lynn public schools mid-cycle report 2012 · web viewlynn public schools coordinated program review...

Massachusetts Department of Elementary and Secondary Education75 Pleasant Street, Malden, Massachusetts 02148-4096 Telephone: (781) 338-3700

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

May 23, 2012

Catherine Latham, SuperintendentLynn Public Schools90 Commercial StreetLynn, MA 01905

Re: Mid-cycle Report

Dear Superintendent Latham:

Enclosed is the Department of Elementary and Secondary Education's Mid-cycle Report based on the onsite visit conducted in your district in February 2012. 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, examination of documentation, and classroom observation(s).

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 June 8, 2012.

1

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 Dean Paolillo at 781-338-3703.

Sincerely,

Dean Paolillo, Metro-North SupervisorProgram Quality Assurance Services

Darlene A. Lynch, DirectorProgram Quality Assurance Services

cc: Mitchell D. Chester, Ed.D., Commissioner of Elementary and Secondary EducationMayor Judith Flanagan Kennedy, School Committee ChairpersonCheryl Mennino, Local Program Review Coordinator

Encs: Mid-cycle ReportMid-cycle Progress Report Form

2

MASSACHUSETTS DEPARTMENT OF ELEMENTARY AND SECONDARY EDUCATIONMID-CYCLE REPORT

Lynn Public Schools

Dates of the Mid-cycle Review Onsite: February 10-14, 2012Date of this Report: May 23, 2012

PLEASE NOTE THAT THIS REPORT IS IN TWO SECTIONS.

Required Special Education Criteria Monitored in this Mid-cycle ReviewCurrent 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 Implemente

d

Criterion Partially

Implemented (PI) or Not Implemente

d (NI)

Method(s) ofInvestigation

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 7Transfer of

parental rights and student participation

and consent at age of majority

PI Student Record Review

Staff Interviews

Student records indicated that the district does not always inform the student and the parent one year prior to the student’s 18th birthday that the educational decision making rights will transfer from the parent to the student.

Please review the administrative advisory 2011-1 that can be found at: http://www.doe.mass.edu/sped/advisories/11_1.html.

Please revise the procedures regarding the provision of notification to ensure the district informs the student and parent one year prior to the student turning

Please provide the district’s revised procedures.

Please provide evidence of the training for IEP Team chairpersons to include the

Lynn Public Schools Coordinated Program Review Mid-cycle ReportMay 23, 2012

Page 1 of 23

http://www.doe.mass.edu/sped/advisories/11_1.html

http://www.doe.mass.edu/sped/advisories/11_1.html



d

Criterion Partially


d (NI)







Additionally, student records staff interviews and documents identified that the district’s process for documenting the student’s decision to share or delegate his or her rights upon reaching the age of majority do not always ensure that school personnel are present to witness the decision.

eighteen that the education decision making rights will transfer to the student upon the student reaching the age of majority.

Please review and revise the district’s procedures for documenting the student’s educational decision when the student wishes to delegate or share-decision making to ensure that school personnel are present.

Please provide training to all high school IEP Team chairpersons regarding the revised notification of the age of majority procedures, as well as, the procedures for documenting the student’s decision to delegate or share educational decision making.

Please develop an internal monitoring system to ensure the oversight of the Age of Majority procedures. Please be sure to identify the personnel responsible for supervisory oversight and periodic review.

agenda, training materials and attendance sheet (with name and role of staff).

Please provide a description of the internal monitoring system developed including personnel responsible (by name and title) for supervisory oversight.

This progress report is due September 28, 2012.

Please submit the results of the review of


Page 2 of 23


d

Criterion Partially


d (NI)







Following the implementation of the corrective actions taken by the district, select a sample of student records to review for the appropriate Age of Majority procedures.

Please review the student records of students who are 17 years old to ensure the notification was sent to the student and parent.

Please review student records for those students who turned 18 and chose to delegate or share their decision making to ensure school personnel witnessed the student’s decision and documented that decision within the student record.

*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

student records for both samples.

Indicate the number of student records reviewed, the number of student records in compliance, for all records not in compliance with this criterion, determine the root cause(s) of the noncompliance and provide the school’s plan to remedy the non-compliance. Please submit these results


Page 3 of 23


d

Criterion Partially


d (NI)







the review; c) Name of person(s) who conducted the review, their roles(s), and their signature(s)

by December 14, 2012.

