the Special Education Advisory Council (SAC), and was also presented to key stakeholders within MASSDE. As a next step, the Massachusetts Statewide Special Education Steering Committee – which consists of SAC members, key MASSDE personnel, local education officials, parents, advocates, and representatives from higher education, charter schools, approved private special education schools, and adult service agencies – met to identify targets, methodologies, and key activities as appropriate for each of the 20 MA SPP indicators. Additionally, I have met with a number of other groups as we have been preparing and revising the MA SPP and Annual Performance Report (APR), and have solicited input and described the activities to date to stakeholders broadly across the state.

The continued input and feedback from the Steering Committee and other groups have been keys in the development of the MA SPP. In addition to discussing targets, methodologies, and improvement activities, Steering Committee members have also discussed dissemination of information about the MA SPP within their respective organizations. Additionally, Steering Committee members signed up to participate in targeted interest groups focused on each indicator. These interest groups incorporate additional members and will meet throughout the upcoming years to help guide Massachusetts’ work in each area.

Regarding public dissemination, the completed MA SPP will be made widely available for public discussion. This will be accomplished by broad discussion in interest groups (as previously mentioned) and at the Statewide Advisory Council meeting and other conference and group discussion opportunities. Additionally, MASSDE will post the MA SPP on the MASSDE website at and distribute hard copies of the report to key constituents and the media.

MASSDE has provided detail and commentary that addresses concerns raised in previous correspondence from OSEP regarding the MA SPP. Where concerns were raised, the response is incorporated fully into the actions that MASSDE describes for the present or future in various sections throughout the MA SPP, as applicable. Please note that the following revisions have been made since the initial submission on December 1, 2005 – 1) Indicator 4a was revised on January 3, 2006; 2) Indicators 1, 2, 4A, 4B, 5, 6, 7, 8, 9, 10, 11, 13, 14, and 18 were revised on February 1, 2007; 3) Indicators 9 and 10 were revised on May 21, 2007 at the request of OSEP; 4) Indicators 1, 2, 3, 4A, 5, 7, 9, 10, 14, and 20 were revised on February 1, 2008; 5) Indicators 7, 9 and 10 were revised on April 14, 2008 at the request of OSEP; 6) Indicator 7 was revised according to the SPP submission instructions, the baseline data for Indicator 1 were revised, and improvement activities for Indicators 1, 2, 3, 4A, 5, 6, 8, 9, 10, 11, 13, 14, 15, 16, 17 and 20 were revised on February 2, 2009; 7) Indicators 1, 2, 3, 4, 5, 7, 11, 12, 16, 17 and 18 were revised, and improvement activities were revised for Indicators 1, 2, 4, 4, 5, 8, 11, 12, 13, 14, 18 and 19 on February 1, 2010. If you have questions or need additional clarification regarding the MA SPP, please contact me at 781.338.3388 or.

Sincerely,
Marcia Mittnacht

State Director of Special Education

Special Education Planning and Policy Development Office

Massachusetts Department of Elementary and Secondary Education

Cc: Mitchell D. Chester, Ed.D., Commissioner, Massachusetts Department of Elementary and Secondary Education

1

MassachusettsPart B Annual Performance Report for FFY 2008 Submitted February 1, 2010

Cover Letter / Overview of Development

APR

Submitted February 1, 2010

U.S Department of Education

Office of Special Education Programs

PotomacCenterPlaza

Mail Stop 2600, Room 4129

550 12th Street S.W.

