David P. Driscoll, Commissioner of Education

Transcription

1 ACTON-BOXBOROUGH REGIONAL SCHOOL DISTRICT COORDINATED PROGRAM REVIEW REPORT OF FINDINGS Dates of Onsite Visit: March 28, 2005 April 1, 2005, April 5, 2005 Date of Draft Report: November 2, 2005 Due Date for Comments: December 2, 2005 Date of Final Report: February 3, 2006 Action Plan Due: March 20, 2006 Department of Education Onsite Team Members: Dalis Dominguez Robyn Dowling-Grant Jane Ewing Michelle Griffin Mary Lauzon Nathan Lemmon Suman Luke Janis McManus Juan Tapia Karen Tooms-Harling David P. Driscoll, Commissioner of Education

2 MASSACHUSETTS DEPARTMENT OF EDUCATION COORDINATED PROGRAM REVIEW ACTON-BOXBOROUGH REGIONAL SCHOOL DISTRICT Table of Contents OVERVIEW OF REVIEW PROCEDURES...3 REPORT INTRODUCTION...6 EXECUTIVE SUMMARY...8 DEFINITION OF TERMS...13 COMPONENT I: ASSESSMENT OF STUDENTS...16 SPECIAL EDUCATION...17 ENGLISH LEARNER EDUCATION...28 COMPONENT II: STUDENT IDENTIFICATION AND PLACEMENT...30 SPECIAL EDUCATION...31 CIVIL RIGHTS METHODS OF ADMINISTRATION...38 TITLE ENGLISH LEARNER EDUCATION...45 COMPONENT III: PARENTAL INVOLVEMENT...49 SPECIAL EDUCATION...50 CIVIL RIGHTS METHODS OF ADMINISTRATION...56 TITLE SAFE AND DRUG FREE SCHOOLS...60 ENGLISH LEARNER EDUCATION...62 COMPONENT IV: CURRICULUM AND INSTRUCTION...64 SPECIAL EDUCATION...65 CIVIL RIGHTS METHODS OF ADMINISTRATION...73 TITLE SAFE AND DRUG FREE SCHOOLS...79 ENGLISH LEARNER EDUCATION...80 COMPONENT V: STUDENT SUPPORT SERVICES...82 SPECIAL EDUCATION...83 CIVIL RIGHTS METHODS OF ADMINISTRATION...88 TITLE ENGLISH LEARNER EDUCATION...96 COMPONENT VI: FACULTY, STAFF AND ADMINISTRATION...99 Acton-Boxborough Regional School District Coordinated Program Review Report Page 2 of 142

3 SPECIAL EDUCATION CIVIL RIGHTS METHODS OF ADMINISTRATION TITLE ENGLISH LEARNER EDUCATION COMPONENT VII: SCHOOL FACILITIES SPECIAL EDUCATION CIVIL RIGHTS METHODS OF ADMINISTRATION ENGLISH LEARNER EDUCATION COMPONENT VIII: PROGRAM PLAN AND EVALUATION SPECIAL EDUCATION CIVIL RIGHTS METHODS OF ADMINISTRATION TITLE SAFE AND DRUG FREE SCHOOLS ENGLISH LEARNER EDUCATION COMPONENT IX: RECORD KEEPING SPECIAL EDUCATION TITLE SAFE AND DRUG FREE SCHOOLS ENGLISH LEARNER EDUCATION APPENDIX I: NUTRITION PROGRAMS AND SERVICES APPENDIX II: SCHOOL DISTRICT PROFILE INFORMATION Acton-Boxborough Regional School District Coordinated Program Review Report Page 2 of 142

