Concord Special Education Parent Advisory Committee

A Summary of the Concord Public School Report (K-8)

A seven member Massachusetts Department of Education team visited Concord Public Schools during the week of May 7, 2001 to evaluate the implementation of selected criteria in the program areas of special education, civil rights requirements, Title I, the Safe and Drug Free Schools and Communities Act, and Nutrition Programs and Services.

 The findings in each program area describe determinations by the DOE team about the implementation status or “Rating” of each criterion reviewed.

There were 5 Possible Ratings:

The findings note those criteria which were found by the team to be substantially “Implemented” or implemented in a “Commendable” manner.  Where criteria were found to be either "Partially Implemented" or "Not Implemented," the district must propose to the Department corrective actions to bring those areas into compliance with the related statute or regulation.  In some instances the team may have rated a requirement as “Implementation in Progress” or  “Implemented” and has made specific comment on the district's implementation methods which also may require response from the district .

The following table shows a summary of the CPS and CCHS audit findings:
 

	DOE Rating	CPS	CCHS
	Commendable	1*	6
	Implemented	30	36
	Implementation in Progress	0	0
This webpage focus on these items	Partially Implemented	25	12
	Not Implemented	1*	0

The following is a summary of just Special Education items (25 Parially Implemented) that were not fully implemented and will require a response from our school district (Corrective Action Plan (CAP)).

Anne Randle, one of chairs, presentated our response to the School Committee on June 11, 2002 meeting.  All our members were invited to attend this meeting.  At the end of the presentation all three chairs were asked to join the school committee table for a question and answer session at the end of our presentation.  We had a good turn out and thank our members for the show of support.

Our input from our members were collected though our website, email messages, phone calls and personal contact with our members.
View the full report on-line (PDF format) in which the DOE rated Concord Public Schools on a total 57 specific special education items. 

Index of Partially Implemented items
Click on them for more detail:

Evaluation
SE 1 - Assessments are appropriately selected and interpreted for students referred for evaluation.
SE 2 - Required and optional assessments - assessments are completed by appropriately credentialed and trained specialists for each referred student.

IEP
SE 8   - Evaluation Team composition
SE 18 - IEP development and content; determination of placement; provision of IEP to parent
SE 36 - IEP implementation, accountability and financial responsibility
SE 24 - Programs for young children three and four years of age
SE 50 - Responsibilities of the School Principal and Administrator of Special Education
Principal, Instructional support, Curriculum Accommodation Plan (CAP), Coordination with special education, Educational services in home or hospital and Administrator of Special Education.

Time
SE 9   - Eligibility determination: Timelines for evaluation, provision of IEP or
           identification of other needed instructional programs
SE 12 - Frequency of re-evaluation
Every three years, or sooner if necessary, the school district, with parental consent, conducts a full three-year re-evaluation consistent with the requirements of federal law.

Reports
SE 13 - Progress Reports and content

Child Find
SE 15 - Outreach by the School District (Child Find)
SE 16 - Screening
SE 17 - Initiation of services at age three and Early Intervention transition procedures

Programs
SE 20 - Least restrictive program selected
SE 22 - IEP implementation and availability
SE 34 - Continuum of alternative services and placements
SE 53 - Use of paraprofessionals
SE 56 - Special education programs and services are evaluated

Confidentiality
SE 23 - Confidentiality of personally identifiable information
SE 25 - Parental consent Notice
SE 26 - Parent participation in meetings

ESL
SE 29 - Communications are in English and primary language of home

Certifications
SE 52 - Appropriate certifications or other credentials -- related services

Staff development
SE 54 - Professional development regarding special education

Building
SE 55 - Special education facilities and classrooms
 

Detail description

Evaluation:

SE 1 - 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.
 
1. 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.

1. some of which are outdated, for initial evaluations and re-evaluations
2. rather than assessments related to the suspected area(s) of disability and individualized to the student.
3. There is not a wide range of assessments available as a resource for evaluators to ensure that initial evaluations and re-evaluations address specific areas of educational need.