Washington, DC 20202

Re:Massachusetts Part B Annual Performance Report (MA APR) for FFY 2008

Dear Sir or Madam:

On behalf of the Massachusetts Department of Elementary and Secondary Education (MASSDE), I have enclosed the Massachusetts Annual Performance Report (MA APR) for FFY 2008. The MA APR responds directly to the indicators identified by the Office of Special Education Programs (OSEP) in Information Collection 1820-0624, Part B State Performance Plan (Part B-SPP) and Annual Performance Report (Part B-APR), and described in the OSEP Memorandum 10-3, submitted to state on December 3, 2009. The MA APR contains individual reports for Indicators 1, 2, 3, 4A, 5, 8, 9, 10, 11, 12, 13 (report not required in FFY 2008 but submitted voluntarily), 14 (report not required in FFY 2008 but submitted voluntarily), 15, 16, 17, 18, 19, and 20. Each report also contains information responsive to the areas identified in the Massachusetts Part B FFY 2007 SPP/APR Letter and Response Table on June 1, 2009, and to the OSEP Verification Visit letter of March 5, 2009.

In FFY 2008 and since the date of the last report to OSEP, MASSDE has continued to work with stakeholders including the Statewide Special Education Steering Committee, the Statewide Advisory Council, statewide advocacy groups and parent organizations, and other state and local agencies that share MASSDE’s priority for improving our work on behalf of children with disabilities, their families, and their educators. New and updated inter- and intra-agency initiatives have refined MASSDE’s data collection methods, technical assistance available to and resources provided for local education agencies (LEAs), and methods for verifying correction noncompliance, among other things. The positive effects of these initiatives are demonstrated in the improvement shown in the MA APR’s indicator areas. MASSDE has continued to make progress toward or continued to meet measurable and rigorous targets, despite the unique challenges during FFY 2008 and beyond that have significantly affected these efforts. The demands presented to state and local governments associated with the severe economic downturn, and the resulting reallocation of funding priorities and administrative resources toward stimulus spending, has affected the traditional ways in which MASSDE has supported school districts in meeting state and federal education requirements for students with disabilities. However, these competing mandates did not lessen the focus of MASSDE’s work toward meeting our goals for special education.

Consistent with prior years’ public reporting efforts, the completed MA APR will be made widely available for public review and discussion. MASSDE will share this with the various interest groups referred to above, at the Statewide Advisory Council meeting(s), and other conferences and meetings throughout the year. Also, MASSDE makes this report and the underlying data available on the agency’s website at and distributes hard copies of the report to key constituents and to the media. Districts’ indicator data are publicly reported at this information is being updated currently for FFY 2008.

Per instruction from Massachusetts Part B State Contact Ken Kienas, I am sending to his attention under separate cover hard copies of the additional documentation that MASSDE is required to submit with this APR submission – Attachments 1, 2, 3, and 4. OSEP instructed MASSDE in the Verification Visit Letter of March 5, 2009, to submit this documentation with the FFY 2008 APR.

Please contact me at 781.338.3388 or , if you have any questions or if you need additional information.

Sincerely,

Marcia Mittnacht

State Director of Special Education

Special Education Planning and Policy Development Office

Massachusetts Department of Elementary and Secondary Education

Cc: Mitchell D. Chester, Ed.D, Commissioner, Massachusetts Department of Elementary and Secondary Education

1

MassachusettsPart B State Performance Plan for FFY 2005 – 2010 Revised February 1, 2010

Indicator 1

Monitoring Priority: FAPE in the LRE

Indicator 1: Graduation Rates

SPP

Monitoring Priority: FAPE in the LRE

Indicator 1: Percent of youth with IEPs graduating from high school with a regular diploma.

(20 U.S.C. 1416 (a)(3)(A))

Measurement: States must report using the graduation rate calculation and timeline established by the Department under the ESEA.

Overview of Issue/Description of System or Process:

In Massachusetts the measurement for the statewide graduation rate is the number of students in a cohort who graduate in four years or less, divided by the number of first-time entering 9th graders in that cohort. The denominator is adjusted so that students who transfer into Massachusetts’ public schools are added to the original cohort, and students who transfer out or who are now deceased, are subtracted from the original cohort. The quotient is multiplied by 100 to express the graduation rate as a percentage. The measurement for all youth, regardless of IEP status, is the same.