4 MASSACHUSETTS DEPARTMENT OF EDUCATION COORDINATED PROGRAM REVIEW REPORT ACTON-BOXBOROUGH REGIONAL SCHOOL DISTRICT OVERVIEW OF REVIEW PROCEDURES As one part of its Accountability System, the Department of Education oversees local compliance with education requirements through the Coordinated Program Review System (CPR). All reviews include the following selected requirements: special education under the federal Individuals with Disabilities Education Act (IDEA-97), and M.G.L. Chapter 71B (Chapter 766 of the Acts of 1972); federal civil rights requirements under Title VI of the Civil Rights Act of 1964, the Equal Educational Opportunities Act of 1974, Title IX of the Education Amendments of 1972, Section 504 of the Rehabilitation Act of 1973, and Title II of the Americans with Disabilities Act of 1990, together with related state requirements under M.G.L. Chapter 76, Section 5 (Chapter 622 of the Acts of 1971) and other Massachusetts General Laws; targeted standards from the Board of Education s Physical Restraint regulations (603 CMR 46.00); targeted standards from the Board of Education s Student Learning Time regulations (603 CMR 27.00); targeted standards from the federal McKinney-Vento Homeless Education Assistance Improvements Act of 2001 (included in the No Child Left Behind Act of 2001); and provisions of M.G.L. c. 71A, the state law that governs the provision of education to limited English proficient students. Note that due to the voters approval in 2002 of an initiative petition entitled Question 2, M.G.L. c. 71A has been significantly amended. Under the amended Chapter 71A, limited English proficient students, now referred to as English learners, must be provided instruction in sheltered English immersion or two-way bilingual programs unless they have received a waiver. As a result of this change in the law, the Department s Coordinated Program Review standards under Chapter 71A were significantly revised for the school year. All districts that enroll limited English proficient students will be reviewed using these updated standards during the school year. Additional program areas reviewed during the Coordinated Program Review visits in selected districts may include: Title I of the Elementary and Secondary Education Act of 1965, including other related grants funded by the No Child Left Behind Act of 2001; Safe and Drug-Free Schools and Communities Act; Career and Technical Education requirements under the federal Perkins Vocational and Applied Technology Education Act and M.G.L. c. 74; Innovative assistance programs funded under Title V of the No Child Left Behind Act; and Nutrition Programs and Services. The Department s schedule of Coordinated Program Reviews is posted on the Department s web site at << The statewide six-year Program Review cycle together with the Department s Mid-cycle Special Education follow-up monitoring schedule is posted at << Acton-Boxborough Regional School District Coordinated Program Review Report Page 3 of 142

5 Coordinated Program Review Elements Team: Scope: Content: Report: Depending upon the size of a school district and the number of program areas to be reviewed, a team of two to eight Department staff members together with any necessary outside consultants conducts a Coordinated Program Review over two to ten days in a school district or charter school. Fifty-five school districts and charter schools are scheduled to receive visits in school through the Department's Coordinated Program Review system on a six-year cycle with an additional mid-cycle special education follow-up visit. The Program Review criteria encompass the required elements for the specific program areas. In the case of special education, the elements selected for the reviews contain, at a minimum, those required by the federal Office for Special Education Programs (OSEP) and revised requirements included under IDEA-97 as described in the Department's Special Education Advisories. Additionally, the reviews incorporate state special education requirements as adopted by the Board of Education and effective on December 20, The Program Review compliance criteria selected in all of the regulated program areas are those that are most closely aligned with the goals of the Massachusetts Education Reform Act of 1993, and intended to promote high standards and achievement for all students. The Department's report is based on a review of written documentation and data regarding the operation of the district's programs, together with information gathered through the following Department program review methods: Interviews of administrative, instructional, and support staff across all grade levels. Interviews of parent advisory council (PAC) representatives and other interviews as requested by persons from the general public. Student record reviews in the program areas of special education, English learner education (c. 71A), Career and Technical Education, and Section 504 (student accommodation plans). A representative sample of student records is selected by the Department. Student records are examined by the onsite team using standard Department student record review procedures to make determinations regarding the implementation of procedural and programmatic requirements. Parents of students with disabilities whose files are selected for the record review are sent a survey that solicits information regarding their experiences with the district s implementation of special education programs, related services and procedural requirements. Classroom and facilities observation. The onsite team visits a sample of instructional classrooms and other school facilities used in the delivery of programs and services to determine general levels of compliance with program requirements. Collaborative programs and services. Where the district is a member of a collaborative approved by the Department of Education and is a site for programs or services operated by the collaborative, interviews, student record review, and classroom and facility observations are conducted for the collaborative. Acton-Boxborough Regional School District Coordinated Program Review Report Page 4 of 142

6 An Executive Summary and detailed findings for each program area describe determinations of the Department about the implementation status of each requirement (criterion) reviewed. Response: In the Final Report the team notes those criteria that it found to be substantially implemented or whose implementation it found to be commendable. Where criteria are found not to be implemented fully, the local district or charter school must propose corrective actions to bring those areas into compliance with the respective statutes or regulations. The Department believes that the Coordinated Program Review process is a positive experience and that the Final Report is a helpful planning document for the continued development and improvement of programs and services in each school district, charter school, and educational collaborative. Acton-Boxborough Regional School District Coordinated Program Review Report Page 5 of 142

7 REPORT INTRODUCTION An eleven-member Massachusetts Department of Education team visited the Acton-Boxborough Regional School District during the weeks of March 22, 2005, March 29, 2005 and on April 6, 2005 to evaluate the implementation of selected criteria in the program areas of Special Education, Civil Rights, English Learner Education, Nutrition, Safe and Drug Free Schools, and Title I. The team appreciated the opportunity to interview staff and parents, to observe classroom facilities and to review the programs underway in the district. The onsite team would like to commend the following areas that were brought to its attention and that it believes have a significant and positive impact on the delivery of educational services for students enrolled in the Acton-Boxborough Regional School District. These areas are as follows: Several areas in the Safe and Drug Free Schools program were found to be commendable. Among these are the areas of parental involvement in the Safe and Drug Free Schools program, as well as the development of the district s application through timely and meaningful consultation with community agencies, parents, students and representatives from the schools and prevention community. The coordination of the district s programs and projects with community-wide efforts to achieve the district s goals for drug and violence prevention, and district collaboration were also found to be commendable. In the area of Nutrition, the district s sanitation and health standards were found to be commendable. Department staff repeatedly heard of efforts to ensure that the district forms positive collaborative relationships within its community, and the district is to be commended on the level of community collaboration on the whole. The district is also to be commended on the level of coordination of its administrative staff. The administrative cabinet meets weekly and the administrative council meets monthly. The district is also commended on the outstanding sanitation observed during meal preparation, serving and cleanup. The district has made ELE parent involvement a focus. The district has implemented a paired buddies program, in which English proficient parents are placed with limited English proficient parents to facilitate the involvement of limited English proficient parents involvement in the school. The district offers a night ESL class for LEP parents, with financial aid if necessary. Some of the commendations noted above are repeated within the body of the Department s report under the appropriate compliance criteria. The Department is submitting the following Coordinated Program Review Report containing findings made pursuant to this onsite visit. In preparing this report, the team reviewed extensive written documentation regarding the operation of the district's programs, together with information gathered by means of following Department program review methods: 17 interviews with administrative staff. 55 interviews of teaching and support services staff across all levels. Interviews of one parent advisory council (PAC) representative and interviews of five parents concerning the Safe and Drug Free Schools program and one parent concerning the Title I program. Interviews as requested by persons from the general public. Student record reviews: A sample of fifteen special student records and ten English Learner Education records were selected by the Department. Student records were first examined by local staff, whose findings were then verified by the onsite team using standard Department of Education Acton-Boxborough Regional School District Coordinated Program Review Report Page 6 of 142

8 student record review procedures to make determinations regarding the implementation of procedural and programmatic requirements. Parent surveys: A number of parents of students with disabilities were sent surveys that solicited information regarding their experiences with the district s implementation of special education programs, related services and procedural requirements. Twelve of these parent surveys were returned to the Department of Education for review by the onsite team. Observation of classrooms and other facilities. A sample of 22 instructional classrooms and other school facilities used in the delivery of programs and services were visited to determine general levels of compliance with program requirements. Department staff also toured the junior high and high school buildings, and viewed additional instructional spaces during these tours. The report includes findings in the program areas reviewed organized under nine components. These components are listed in the executive summary on the following pages. The findings in each program area explain the ratings, determinations by the team about the implementation status of the criteria reviewed. The ratings indicate those criteria that were found by the team to be substantially Implemented or implemented in a Commendable manner. (Refer to the Definition of Terms section of the report.) Where criteria were found to be either "Partially Implemented" or "Not Implemented," the district or charter school must propose to the Department corrective actions to bring those areas into compliance with the controlling statute or regulation. In some instances the team may have rated a requirement as Implemented but made a specific comment on the district s implementation methods that also may require response from the district or charter school. Districts are expected to incorporate the corrective action into their district and school improvement plans, including their professional development plans. Acton-Boxborough Regional School District Coordinated Program Review Report Page 7 of 142

9 COORDINATED PROGRAM REVIEW REPORT EXECUTIVE SUMMARY ACTON-BOXBOROUGH REGIONAL SCHOOL DISTRICT The following summary synthesizes the findings for criteria included in the Coordinated Program Review as they respond to essential questions that the Department has formulated for each of the components of the report. Note that a more detailed discussion of the onsite team s findings, together with the specific legal standards for each program area included in this review, follows this summary. Component I: Assessment of Students Has the district implemented an assessment system that uses appropriate instruments, is conducted according to the specified timelines, and covers the appropriate content areas to determine instructional needs of students? The district ensures that students with disabilities do participate in state-wide and districtwide assessments. The district responds appropriately to requests for independent evaluations, and is aware of the requirements concerning re-evaluation of disabled students. Annual review Team meetings are generally held on time. While assessment of students for special education eligibility is generally good, the form that the district uses for evaluation consent does not contain the section for optional assessments, which are a required component consistent with state regulations. Record review indicates that the age of majority notice was not consistently sent in a timely manner. Interviews indicate that district IEP Team chairpersons do not always have the authority to commit the resources of the district, and that at times, chairpersons must consult with a higher administrative authority, or teams must reconvene before committing to expensive services or placements. Annual assessment of English language learners is conducted appropriately. The district ensures that Limited English Proficient students participate in the MCAS. Component II: Student Identification and Program Placement Has the district followed procedures for student identification and placement into the program according to the criteria specified in regulations? Teams consider the least restrictive environment for students with special education needs, and extended school day and school year services. IEPs are in effect for each student at the beginning of each school year. However, the district does not consistently provide the completed IEP to parents/guardians immediately following its development. The district also relies on out of district placements to complete the IEP, which has caused delays with the provision of IEPs for students in these placements. A district document permits a decision to return an out-of-district student to the public school setting to be made outside of the Team process, by the out-of-district coordinator and a department chairperson, with a Team meeting being held afterward. Although the district has asserted that this form has never been interpreted to permit such a placement determination, the form and the practice it outlines are problematic, in that they could lead to decision-making outside of the Team process. The district has appropriate procedures for identifying students who are Limited English Proficient. However, these students and their parents are not appropriately informed of the Acton-Boxborough Regional School District Coordinated Program Review Report Page 8 of 142

10 waiver and opt-out provisions. LEP students are not provided equal access to the district s academic and non-academic programs, as they are given audit or half-credit for classes, do not always take all of the same content area classes as their non-lep peers, and do not receive general notices in their native language. Teachers of LEP students are not properly trained in the provision of sheltered instruction, nor are teachers who provide English language instruction appropriately qualified to do so. While the district has appropriate exit procedures, once students are exited, they do not receive follow-up support unless they seek it. Students are selected for Title I on the basis of multiple, objective educationally related criteria. All teachers and teaching assistants are dedicated to providing English Language Arts and other reading/literacy instruction to students requiring academic support. The district has a Homeless Education Liaison who has developed and implemented procedures and practices to ensure that homeless students are identified, enroll in the school and given equal access to all programs and services that they are eligible. The School Committee has approved homeless policies as specified under No Child Left Behind Act, The Homeless Liaison has a wide network of social and health agencies, community members, faith based groups and school staff reaching out and supporting homeless students in Acton. Component III: Parental Involvement Has the district ensured that parents are notified in the appropriate language and are involved in decisions regarding their children's programs and services? Where appropriate, does the district involve community representatives in shaping programs? The district s notice forms and consent to evaluate forms do not meet requirements of applicable regulations. Parents are appropriately notified of Team meetings, and parent participation in Team meetings is good. However, IEPs are not issued to parents in a timely manner. When an IEP is unsigned or rejected, although the district does have in place appropriate procedures for making multiple efforts to secure consent and to forward the IEP to the BSEA, student record review indicates that these procedures are not always followed.. The district does provide support to the PAC and to another parent group, however, the district did not demonstrate how the PAC advises it on matters relating to special education, or how the PAC participates in the evaluation of the school district s special education program. Efforts have been made in the past to try to improve the relationship between the PAC and the district. The district has made good efforts to involve parents of ELE students in the education of their children, by offering translators at conferences, by translating IEPs, and by offering an ESL course for parents and scholarships for parents to attend that course. However, report cards and other notices of academic and non-academic activities are not always translated into the primary language of the home, so parents of ELE students are not fully included in matters pertaining to their children s education. The parents of Title I students are involved in a number of activities and receive educational materials to help their children improve their academic achievement. Opportunities have to be provided to parents of Title I students to be actively involved in the development of parent policies and school- parent compacts. The Homeless Education Liaison has done outreach and disseminated information in public places to ensure that parents and guardians of homeless students are informed of the educational and related opportunities available to their children. This information is Acton-Boxborough Regional School District Coordinated Program Review Report Page 9 of 142

11 available on the district s web site, school posters and in various other ways. Information has been disseminated to agencies and churches. An exemplary level of consultation occurs in a timely and meaningful way with community agencies, hospitals, parents, students, state and local law enforcement, private schools, DA s Office, principals, administrators, teachers, nurses, guidance counselors, Acton-Boxborough residents, health agencies and groups with expertise in drug and violence prevention for the development and implementation of the Safe and Drug Free Schools programs and activities. Acton-Boxborough has a very active and diverse Health Advisory Committee involved in the planning, delivery and evaluation of the substance and violence prevention programs of the school system, as well as in the community. The district collaborates with community agencies and other school staff on writing grants and has been successful receiving funding from local, state, and federal sources as well as other foundations for school and communitywide programs. It is evident that the district promotes, involves and maintains an exemplary parent component model at the middle and high school levels. Component IV: Curriculum and Instruction Does the district hold all students to high expectations and standards? Are programs designed to maximize student performance and students participation in the general curriculum? Is curriculum throughout the districts programs aligned with the Massachusetts Curriculum Frameworks? Has the district provided for coordination across program areas? Special education students receive instruction that is based on the curriculum frameworks. Assistive technology is considered and utilized, and the Department team saw examples of assistive technology in building tours and classroom observations. The district provides a continuum of services and placements to address the needs of a diverse population of special education students. The district must remedy some instructional group size and age span issues. And, the district must change written practices that could impede equal access of outof-district disabled students to extracurricular activities. The district must also address identified time and learning issues at the high school, as well as the early release of high school seniors. As has been mentioned previously, regular classroom teachers of LEP students are not properly trained in SEI and the English Language Proficiency Benchmarks and Outcomes. District notices related to identification of students as LEP must be changed to reflect full requirements. The Title I curriculum is subject and grade appropriate and aligned with the Massachusetts Curriculum Frameworks. The staff uses scientifically based research materials to instruct students. Homeless students have the same accessibility to programs and activities as all other students in the district. Also, transportation and scholarships are available for extra curricular activities. The SDFS Coordinator provides an exemplary level of coordination and/or collaboration with all Program Directors, Administrators, Coordinators of Title I, Title II, and Title V and other members of the community and school staff to address their specific needs and in the development and implementation of all programs and activities for students, staff and parents. Acton-Boxborough Regional School District Coordinated Program Review Report Page 10 of 142

12 Component V: Student Support Services Has the district ensured that all students have equal access to programs and services? Does the district provide support to students who need it? In general, the district appropriately addresses the needs of students whose behavior impedes their learning or that of other students. The district has appropriate procedures for recording suspensions, and for conducting manifestation determinations when appropriate. Interviews indicate that appropriate staff members are aware of requirements applicable to students who are not yet determined eligible for special education. However, these procedures are not all found in handbooks. Teams consider special transportation and related services, when appropriate. The district may not, however, require every special education Team to consider whether a student can adhere to the discipline code; this is only relevant when appropriate to an individual student s circumstances. The district has appropriately designated liaisons to meet most civil rights requirements. The district must ensure that handbooks are revised to appropriately reflect all requirements. In addition, native language counseling is not currently provided to LEP students. Notices to students who are 16 or over and leaving school without a high school diploma are not consistently sent in a timely manner, and, when sent, do not always meet requirements of law. ELE students are not provided equal access to academic programs and services, as they often audit classes for no credit or half credit, and sometimes do not take the same content area classes as their non-ele peers. While some staff persons do follow up with students who have been exited from the ELE program, this is not documented in student records. The private schools have been contacted and no Title I services are provided. There are no Neglected or Delinquent facilities in the district. Component VI: Faculty, Staff and Administration Does the district maintain licensed staff in the specific program areas, provide supervision of aides and tutors, and provide ongoing professional development? Are program leadership and oversight effective? Are the district s personnel procedures non-discriminatory and does it seek to recruit employees from all groups? Instructional supports are appropriately provided to most students, and the district has in place a curriculum accommodation plan. The principals and special education administrator coordinate the delivery of special education services with each school building. Most, but not all, special education teachers are appropriately certified. And, staff persons teaching ESL to LEP students are not appropriately certified to do so. While some district staff have received training on some civil rights topics, the district did not provide evidence that all staff were trained concerning civil rights responsibilities. Training is offered to staff on cultural awareness and other topics; however, teachers of sheltered English immersion classrooms are not appropriately trained. Based on interviews and observations, all faculty, staff and administrators provide services to improve Title I student academic achievement. Staff members participate in many professional development activities to address the needs of the Title I students. Component VII: School Facilities Acton-Boxborough Regional School District Coordinated Program Review Report Page 11 of 142

13 Does the district maintain accessible facilities that are conducive to learning, facilitate integration, and provide equal opportunity for students to achieve? The ADA checklist submitted by the district indicates that there are issues with the slope of wheelchair ramps at the Junior High School, and that there are signage issues at the Administration Building. In addition, the Coordinated Program Review team observed signs at the high school specifically identifying special education instructional spaces as such. English Language Learner (ELL) students are taught in the Academic Support Center, to which other students are permitted to come in and out to study. Though there is a divider placed in the class, it is not a floor-to-ceiling divider. This is not a comparable instructional space. Component VIII: Program Plan and Evaluation Does the district evaluate its programs in accordance with regulatory requirements? Does it use the results of its evaluations to improve programs? Do parents have opportunities for input on program needs, program implementation, and program evaluation and improvement? While the district does engage in some evaluation activities, it does not formally evaluate its special education, civil rights or English Learner Education programs. And, the needs assessment and data analysis were not conducted in each Title I school. Curriculum is reviewed as part of department-wide or district-wide efforts, however, the district did not provide evidence that all individual teachers review all educational materials as required by state law. Not all required Title I documentation is maintained and available for review. The rank order list should indicate the scores to identify students eligible for Title I services and rank order them according to their academic need. The district does have in place a well-developed process to determine the current level of substance abuse and violence problems among students in the community. A Youth Risk Behavior Survey for 7th-12th grade students has been developed to be administered every other year, and goals, measurable objectives and activities have been established for its prevention programs that address needs identified in the objective analysis. An evaluation process is employed to measure the district s progress toward achieving its goals and objectives. There is evidence that evaluation results are used to refine, improve and strengthen the local programs and activities, and that the evaluations results, goals and objectives for SDFSCA programs are reported publicly on a consistent basis. Component IX: Record keeping Does the District maintain required records and documentation for each program area? Are entitlement grants appropriately designed, amended, and monitored? Does the district use federal grant funds in accordance with statutory fund-use rules, including supplement not supplant provisions where applicable? Does the district meet applicable maintenance of effort requirements? The district has in place appropriate procedures to ensure an accurate child count. The special education entitlement grant is designed by appropriate local administrators, who are responsible for the implementation of the local special education programs and services. The required Title I documentation was not all maintained and on file. The rank order list of students should indicate "points" or "score" of each eligible student eligible to receive Title I Acton-Boxborough Regional School District Coordinated Program Review Report Page 12 of 142

14 services. With respect to the district s Safe and Drug Free Schools program, appropriate accounting documentation was found and budget procedures are in place and approved budgets and amendments are on file for fiscal year 2004 and Expenditures are strictly related to the intent of the grant. Time distribution logs are maintained for individuals funded under the SDFSCA funds. The district conveys a very clear message that acts of violence and illegal use of drugs are wrong and harmful. Sets of assurances, schools discipline policies, security procedures and crisis management plan include all the required SDFS information for keeping schools safe and drug free. Records of ELE students did not contain all required components. DEFINITION OF TERMS FOR THE RATING OF EACH COMPLIANCE Commendable Any requirement or aspect of a requirement implemented in an exemplary manner significantly beyond the requirements of law or regulation. Implemented The requirement is substantially met. Partially Implemented The requirement, in one or several important aspects, is not entirely met. Not Implemented The requirement is totally or substantially not met. Not Applicable The requirement does not apply to the school district or charter school. Several key areas of compliance with federal special education requirements have been highlighted in SHADED TEXT in the Program Review Criteria. These highlighted areas are included in the Massachusetts Continuous Improvement Plan (CIP) that is being used by the U.S. Department of Education, Office of Special Education Programs (OSEP), to track over time this state s compliance in these key areas. Acton-Boxborough Regional School District Coordinated Program Review Report Page 13 of 142

15 School District or Charter School: ACTON-BOXBOROUGH REGIONAL SCHOOL DISTRICT SUMMARY OF COMPLIANCE CRITERIA INCLUDED IN THIS REPORT RECEIVING A COMMENDABLE RATING FROM THE DEPARTMENT OF EDUCATION Special Education Civil Rights and Other General Education Requirements Safe and Drug Free Schools SDF 1, SDF 2, SDF 3, SDF 4, SDF 5 Nutrition Programs and Services NS 6 Title I English Learner Education SUMMARY OF COMPLIANCE CRITERIA INCLUDED IN THIS REPORT REQUIRING CORRECTIVE ACTION PLAN DEVELOPMENT in response to the following COORDINATED PROGRAM REVIEW REPORT FINDINGS PROGRAM AREA Special Education Special Education Criteria Not Applicable: SE 17, SE 42 PARTIALLY IMPLEMENTED SE 2, SE 7, SE 8, SE 9, SE 18A, SE 18B, SE 24, SE 25, SE 28, SE 32, SE 37, SE 40, SE 41, SE 47, SE 48, SE 51, SE 55, SE 56 NOT IMPLEMENTED OTHER CRITERIA REQUIRING RESPONSE Civil Rights and Other General Education MOA 2, MOA 3, MOA 4, Requirements MOA 7, MOA 7A, MOA 7B, MOA 7C, MOA 8, MOA 9, MOA 10A, MOA 11A, MOA 13, MOA 14, MOA 16, MOA 17A, MOA 18A, MOA 21, MOA 22, MOA 23, MOA 24, MOA 25 Title I TI 21, TI 23, TI 30, TI 32, TI 33, TI 39, TI 7, TI 11, TI 12 Title I Criteria Not Applicable: TI 26, TI 27, TI 28, TI 29B, TI 34, TI 35, TI 36, TI 37, TI 38, TI 9, TI 10, TI 17 Acton-Boxborough Regional School District Coordinated Program Review Report Page 14 of 142

16 PROGRAM AREA Safe and Drug Free Schools English Learner Education Nutrition Programs and Services PARTIALLY IMPLEMENTED ELE 4, ELE 5, ELE 6, ELE 7, ELE 8, ELE 9. ELE 10, ELE 11, ELE 12, ELE 13, ELE 14, ELE 15, ELE 16, ELE 17, ELE 18 NS 2, NS 3, NS 4 NS 1 NOT IMPLEMENTED OTHER CRITERIA REQUIRING RESPONSE NOTE THAT ALL OTHER CRITERIA REVIEWED BY THE DEPARTMENT THAT ARE NOT MENTIONED ABOVE HAVE RECEIVED AN IMPLEMENTED RATING. Acton-Boxborough Regional School District Coordinated Program Review Report Page 15 of 142

17 COMPONENT I: ASSESSMENT OF STUDENTS The criteria in this component examine whether the District has implemented an assessment system that uses appropriate instruments, conducted according to the specified timelines and covering the appropriate content areas to determine instructional needs of students for the program areas listed below: Special Education (Report Issues # SE 1-14) English Learner Education (Report Issues # ELE 1-2) Acton-Boxborough Regional School District Coordinated Program Review Report Page 16 of 142

18 SE 1 SPECIAL EDUCATION I. ASSESSMENT OF STUDENTS Assessments are appropriately selected and interpreted for students referred for evaluation 1. Tests and other evaluation materials are: a. validated b. administered and interpreted by trained individuals c. tailored to assess specific areas of educational need d. selected and administered to reflect aptitude and achievement levels e. as free as possible from cultural and linguistic bias f. provided in the student's native language or other mode of communication where feasible g. not the sole criterion for determining an appropriate educational program h. not only those designed to provide a single general intelligence quotient i. are selected and administered to ensure that when a test is administered to a student with impaired sensory, manual, or speaking skills, the test results accurately reflect the student's aptitude or achievement level or the other factors the test purports to measure j. technically sound instruments that may assess the relative contribution of cognitive and behavioral factors, in addition to physical or developmental factors 2. In interpreting evaluation data and making decisions, the district: a. uses information from a variety of sources to gather relevant functional and developmental information, including information provided by the parent b. ensures that information obtained from these sources is considered c. ensures that the placement decision conforms with placement in the least restrictive environment d. includes information related to enabling the student to be involved in and progress in the general curriculum State Regulations Federal Requirements CFR , CFR (b) Acton-Boxborough Regional School District Coordinated Program Review Report Page 17 of 142

19 SE 2 Required and optional assessments 1. Required assessments: The following assessments are completed by appropriately credentialed and trained specialists for each referred student: a. Assessment(s) in all areas related to the suspected disability (ies) including consideration of any needed assistive technology devices and services and/or instruction in braille. b. Educational assessment by a representative of the school district, including a history of the student s educational progress in the general curriculum. c. Assessment by a teacher(s) with current knowledge regarding the student s specific abilities in relation to learning standards of the Massachusetts Curriculum Frameworks and the district curriculum, as well as an assessment of the student s attention skills, participation behaviors, communication skills, memory, and social relations with groups, peers, and adults. d. For a child being assessed to determine eligibility for services at age three (3), an observation of the child s interactions in the child s natural environment or early intervention program is strongly encouraged together with the use of current assessments from early intervention Teams to avoid duplicate testing. 2. Optional assessments: The Administrator of Special Education may recommend or the parent may request one or more of the following: a. A comprehensive health assessment by a physician that identifies medical problems or constraints that may affect the student's education. The school nurse may add additional relevant health information from the student s school health records. b. A psychological assessment by a certified school psychologist, licensed psychologist, or licensed educational psychologist, including an individual psychological examination. c. A home assessment that may be conducted by a nurse, psychologist, social worker, guidance or adjustment counselor, or teacher and includes information on pertinent family history and home situation and may include a home visit, with the agreement of the parent 3. At the re-evaluation of a student, if the Team decides that no additional assessments are needed to determine whether the student continues to be eligible for special education, the school district recommends to the student s parents the following: a. that no further assessments are needed and the reasons for this; and b. the right of such parents to request an assessment. State Regulations Federal Requirements Acton-Boxborough Regional School District Coordinated Program Review Report Page 18 of 142

20 28.04 (1) and (2) ; (a)(2)(v) Rating: Partially Implemented District Response Required: Yes Department of Education Findings: The form that the district uses for evaluation consent does not contain the section for optional assessments. Although most of the optional assessments in state regulations are listed on the district s forms, this is not an exclusive list. Parents must be informed of their right to request optional assessments. SE 3 Special requirements for determination of specific learning disabilities When the district proposes to evaluate a child suspected of having a specific learning disability, the following requirements are implemented: a. Team membership: The district ensures the Team includes at a minimum the parent, the child s regular classroom teacher appropriate to the age of the child and at least one person qualified to conduct individual diagnostic examinations of children. b. Criteria for determining the existence of a specific learning disability: 1. the achievement is determined not to be commensurate with the age and ability of the child; 2. a severe discrepancy exists in one or more areas between achievement and intellectual ability in oral expression, listening comprehension, written expression, basic reading skill and reading comprehension, mathematics calculation and reasoning; 3. the severe discrepancy between ability and achievement is not resulting from visual, hearing or motor impairment, mental retardation, emotional disturbance or environmental, cultural or economic disadvantage. c. Required observation of the child: 1. at least one Team member other than the child s regular teacher observes the child s academic performance in the regular classroom setting; 2. if the child is less than school age, the observation is conducted in an environment appropriate for a child of that age. d. Written documentation of the Team s determination of eligibility due to the presence of a specific learning disability includes the following: 1. statement whether the child has a specific learning disability; 2. the basis for making the determination; 3. the relevant behavior noted during the observation of the child; 4. the relationship of that behavior to the child s academic functioning; 5. the educationally relevant medical findings, if any; 6. statement whether there is a severe discrepancy between achievement and ability that is not correctable without special education and/or related services; and 7. the determination of the Team concerning the effects of environmental, Acton-Boxborough Regional School District Coordinated Program Review Report Page 19 of 142