SE 8IEP Team

Composition and

Attendance

PI Student RecordReview

A review of student records indicated that the district does not always conduct IEP Team meetings with all of the required members of the IEP Team present. The, records identified that students who participate in the general education program did not always have a general education teacher present at the IEP Team meeting. In these instances, student records found no evidence of the parent’s agreement to excuse the IEP Team member.

Please review the requirements for IEP Team composition, particularly the importance of the participation of general education teachers, with building administrators, special education liaisons, and IEP Team chairpersons. Please ensure the district’s procedures for documenting the excusal of a required IEP Team member are consistent with regulatory requirements.

Please develop an internal monitoring system which includes supervisory oversight and periodic review to ensure that the required members of the IEP Team are present or have been appropriately excused from participation.

Please select a sample of 15 student

Please submit evidence, such as an agenda, revised procedures and sign in sheet (with the name and role of staff) demonstrating that the district reviewed the regulatory requirements with relevant school personnel.

Additionally, please submit a description of the internal


Page 4 of 23


d

Criterion Partially


d (NI)







records for Team meetings that took place following the completion of the district’s corrective actions, to ensure that all of the required members of the IEP Team were either present or that the parent provided written agreement for the IEP Team member’s excusal and that the excused required member provides written input for the development of the IEP to the parent and IEP Team.

oversight system developed; including the personnel responsible by name and title.

This progress report is due September 28, 2012.

Please submit a narrative description of the results of the internal monitoring conducted. Please include the numbers of records reviewed and the number of records found to be in compliance.Should additional


Page 5 of 23


d

Criterion Partially


d (NI)







noncompliance be identified, please determine the root cause of the non-compliance and describe the additional corrective action taken to achieve compliance.

Please submit these results by December 14, 2012.

SE 18AIEP

development and content

Student RecordReview

DocumentReview

Staff Interviews

A review of documents and staff interviews verified that the district implemented training and developed procedures regarding the IEP Team’s obligation to document when the student’s disability affects social skills


Page 6 of 23


d

Criterion Partially


d (NI)







development or makes the student susceptible to bullying, harassment, or teasing.

Additionally, student records verified that for students on the autism spectrum, the district has developed consistent procedures to document the IEP Team’s consideration of the specific skills and proficiencies needed to avoid and respond to bullying, harassment or teasing.

SE 25Parental consent

DocumentReview

Staff Interviews

A review of documents verified that when a parent revokes consent for special education, the district provides the parent notification that all special education services will be discontinued and provides the notice of procedural safeguards.


Page 7 of 23

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


d

Criterion Partially

Implemented (PI) or

Not Implemente

d (NI)

Method(s) of Investigation


If Partially Implemented or Not Implemented:(a) Required Corrective Action and



SE 3Specific Learning Disability


A review of student records found that the district does not always document the IEP Team’s determination of a student’s specific learning disability. In some instances, student records found that when a student’s special education eligibility changed as a result of a reevaluation, the IEP Team does not always create a written

Please review the Department's technical assistance regarding the eligibility requirements for students suspected of having a specific learning disability (SLD) and revise the district’s procedures as necessary. The Departments technical assistance can be found at: http://www.doe.mass.edu/sped/iep/sld/default.html

Please review the advisory and procedures with the IEP Team chairpersons of the district.Please develop an internal tracking

Please provide the Department with the district’s revised procedures. Please provide evidence of the district’s training to IEP Team chairpersons regarding the SLD documentation requirements. Please include the agenda and signed attendance sheet (with name and role


Page 8 of 23



d

Criterion Partially

Implemented (PI) or

Not Implemente

d (NI)






determination as to why the student no longer meets the eligibility criteria for a specific learning disability.

and monitoring system to ensure that the IEP Team completes the components required to document the IEP Team's written determination of a specific learning disability.

Following the implementation of the district’s corrective actions, please conduct monitoring of student records of initial evaluations and reevaluations. Please be sure to select records of students suspected as having a SLD.

of staff).

Please submit a description of the district’s internal tracking and monitoring system. Please be sure to identify the personnel responsible for supervisory oversight (by name and title). This progress report is due on September 28, 2012.

Please submit a narrative description of the results of the internal monitoring conducted. Please include the numbers of records reviewed and the number of records found in compliance. If any records were found


Page 9 of 23


d

Criterion Partially

Implemented (PI) or

Not Implemente

d (NI)






with continued noncompliance issues, please provide the district’s analysis of the cause of the continued noncompliance and the specific actions taken to address the noncompliance.

Please submit these results by December 14, 2012.

SE 4Reports of

Assessment Results


The review of student records indicated that special education liaisons conducting achievement assessments do not always define in detail and in educationally relevant and common terms, the student’s needs or offer an explicit means of meeting those needs in the assessment reports.

Please conduct training for special education liaisons who conduct achievement testing and IEP Team chairpersons on requirements for developing the report of assessment results.

Additionally, please develop a tracking system that includes supervisory oversight and periodic review of assessment reports to verify that the reports include the required summary information.

Please submit evidence of training including the agenda, signed attendance sheet (with name and role of staff) and any training materials.

Please provide a description on the internal tracking system, including


Page 10 of 23


d

Criterion Partially

Implemented (PI) or

Not Implemente

d (NI)






Please select a sample of 15 records of either initial evaluations or reevaluations representative of the elementary, middle, and high school levels conducted after the district’s corrective actions were completed. Please review the achievement assessment reports to ensure the report includes information on the student’s needs and offers explicit means of meeting those needs.

the personnel responsible for supervisory oversight by name and title.

This progress is due September 28, 2012.

Please submit a narrative description of the results of the internal monitoring conducted. Please include the numbers of records reviewed and the number of records found in compliance.

Should additional noncompliance be identified, please identify the root cause of continued noncompliance and the district’s corrective action(s)


Page 11 of 23


d

Criterion Partially

Implemented (PI) or

Not Implemente

d (NI)






to achieve full compliance. Please submit these results by December 14, 2012.

SE 12Frequency of Reevaluation


A review of student records verified that the district conducts scheduled reevaluations every three years as required by regulation.

SE 13Progress

Reports and Content

Student Record

Review

Staff Interviews

Student records and staff interviews verified that the district developed procedures to ensure that parents of students with disabilities receive progress reports as often as parents of non-disabled students receive progress reports.

SE 14


Page 12 of 23


d

Criterion Partially

Implemented (PI) or

Not Implemente

d (NI)






Review and Revision of

IEPs


A review of student records indicated that the IEP Team routinely convenes on or before the annual anniversary date of the student’s IEP to review, revise, or develop an IEP or refer the student for a reevaluation, as appropriate.

SE 18BDeterminatio

n of Placement; Provision of IEP to parent

PI Document Review


Interview

A review of documents and student records found multiple instances of student placements reflecting a day school program when in fact the students were placed in a substantially separate program (City Academy program) within a regular

The district must review the IEP Placement page for all students with disabilities enrolled in the substantially separate program at the Fecteau-Leary School to determine if the placement page is consistent with a substantially separate program.

If any placement pages have day school designations or other

The district must provide the list of students who were identified as requiring a day school program.

The district will submit evidence of the reconvened IEP


Page 13 of 23


d

Criterion Partially

Implemented (PI) or

Not Implemente

d (NI)






education alternative school. The Fecteau-Leary School serves middle school and high school students.

incompatible designations, please reconvene the IEP Team and revise the IEP and placement accordingly and seek parent/guardian consent to the IEP and placement.

Team meeting (the IEP Team meeting notice and attendance sheet), and the notice of the district’s proposal to act, the signed/rejected consent to IEP page and the signed/rejected placement page for each of the students.

Please submit this progress report by December 14, 2012.

SE 20Least


Student records verified that the IEP Team


Page 14 of 23


d

Criterion Partially

Implemented (PI) or

Not Implemente

d (NI)






Restrictive Environment Document

Review

Staff Interviews

consistently addresses why the student’s removal from the general education classroom is necessary and documents the basis for its conclusion that the education of the students in the less restrictive setting could not have been achieved satisfactorily with the use of supplementary aids and services.

Additionally, a review of documents and staff interviews verified that the district has invested in promoting inclusive teaching practices through targeted, ongoing professional development. Documentation verified that the district has increased its capacity to provide special education services to students with


Page 15 of 23


d

Criterion Partially

Implemented (PI) or

Not Implemente

d (NI)






disabilities within general education by hiring additional special educators throughout the elementary, middle and high schools to provide support. As a result, staff interviews verified that the IEP Team routinely considers whether the student’s unique needs can be met within the general education environment with special education support.

SE 24Notice of School

District’s Proposal or

Refusal to act

PI Student Records

Staff Interviews

A review of student records revealed that the district routinely issues a notice of the school district proposal or refusal to act that addresses the elements required by federal regulations.

However, student records identified that the

Please conduct training for all IEP Team chairpersons on the need to clearly identify the assessments being proposed to address the student’s area of suspected disability.

Please develop a tracking system that includes supervisory oversight and periodic review to ensure that the proposal to conduct an evaluation and seek consent specifies the assessments designed to address the student’s area

Please submit evidence of training held for IEP Team chairpersons. Please include the agenda, materials and attendance sheet (with the name and role of staff).

Please provide a description on the


Page 16 of 23


d

Criterion Partially

Implemented (PI) or

Not Implemente

d (NI)






district’s evaluation consent forms do not always specify the assessments selected to address the student’s area of suspected disability. The evaluation proposed often includes a “Special Education Evaluation” which staff interviews and students records verified is synonymous with a standardized achievement assessment.

of suspected disability

Please select a sample of 15 records for initial evaluations or revaluations conducted after the district completed all of its corrective actions. Please ensure that the sample is representative of the elementary, middle, and high school levels. Please review the records to ensure that the district’s proposed evaluation consent form clearly articulates the assessments intended to assess the student’s area of suspected disability.

internal tracking system, including the personnel responsible for supervisory oversight.

This progress report is due on September 28, 2012.

Please submit a narrative description of the results of the internal monitoring conducted. Please include the numbers of records reviewed and the number of records found to be in compliance.Should additional noncompliance be identified, please indicate the additional corrective action taken to address the


Page 17 of 23


d

Criterion Partially

Implemented (PI) or

Not Implemente

d (NI)






identified concerns and to achieve sustained compliance. Please submit these results by December 14, 2012.

SE 29Communica-

tion in English and in Primary

Language of the Home.

PI Student Records

Although the district does have an established system for providing written translations, a review of student records indicated that when the primary language of the parent is other than English, the district does not always provide

Please ensure the families of the students identified by the Department in the Student Record Issues Worksheet receive written IEP materials and notices in their primary language.

Please track in the district’s data management system whether parents require written communications in a

Please submit evidence that IEP and notices were provided to the families identified in the Student Record Issues Worksheet in their primary language of communication.


Page 18 of 23


d

Criterion Partially

Implemented (PI) or

Not Implemente

d (NI)






written communication in both English and the primary language of the parent.

language other than English. It should be noted that one method of collecting this information could be through the review of the district’s Home Language Survey.

Please provide the IEP Team chairpersons with training on the procedures to secure translations.

Please select a sample of 15 student records for Team meetings conducted after all of corrective actions have been implemented for evidence of required translated documents. Please ensure that the records selected are representative of the elementary, middle, and high school levels. Please review the records to verify that families who require written communication in their primary language received translated materials.

Please provide a description of the district’s procedures for obtaining translations and copies of district tracking logs for the provision of translated materials.

Please be sure to identify the personnel responsible (by name and title) for tracking the provision of written translations. This progress report is due September 28, 2012.

Please submit a narrative description of the results of the internal monitoring. Indicate the number


Page 19 of 23


d

Criterion Partially

Implemented (PI) or

Not Implemente

d (NI)






of student records reviewed, the number of records in compliance, if non-compliance is identified, please indicate the cause of noncompliance and the district’s corrective actions to achieve compliance. This progress report is due December 14, 2012.

SE 32Special

Education Parent

AdvisoryCouncil

Document

Review

Staff Interviews

Parent Advisory Council Member Interview

Interviews and documentation indicated that the school officials and the parent advisory council meet to discuss matters regarding the services of students with disabilities.

SE 34 Document A review of documents Lynn Public Schools Coordinated Program Review Mid-cycle Report

May 23, 2012Page 20 of 23


d

Criterion Partially

Implemented (PI) or

Not Implemente

d (NI)






Continuum of Alternative

Program and Services

Review

Staff Interviews

indicated that the district increased the resources needed to support students in either full or partial inclusion, therefore reducing the reliance on substantially separate programs. For additional information, please see SE 20.

SE 40Instructional

Grouping

Document Review

Staff Interviews

Staff interviews and a review of district documentation revealed multiple instances of noncompliance with instructional grouping requirements in resource room (partial inclusion) settings at Lynn English High School.

Please conduct an analysis of the root cause(s) of the noncompliance at Lynn English High School for students assigned to resource room classes. Upon completion of the analysis, please indicate the corrective actions taken to achieve and sustain compliance.

The district must institute an internal oversight system of periodic review, to ensure that special education instructional groupings meet the regulatory requirements. Please identify the persons(s) responsible by name and role for providing supervisory oversight of the district’s monitoring.

The district must ensure that

Please submit a detailed narrative description of what the district determined was the root cause(s) of noncompliance, the district’s corrective actions and the timelines for implementation.

Submit a description of the internal oversight and tracking system. Please identify the person(s) responsible by


Page 21 of 23


d

Criterion Partially

Implemented (PI) or

Not Implemente

d (NI)






instructional groupings meet regulatory requirements for the 2012-2013 school year.

name and title. Please submit the instructional groupings of resource room classes at Lynn English High school for the 2012-2013 school year, including the initials of the students, the special education teachers and any paraprofessional assigned to the instructional group.

This progress report is due by September 28, 2012

SE 46Procedures for the Suspension

of Students with

Disabilities

DocumentReview

A review of documents verified that the district has incorporated the discipline procedures for students with disabilities into student and parent


Page 22 of 23


d

Criterion Partially

Implemented (PI) or

Not Implemente

d (NI)






handbooks at the elementary, middle, and high school levels.

SE 47Procedural

Requirements for Students

not yet Eligible for Special Education

DocumentReview

Please see commentary for SE 46.

SE 48Equal

Opportunity (FAPE)

DocumentReview

Staff

Interviews

A review of documents as well as staff interviews verified that the district developed procedures to ensure that all students participate in recruitment activities and receive the same information regarding admissions to Lynn Vocational Technical High School.

SE 54Professional Development

Document

Review

Staff Interviews

A review of documents and staff interviews verified that the district provided professional development activities that included training on state and federal regulatory requirements; district policies and


Page 23 of 23


d

Criterion Partially

Implemented (PI) or

Not Implemente

d (NI)






procedures; and accommodating the diverse learning styles of students.

SE 55Facilities

Observation The Department conducted onsite verification visits on February 13, 2012 to the facilities found to have noncompliance issues in the district’s 2008 Coordinated Program Review.

The Department identified the following as a concern while verifying the correction of noncompliance:

The space used for the school adjustment counselor at the Lynn Wood Elementary school is currently located in a hallway that’s enclosed by partitions.

Please develop a proposal for relocation of the space used for the school adjustment counselor that will be implemented for the 2012-2013 school year. The district must ensure that the space provided to the school adjustment counselor is located in an appropriate space to ensure the confidentiality of the students receiving services.

Please submit a written proposal for the relocation of the space used for the school adjustment counselor. This progress report is due June 30, 2102

The Department will conduct an onsite visit to Lynn Woods Elementary school to verify correction of noncompliance on or before September 28, 2012.


Page 24 of 23

MASSACHUSETTS DEPARTMENT OF ELEMENTARY AND SECONDARY EDUCATION MID-CYCLE REVIEW

School District: Lynn Public Schools

M I D – CY C L E P R O G R E S S R E P O R T

Date Prepared: ____________________________________

Prepared by: __________________________________________________________________(name and title)

Criterion: _______________________

Topic: ________________________________________________________________________

For each criterion for which you prepare a progress report, please

make a copy of this cover page, fill in the information requested above, and attach a complete description of the corrective action taken and any accompanying documentation.

(Description of corrective action for each criterion and any accompanying documentation should include all of the “Progress Report Required Elements” for that criterion in the Mid-cycle Report.)

Send the whole set of completed progress reports to:Darlene Lynch, DirectorProgram Quality Assurance ServicesMassachusetts Department of Elementary and Secondary Education75 Pleasant StreetMalden, MA 02148-4906

Rev. 6/30/08

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