SE 2 - Required and optional assessments - assessments are completed by appropriately credentialed and trained specialists for each referred student.

1. Optional assessments: The Administrator of Special Education may recommend or the parent may request one or more
2. 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
3. The district consults with the child's parents regarding the evaluators to be used for all required and optional assessments

1. The assessments that were reviewed were lacking in specificity in addressing a student's classroom performance.
2. In addition, there was no evidence of recommendations made to parents regarding the waiving of assessments for re-evaluations.
3. The district has a practice of using the preschool screening in place of an initial evaluation to identify services and make program recommendations for a child rather than implementing the mandated procedures for a referral for a special education evaluation.

SE 8 - Evaluation Team composition

1. Interviews indicated that a person who is a representative of the district and has the authority to commit the resources of the district is not always present at Team meetings.

2. In addition, the chairperson is not always knowledgeable regarding the IEP process and the availability of the district's resources, which results in an inconsistent implementation of regulations and in misinformation being communicated to parents.

SE 9 - Eligibility determination: Timelines for evaluation, provision of IEP and/or identification of other needed instructional programs

Within forty-five school working days after receipt of the parent's written consent to an initial evaluation, unscheduled evaluation, or re-evaluation, the school district.

1. If a Team determines that a student is not eligible for special education but may be eligible for accommodation(s) for disability(ies) under Section 504, the student is referred for consideration by the district for eligibility under that regular education program.
2. Where a Team finds students eligible for special education only in need of "monitoring services", such students are found no longer eligible for special education and are provided with appropriate supports through the district's regular education program.

Every three years, or sooner if necessary, the school district, with parental consent, conducts a full three-year re-evaluation consistent with the requirements of federal law.

The district does not always provide the re-evaluation within three years and within 45 days after receipt of the parent’s consent.

SE 13 - Progress Reports and content

1. Parents receive reports on the student's progress toward reaching the goals set in the IEP at least as often as parents are informed of the progress of non-disabled students.

2. Progress report information sent to parents includes written information on the student’s progress toward the annual goals in the IEP, including information on the extent to which such progress is sufficient to enable the child to achieve the goals by the end of the year.

SE 15 - Outreach by the School District (Child Find)

The district has annual or more frequent outreach and continuous liaison with those groups below from which promotion or transfer of students in need of special education may be expected, or which would include students in need of special education:

1. professionals in community
2. private nursery schools
3. day care facilities
4. group homes
5. parent organizations
6. clinical /health care agencies
7. early intervention programs
8. other public/private/parochial schools
9. other agencies/organizations
10. the school itself (particularly within charter schools)
11. agencies serving migrant and/or homeless persons

1. The school district conducts screening for three and four year olds and for all children who are of age to enter kindergarten. Such screening is designed to review a child’s development and to assist in identification of those children who should be referred for an evaluation to determine eligibility for special education services.
2. Participation in the screening program for three and four year olds is optional on the part of the parents.

The district conducts preschool and kindergarten screenings. However, there is not a formalized process in place to:

1. assess children adequately to ensure the early identification of those in need of special education;
2. provide the results of the screening to the parent;
3. follow up when concerns regarding a child’s development or performance are noted. In addition, the district has a practice of determining special education services and making program recommendations based upon the results of the preschool screening rather than initiating a referral for a special education evaluation.

1. The school district encourages referrals from the Department of Public Health, other agencies, and individuals for young children when or before the child turns two-and-one-half years old in order to ensure continuity of services and to ensure the development and implementation of an IEP for eligible children by the date of the child's third birthday in accordance with federal requirements.
2. The district implements procedures to ensure the effective transition of young children with disabilities from Early Intervention Programs through participation in transition planning conferences arranged by such programs.

SE 18 - IEP development and content; determination of placement; provision of IEP to parent

1. Upon determining that the student is eligible for special education, the Team, including the parent(s), develops an IEP using the evaluation data to guide development of measurable, annual goals and objectives/benchmarks for the student. If the district chooses to draft any element(s) of the IEP for discussion, the Team Chairperson ensures that those elements are genuinely considered prior to adoption at the Team meeting.  All ideas and needs of the child as expressed by all Team members, especially the parents, are genuinely considered by the district prior to proposing the IEP.
2. The IEP includes specially designed instruction to meet the needs of the individual student and related services as necessary to allow the student to benefit from the specially designed instruction or to access the general curriculum, consistent with federal and state requirements.
3. In developing the IEP, the Team proposes specially designed instruction and related services according to the needs of the child and not according the availability of such instruction or related services.
4. The IEP is completed addressing all elements of the standard IEP format provided by the Department of Education.
5. If the Team members are unable to agree on the IEP, the Team chairperson states the elements of the IEP proposed by the school district.
6. The school district ensures that each IEP Team has at least one person with authority to commit the resources of the district and that whatever services are set out in the IEP will actually be provided and that the IEP will not be changed at a higher administrative level within the district.
7. After the IEP has been fully developed, the Team, including the parent, determines  the appropriate type of placement to deliver the services on the student’s IEP.
8. The school district determines the specific classroom or school, giving careful consideration to the Team’s recommendation(s), if any, at which services will be provided to implement the placement decision of the Team.
9. The IEP is written in generally understandable language.
10. Immediately following the development of the IEP, the district provides the parent with a copy of the proposed IEP along with the required notice without undue delay.

The district then designs the service profile to fit into the program and the placement rather than following the mandated procedure: first to develop the services, goals, and objectives, and then to determine a placement that will fit the student’s service needs.

In addition, as stated under SE 8 and SE 9, a representative of the district who has the authority to commit its resources is not always present at Team meetings, and parents are not being provided with the proposed IEP within the mandated timeline.

SE 20 - Least restrictive program selected

1. The program selected is the least restrictive environment for students, with consideration given to any potential harmful effect on the student or on the quality of services that he or she needs.
2. If the student is removed from the general education classroom at any time, the Team states why the removal is considered critical to the student’s program and the basis for its conclusion that education of the student in a less restrictive environment, with the use of supplementary aids and services, could not be achieved satisfactorily.
3. The district does not remove an eligible child from the general education classroom solely because of needed modification in the curriculum.

1. Where the IEP of the student in need of special education has been accepted in whole or in part by that student's parent, the school district provides the mutually agreed upon services without delay.
2. At the beginning of each school year, the district has an IEP in effect for each eligible student within its jurisdiction.
3. Each teacher and provider described in the IEP is informed of his or her specific responsibilities related to the implementation of the student’s IEP.
4. The school district does not delay implementation of the IEP due to lack of classroom space or personnel, provides as many of the services on the accepted IEP as possible and immediately informs parents in writing of any delayed services, reasons for delay, actions that the school district is taking to address the lack of space or personnel and offers alternative methods to meet the goals on the accepted IEP. Upon agreement of the parents, the school district implements alternative methods immediately until the lack of space or personnel issues are resolved.

SE 23 - Confidentiality of personally identifiable information

The district protects the confidentiality of any personally identifiable information that is collected, used or maintained in accordance with federal and state law.

Interviews indicated that staff have not been fully apprised of federal and state requirements regarding the protection of student confidentiality. In addition, as referred to under SE 55 in Component VII below, space constraints within the school buildings have compromised the ability of the service providers in areas such as psychological services and counseling to protect student confidentiality fully.

In accordance with state and federal law, the school district obtains informed parental consent as follows:

1. The school district obtains consent before conducting an evaluation to determine eligibility for special education or before conducting a re-evaluation as required every three years or earlier if necessary.
2. The school district obtains consent before initiating extended evaluation services.
3. The school district obtains consent to the services proposed on a student’s IEP before providing such services.
4. The school district obtains consent prior to placing a student in an initial special education placement and for any subsequent placement.
5.  A parent is informed that consent may be revoked at any time.
6. If the school district is unable to obtain parental consent to a reevaluation or to placement in a special education program subsequent to the child's initial placement in special education, or the parent revokes consent to such reevaluation or placement, the district considers with the parent whether such action will result in the denial of a free appropriate public education to the child, and if so, the school district seeks resolution through the Bureau of Special Education Appeals.
7. The attempts of the district to secure the consent of the parent are documented through letters, written notices sent by certified mail, telephone calls and home visits at such time as the parent is likely to be home.

SE 26 - Parent participation in meetings

1. The district ensures that one or both parents of a child are members of any group that makes decisions on the educational placement of their child.
2. The Administrator of Special Education notifies parent(s) in writing of any Team meeting early enough to ensure that they have an opportunity to attend.
3. The district schedules the meeting at a mutually agreed upon time and place; and documents such efforts.
4. If neither parent can attend, the district uses other methods to ensure parent participation, including individual or conference telephone calls, or video conferencing.
5. In cases where the district, after reasonable efforts, is unable to obtain the parents’ participation in Team meeting discussions and decisions, the district conducts the Team meeting and documents its attempts to facilitate the parents’ participation.

SE 29 - Communications are in English and primary language of home

1. Communications with parents are in both English and the primary language of the home if such primary language is other than English. Any interpreter used in fulfilling these requirements is fluent in the primary language of the home and familiar with special education procedures, programs and services. If the parents or the student are unable to read in any language or are blind or deaf, communications required by these regulations are made orally in English with the use of a foreign language interpreter, in Braille, in sign language, via TTY, or in writing, whichever is appropriate, and that all such communications are documented.
2. If the district provides notices orally or in some other mode of communication that is not written language, the district keeps written documentation (1) that it has provided such notice in an alternate manner, (2) that the content of the notice and (3) the steps taken to ensure that the parent understands the content of the notice.

The district provides or arranges for the provision of each of the elements of the IEPs of students in need of special education from the ages of three through twenty-one, ensuring that a continuum of services and alternative placements is available to meet the needs of all students with disabilities, and takes all steps necessary to ensure compliance with all elements of the IEPs, including vocational education.

The district has made some proactive efforts to reduce the gaps in the continuum of services; these efforts include the formation of the language-based program at the Alcott School and the initiation of the co-teaching model to foster increased collaboration between the regular and special education staff. Interviews indicated that the C.A.S.E. Collaborative programs are a valued asset to the district’s continuum of services and that the district has established a close working relationship with the staff and administration of the C.A.S.E. Collaborative to promote ongoing communication and collaboration.

However, there are major concerns about the lack of options within regular and special education to meet the needs of all students with disabilities.

Interviews indicated that the areas of need are:

1. differentiated instruction, approaches and programs within the general curriculum in reading, math and writing to ensure access for all students;
2. in-district preschool programs;
3. services for students with learning disabilities who are currently not being fully served within the general curriculum;
4. services and programs to address students’ behavioral needs;
5. additional services and programs for students within the autistic spectrum;

SE 36 - IEP implementation, accountability and financial responsibility

1. The district ensures that IEPs are implemented without delay upon parent consent.
2. The district oversees in an ongoing manner the full implementation of each in-district and each out-of-district IEP it proposes which has been consented to by a child’s parents.
3. The district makes a good faith effort to assist the child to achieve the goals and objectives or benchmarks listed in the IEP.
4. The district provides all programs and services without expense to the child’s parents.
5. Each time the school district proposes to access the parent’s private insurance proceeds to support the costs of IEP implementation, the school district obtains the parent’s consent and informs the parents that their refusal to permit the school district to access their private insurance does not relieve the district of its responsibility to ensure that all required services are provided at no cost to the parents.