21 cultural, or economic disadvantage. e. Required written certification of Team members: Each Team member certifies in writing whether the report reflects his or her conclusion. If not, the Team member submits a separate statement presenting his or her conclusions. State Regulations Federal Requirements 34 CFR SE 4 Reports of assessment results 1. Each person conducting an assessment shall summarize in writing the procedures employed, the results, and the diagnostic impression, and shall define in detail and in educationally relevant and common terms, the student s needs, offering explicit means of meeting them. Assessors may recommend appropriate types of placements, but shall not recommend specific classrooms or schools. 2. Summaries of assessments are completed prior to discussion by the Team and, upon request, are made available to the parent at least two days in advance of the Team discussion. State Regulations Federal Requirements 28.04(2)(c) SE 5 Participation in general State and district-wide assessment programs 1. All students with disabilities whose placements are funded by the district are included in the Massachusetts Comprehensive Assessment System (MCAS) and other district-wide assessment programs. 2. The district s IEP Teams designate how each student will participate and, if necessary, provide an alternate assessment. Acton-Boxborough Regional School District Coordinated Program Review Report Page 20 of 142

22 3. The superintendent of a school district--or, for a public school program that is not part of a school district, the equivalent administrator a. files an MCAS performance appeal for a student with a disability when the student s parent or guardian or the student, if 18 or over, requests it, provided that the student meets the eligibility requirements for such an appeal; b. obtains the consent of the parent or guardian or the student, if 18 or over, for any MCAS performance appeal filed on behalf of a student with a disability; c. includes in the MCAS performance appeal, to the extent possible, the required evidence of the student s knowledge and skills in the subject at issue. State Requirements Federal Requirements St. 2003, c. 140; 34 CFR ; CMR 30.05(2),(3),(5) SE 6 Determination of transition services 1. For a student who is 14 years of age, the Team considers the student s course of study in relation to the student s future goals and document this in the IEP. 2. For a student who is 16 years of age, or younger if appropriate, the Team includes in the IEP services that promote movement of the student from school to post-school activities, including post-secondary education, vocational training, integrated employment (including supported employment), continuing and adult education, adult services, independent living, or community participation. 3. The transition services are based upon the student's needs, taking into account the student's preferences and interests and includes specially designed instruction, community experiences, the development of employment or other post-school adult living objectives, and, if appropriate, the acquisition of daily living skills and functional vocational evaluation. 4. For any student approaching graduation or the age of twenty-two, the Team determines whether the student is likely to require continuing services from adult human service agencies. In such circumstances, the Administrator of Special Education makes a referral to the Bureau of Transitional Planning in Acton-Boxborough Regional School District Coordinated Program Review Report Page 21 of 142

23 the Executive Office of Health and Human Services in accordance with the requirements of M.G.L. c.71b, 12A- 12C (known as Chapter 688). 5. In cases where the IEP included needed transition services and a participating agency other than the school district fails to provide these services, the Team reconvenes to identify alternative strategies to meet the transition objectives. 6. The district ensures that students age 14, or younger if appropriate, are invited to and encouraged to attend part or all of Team meetings at which transition services are discussed or proposed State Requirements Federal Requirements M.G.L. Ch.71B, Sections 12A-C 34 CFR (b), CMR 28.05(4)(c) SE 7 Transfer of parental rights at age of majority and student participation and consent at the age of majority 1. One year prior to the student reaching age eighteen, the district informs the student of his or her right at age 18 to make all decisions in relation to special education programs and services. 2. Upon reaching the age of eighteen, the school district implements procedures to obtain consent from the student to continue the student s special education program. 3. The district continues to send the parent written notices and information but will no longer have decision-making authority, except as provided below. (a) If the parent has sought and received guardianship from a court of competent jurisdiction, then the parent retains full decision-making authority. The parent does not have authority to override any decision or lack of decision made by the student who has reached the age of majority unless the parent has sought or received guardianship or other legal authority from a court of competent jurisdiction (b) The student, upon reaching the age of majority and in the absence of any court actions to the contrary, may choose to share decisionmaking with his or her parent (or other willing adult), including allowing the parent to co-sign the IEP. Such choice is made in the presence of the Team and is documented in written form. The student s choice prevails at any time that a disagreement occurs Acton-Boxborough Regional School District Coordinated Program Review Report Page 22 of 142