For students in the 2005-2006 cohort, Massachusetts is calculating and reporting a statewide Graduation Rate for the first time. This cohort includes all students who entered 9th grade in Massachusetts’ public schools for the first time in the fall of 2002, plus all students who transferred into the cohort during the four years, minus all students who transferred out of the cohort or who were deceased during the four years. Students who earned their Competency Determination, met all local graduation requirements, and received a diploma from a Massachusetts public high school in four years or less were counted as graduates. Summer graduates were included as if they graduated in the June preceding the summer.

The data used to calculate the Graduation Rate are obtained through the Student Information Management System (SIMS) scheduled reports that are submitted by school districts throughout the year. Because this is the first time MASSDE has calculated the graduation rate, and because the data come from the initial years of SIMS when districts were still becoming familiar with the system, MASSDE has allowed for the possibility of a limited number of corrections. Initial student-level data for the 2005-2006 cohort were released to districts in November of 2006, and district staff had one month to review the data and request corrections. MASSDE then reviewed all requests and made appropriate corrections. For subsequent years, it is anticipated that the number and type of corrections allowed will decrease.

MASSDE’s calculation method is based on the formula set forth in the National Governors’ Association (NGA) Compact, and meets the No Child Left Behind (NCLB) definition of Graduation Rate for use in determining Adequate Yearly Progress (AYP) for secondary schools. However, MASSDE acknowledges that a significant number of students require more than four years to graduate, so a Five-Year Graduation Rate has also been calculated. Although Massachusetts’ formal SPP targets are based on the Four-Year graduation rate, Massachusetts will continue to generate both rates for the entire student population of each cohort and for individual student subgroups at the state, district, and school level. Additional information on the calculation of graduation rates is available on MASSDE’s website at the following link:

Baseline Data for FFY 2005 (2005-2006):

# of Students in 2005-06 cohort / # of Students who graduated in four years or less / 2005-2006
Graduation Rate
IEP / 13,814 / 8,440 / 61.1%
Non-IEP / 60,934 / 51,149 / 83.9%
All Students / 74,380 / 59,440 / 79.9%

Discussion of Baseline Data:

The data provided in the above table show that students with disabilities in Massachusetts’ public schools are graduating from high school in four years at a lower rate than their non-disabled peers. Based on the cohort formula for calculating Graduation Rate, 61.1% of students with disabilities in the 2005-06 cohort graduated from high school in four years or less while the Graduation Rate is 83.9% for non-disabled students in the same cohort, and is 79.9% for all students in the cohort.

The Five-Year Graduation Rate for students in the 2005-06 cohort is 67.0% for students with disabilities, 86.2% for non-disabled students, and 82.7% overall. This means that 5.9% of students with disabilities in the cohort, and 2.3% of students without disabilities, graduated in five years instead of four. MASSDE recognizes that it is appropriate for some students to take longer than four years to complete high school, and so Massachusetts will continue to calculate and publicly report the Five-Year Rate for subsequent cohorts as an additional measure of year-to-year progress.

This disparity between the Graduation Rates for disabled and for non-disabled students in Massachusetts reflects a national trend. The report on SPP Indicator 1 prepared by the National Dropout Prevention Center for Students with Disabilities (NDPC-SD) for the Regional Resource and Federal Center Network’s Part B SPP/APR Indicator Analysis shows that of 36 states that reported Graduation Rates for both student with disabilities and all students, 35 states had a positive gap between the all-student rate and the rate for students with disabilities. One state actually had a negative gap between the all-student rate and the rate for students with disabilities, and the gaps for the other 35 states ranged from approximately one percentage point to approximately 45 percentage points. Massachusetts, with a gap of 18.2 percentage points, appears to be on par with many of the states reporting Graduation Rates for both students with disabilities and all students, although it should be noted that many states used an “event” calculation which cannot be directly compared to Massachusetts’ “cohort” calculation.

Massachusetts is committed to closing the gap between the graduation rate of students with disabilities and the graduation rate of students without disabilities over a ten-year period. Our SPP targets set in December 2009 reflect a graduation rate for all students at or above 95% by FFY 2018. The plan is to increase the Graduation Rate of all students with disabilities by approximately 5% every two years as follows: