Everett Public Schools Mid-Cycle Report 2013
MassachusettsDepartment 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
June 28, 2013
Frederick Foresteire, Superintendent
Everett Public Schools
121 Vine Street
Everett, MA, 02149
Re: Everett Public Schools Mid-cycle Report
Dear Superintendent Foresteire:
Enclosed is the Department of Elementary and Secondary Education's Mid-cycle Report based on the onsite visit conducted in your district in December 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 July 26, 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 Nicole Edgett at 781-338-3723.
Sincerely,
Nicole Edgett, 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
Jane Ewing, Ed.D., Supervisor, Program Quality Assurance Services
Allen Panarese, School Committee Chairperson, Everett Public Schools
Annetta Kelly, Local Program Review Coordinator, Everett Public Schools
Encs:Mid-cycle Report
Mid-cycle Progress Report Form
1
MASSACHUSETTS DEPARTMENT OF ELEMENTARY AND SECONDARY EDUCATIONMID-CYCLE REPORT
Everett Public Schools
Dates of the Mid-cycle Review Onsite: December 17-19, 2012
Date of this Report: June 28, 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
Criterion / Criterion Implemented / 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 / / Staff Interviews
Student Record Review / Student records and staff interviews indicated that the district routinely provides students and parents notice of the transfer of education decision-making rights one year prior to the student reaching age 18.
The notice states that the parent will continue to receive written notices and have access to the student record. The district documents the notification of the transfer of educational decision-making rights to the student and family in the Additional Information section of the IEP.
Student records confirmed that upon students’ reaching the age of 18, the district immediately secures student consent to continue IEP services or, if appropriate, continues to secure the consent of the guardian.
SE 8
IEP Team composition and attendance / / Staff Interviews
Student Record Review
Document
Review / A review of student records and staff interviews indicate that the district’s IEP Teams are consistently convened with all required members in attendance, including a Team member who has the authority to commit district resources.
When a required Team member is unable to participate in an IEP Team meeting, the district secures written parent permission prior to the meeting to excuse the Team member. In addition, the excused required Team member provides a written report in advance for the IEP Team to use in developing or reviewing the IEP. If the parent does not wish to convene the IEP Team meeting without the required member, the district reschedules the meeting.
Staff interviews and document review confirmed that the district has a process to excuse Team members whose areas are not being modified or discussed at the Team meeting.
SE 18A
IEP Development and content / / Document review
Student Record Review / Document review and student record review demonstrated that when a student’s evaluation data indicates that his/her disability affects social skills development or makes them susceptible to bullying, harassment, or teasing, the IEP addresses the skills and proficiencies needed to avoid and respond to bullying, harassment, or teasing. The district’s IEP Teams specifically address the skills needed to respond to bullying, harassment, or teasing for students on the autism spectrum in the student’s IEP.
Please see ESE comments for SE 2 regarding completion of assessments for IEP development.
SE 25
Parental consent / / Document review
Staff Interviews / Document review demonstrated that the district’s procedures require that the parent revoke consent for special education services in writing. Upon receiving the parent’s written request, the district will immediately send a notice indicating that the student’s special education services will be discontinued within a reasonable period of time and where parents can obtain a copy of procedural safeguards.
Document review and staff interviews indicate that these procedures also state that the district will not use mediation or request a due process hearing to obtain agreement or a ruling requiring the continuation of services.
At the time of the onsite review, the district did not have any current records for revocation of consent.
A review of student records confirmed that the district routinely obtains parent consent for an evaluation prior to conducting assessments and holding IEP Team meetings.
Additional Special Education Criteria Monitored in this Mid-cycle Review
Current special education criteria available by scrolling down to the special education instrument at
Criterion / Criterion Implemented / 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 1
Selection of Assessments / / Staff Interviews
Student Record Review / Staff interviews verified that the district has developed guidance for determining the language most likely to yield accurate information upon evaluating a student for special education eligibility. Additionally, interviews verified that the district has the requisite staff to administer assessments in languages other than English.
Student record review confirmed that the district conducts evaluations in languages other than English in order to accurately assess what the student knows and can do academically, developmentally, and functionally.
SE 2
Required and Optional Assessments / Partially Implemented / Staff Interviews
Student Record Review / Staff interviews verified that the district has revised its database system to ensure that consented-to assessments are completed.
However, student record review determined that consented-to educational assessments, the student’s educational history and current teacher assessment respectively, are not consistently found in student files. / Please complete the missing education assessments for individual students identified by the Department in the Student Record Issues Worksheetand reconvene the IEP Team for each.
Please conduct a root cause analysis to explain why educational assessments are not routinely completed. Upon identification of the cause(s), please indicate the corrective actions to address the issue of implementation.
Conduct an internal review of 15 student records from a cross-section of the district’s schools for initial evaluations or re-evaluations conducted after all corrective actions have been implemented. Please review each record to ensure that 1) the student’s educational history and 2) an assessment from a current teacher have been completed and are found in each 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 the review; c) Name of person(s) who conducted the review, their roles(s), and their signature(s). / Provide a narrative description of the corrective actions taken for each student identified in the Student Record Issues Worksheet. Please include a copy of the Team Meeting invitationto the parent.This progress report is due September 30, 2013
Please provide the results of the district’s root cause analysis, including the corrective actions and the associated timelines. This progress report is due September 30, 2013.
Submit the results of the review of student records. 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.
This progress report is due December 13, 2013.
SE3
Requirements for Specific Learning Disability / / Staff Interviews
Student Record Review / Staff interviews and student record review demonstrated that the required written eligibility determination and the four components used to determine eligibility,historic review and educational assessment (SLD 1), area of concern and evaluation method (SLD 2), exclusionary factors (SLD 3) and observation (SLD 4),are consistently completed for students suspected of having a specific learning disability and placed in student files.
SE4
Assessment Reports / / Staff Interviews
Student Record Review / Student record review demonstrated that assessment summaries consistently included the evaluator’s diagnostic impressions and recommendations.
Student records also indicated that educational assessments are not consistently completed and therefore are not available at least two days prior to Team meetings. However, staff interviews confirmed that all other evaluation summaries are available at least two days prior to Team meetings should parents request them.
SE 6
Transition Planning / / Student Record Review / Student record review confirmed that IEP Teams discuss in-district, out-of-district and middle school students’ transition needs annually and developtransition plans on or before their 14th birthday
SE 9
Timelines / Partially Implemented / Student Record Review / Student record review demonstrated that the district consistently holds IEP meetings within 45 day of receipt of the parent’s consent to evaluate.
However, reviewof elementary, middle, and high school student records verified that not all consented-to related service and psychological assessments are completed within 30 days of the district’s receipt of parental consent. / Please conduct a root cause analysis of why psychological and related service evaluations are not completed within the required 30 day timeline. Upon identification of the cause(s), please indicate the corrective actions to address the issue of noncompliance and the timelines for implementation.
Conduct an internal review of 15 student records from a cross-section of the district’s schools for initial evaluations or re-evaluations completed after all corrective actions have been implemented. Please review each record to ensure that consented-to psychological and related service assessments are completed within 30 days of receiving parent consent.
*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 provide the results of the district’s root cause analysis, including the corrective actions and the associated timelines. This progress report is due September 30, 2013.
Please submit a narrative description of the results of the internal monitoring conducted. Indicate the number of student records reviewed, if non-compliance is identified, please indicate the cause of noncompliance and the district’s corrective actions to achieve compliance. This progress report is dueDecember 13, 2013.
SE9A
Elements of Eligibility Determination / / Student Record Review / Student record review showed that IEP Team meetings are consistently convened within 45 days of receipt of parental consent.
SE 11
Independent Educational Evaluations / / Document review
Staff Interviews / Document review demonstrated that the district has procedures consistent with state and federal regulations and no longer uses waivers in lieu of verifying parental income.
At the time of the onsite visit, the district did not have student records with Independent Educational Evaluations within the past two years. However, interviews indicated that the district will reconvene the IEP Team within 10 days of receipt of an independent evaluation.
SE 12
Frequency of Evaluation / / Staff Interviews
Student Record Review / Record review and staff interviews found that the district uses evaluations only to determine whether a student is still eligible for a related service.
SE 14
Review and Revision of IEP / / Staff Interviews
Student Record Review / Student record review found that IEPTeams routinely meet on or before the anniversary date of the IEP to review the student’s progress and to review, revise, or develop a new IEP or refer the student for a re-evaluation.
Additionally, student records showed that the district appropriately utilizes amendments to make changes to the IEP when necessary and not to extend the date of the IEP. Staff interviews further confirmed that the district no longer uses the amendment process to change student placements from in-district to out-of-district.
SE 19
Extended Evaluations / / Staff Interviews
Student Record Review / Student record review and staff interviews verified that the extended evaluation process is no longer used by IEP Teams as a means to complete previously consented-to assessments.
SE 20
Least Restrictive Environment / / Document review
Staff Interviews
Student Record Review / Document review, staff interviews, and student records confirm that the district’s substantially separate behavioral program at the high school is programmatically available for both male and female students. Staff interviews confirm that the district no longer automatically refers female students who require therapeutic or behavioral programs to out-of-district placements.
SE 24
Notice of the school DistrictProposal to Act / / Staff Interviews
Student Record Review / A review of student records confirmed that the district routinely provides families with Notices of Proposed School District Action (N1), Meeting Invitations (N3), and Attendance Sheets (N3A).
Staff interviews and record review also demonstrated that the district contacts parents to follow up on consent to evaluate forms that are unsigned.
However, records showed that the translated copies of the Notice of Proposed District Action (N1) are not consistently found in student files for those families whose primary language is other than English.
Please see ESE comments for SE 29 regarding translation of documents.
Additionally, staff interviews and student records confirmed that when a student is recommended for an evaluation by the Child Study Team, the district routinely proposes an evaluation within five days of the receipt of referral. / Please see required corrective action for SE29.
SE 26
Parent Participation / / Staff Interviews
Student Record Review / A review of student records confirmed that parents routinely attend IEP meetings.
Additionally, interviews with Team Chairpersons confirmed that there is a consistent process for documenting when parents participate via telephone conferencing or other means of participation. IEP Team Chairpersons also indicated that there is a process for documenting multiple cancelled or rescheduled IEP Team meetings. This was verified by record review.
SE 27
Content of Team Meeting Notice / / Student Record Review / A review of student records found that the district routinely provides parents with meeting notices stating the purpose, time, location, and attendees
SE 29
Communications in Primary Language / Partially Implemented / Staff Interviews
Student Record Review / The student record review found that translated documents for families whose primary language is not English are not consistently found in student records.
However, staff interviews confirmed that interpreters are available through the Parent Information Center to provide translation at meetings; these individuals are fluent in Spanish, Portuguese, and Creole. / 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 conduct a root cause analysis of why translated information is not consistently being conducted and/or placed in student records. Upon identification of the cause(s), please indicate the corrective actions to address the issue of noncompliance and the timelines for implementation
Conduct an internal review of 15 student records from families whose primary language is not English and whose IEP meetings were convened after all corrective actions have been implemented.This sample should be drawn from a cross-section of the district’s schools. Please review each record to ensure that documents are translated and in 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 the review; c) Name of person(s) who conducted the review, their roles(s), and their signature(s). / Please submit the evidence of completion indicated for the students identified by the Department in the Student Records Issues Worksheet.
This progress report is dueSeptember 30, 2013.
Please provide the results of the district’s root cause analysis, including the corrective actions and the associated timelines. This progress report is due September 30, 2013.
Please submit a narrative description of the results of the internal monitoring conducted. Indicate the number of student records reviewed, 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 13, 2013.
SE 32
Special Education Parent Advisory Council / / Staff Interviews / Interviews confirmed that there is an active Parent Advisory Council with active by-laws and more than one executive officer
SE 34
Continuum of Alternative Program and Services / / Document review
Staff Interviews
Student Record Review / Please refer to SE 20 for ESE comments.
SE 37
Procedures for Out-of-District Placements / / Document review
Student Record Review / A review of records found evidence of monitoring conducted for students enrolled in out-of district placements.
ESE documentation demonstrated the district completes the required Notice of Intent to Seek Approval for Individual Student Program before placing a studentin an unapproved program.
SE 39A Procedures for students in private school at private expense whose parents reside in district / / Document review
Staff Interviews / Document review and staff interviews confirmed that the district routinely conducts child-find activities for students enrolled in private school at private expense in the district.
SE 39B
Procedures for students in private school at private expense whose parents reside out-of-state / / Document review
Staff Interviews / Document review and staff interviews confirmed that the district routinely conducts child-find activities for students enrolled in private school at private expense in the district.
SE 40
Instructional Grouping / / Document review / Document review demonstrated that instructional groupings for all substantially separate classes at the English Elementary School, Keverian School and for substantially separate and pull-out classes at Everett High School meet regulatory requirements for student-staff ratios.
SE 42
Programs for children age 3 an under / / Document review / Document review of the instructional groupings at the Webster Early Childhood Program verified that the program does not have any instructional groups that exceed the regulatory requirements for staff-student ratios.
SE 43
Behavioral Interventions and Supports / / Staff Interviews
Student Record Review / At the time of the onsite review, the district did not have any students in an Interim Alternate Educational Setting (IAES). Staff interviews confirmed that the district has discontinued its practice of placing students in an IAES for conducting clinical assessments.
Student record review found that the district routinely obtains parental consent for any change in a student’s educational placement.
Student record review also demonstrated that the district no longer changes a student’s educational placement by using the IEP amendment process.
SE 46
Procedures for Suspension / / Staff Interviews
Student Record Review / Student record review verified that the district conducts manifestation determination meetings routinely to review whether there is a direct and substantial relationship between the disciplinary incident and the student’s disability before the student is suspended more than ten (10) days.
Please see SE 43 for additional ESE commentary.
SE 47
Procedures for students with suspected disability / / Staff Interviews / Staff interviews confirmed that the district no longer makes placement recommendations before assessments are completed.
At the time of the onsite visit, the district did not have any expedited evaluations for students suspected of having a disability available to review.
SE 53
Paraprofessional / / Document review / Document review verified that all of the district’s Physical Therapy assistants are currently licensed.
Everett Public Schools Coordinated Program Review Mid-cycle Report