SE 24 - Programs for young children three and four years of age

General requirements:

1. The school district ensures programs are available for eligible children three and four years of age. Such programs shall be developmentally appropriate and specially designed for children ages three and four years.
2. Where at all possible the school district accepts referrals from the Department of Public Health, other agencies, and individuals for young children when or before the child turns two-and-one-half years old in order to ensure continuity of services and to ensure the development and implementation of an IEP for eligible children by the date of the child's third birthday in accordance with federal requirements.
3. Where appropriate, the school district elects, consistent with federal requirements to use the format and services of the Individualized Family Service Plan (IFSP), if appropriate, for an additional year as a means of transitioning eligible children to public school services.
4. Where appropriate the Team allows a child to remain in a program designed for three and four year old children for the duration of the school year in which the child turns five years old (including the summer following the date of the child's fifth birthday).

1. Inclusionary programs for young children are located in a setting that includes children with and without disabilities and meet the following standards:

1. Services in such programs are provided in the home, the public school, Head Start, or a licensed childcare setting.

1. Substantially separate programs for young children are located in a public school classroom or facility that serves primarily or solely children with disabilities. Substantially separate programs adhere to the following standards:

1. Substantially separate programs are programs in which more than 50% of the children have disabilities.
2. Substantially separate programs operated by the district limit class sizes to nine (9) students with one teacher and one aide.

Principal:

1. Instructional support. The principal in each of the district’s schools promotes instructional practices responsive to student needs and ensures that adequate instructional support is available for students and teachers. Instructional support includes remedial instruction for students, consultative services for teachers, availability of reading instruction at the elementary level, appropriate services for linguistic minority students, and other services consistent with effective educational practices and the requirements of MGL c. 71B, §2. The principal consults with the Administrator of Special Education regarding accommodations and interventions for students. Such efforts and their results are documented and placed in the student record. Additionally, when an individual student is referred for an evaluation to determine eligibility for special education, the principal ensures that documentation on the use of instructional support services for the student is provided as part of the evaluation information reviewed by the Team when determining eligibility.
2. Curriculum Accommodation Plan (CAP) The principal implements a curriculum accommodation plan adopted by the district to ensure that all efforts have been made to meet students’ needs in regular education. The plan assists the regular classroom teacher in analyzing and accommodating diverse learning styles of all children in the regular classroom and in providing appropriate services and support within the regular education program including, but not limited to, direct and systemic instruction in reading and provision of services to address the needs of children whose behavior may interfere with learning. The Plan includes teacher training in (1) analyzing and accommodating diverse learning styles of all students in order to achieve an objective of inclusion in the regular classroom of students with diverse learning styles; (2) methods of collaboration among teachers, paraprofessionals and teacher assistants to accommodate such styles; and (3) training in the provision of pre-referral services within regular education, teacher mentoring and collaboration and parental involvement.
3. Coordination with special education. The principal with the assistance of the Administrator of Special Education coordinates the delivery and supervision of special education services within each school building.
4. Educational services in home or hospital. Upon receipt of a physician’s written order verifying that any student enrolled in a public school or placed by the public school in a private setting must remain at home or in a hospital on a day or overnight basis, or any combination of both, for medical reasons and for a period of not less than fourteen school days in any school year, the principal arranges for provision of educational services in the home or hospital. Such services are provided with sufficient frequency to allow the student to continue his or her educational program, as long as such services do not interfere with the medical needs of the student. The principal coordinates such services with the Administrator for Special Education for eligible students. Such educational services are not be considered special education unless the student has been determined eligible for such services, and the services include services on the student’s IEP.

Administrator of Special Education:
5. The school district has an appointed person to be its Administrator of Special Education. The Administrator supervises all special education for the school district and ensures compliance with all federal and state special education laws. As appropriate, and in accordance with the requirements of MGL c.71B, §3A, the Administrator may designate other school district personnel to carry out some of the duties of the Administrator.

In addition, students at risk are not being provided instructional interventions in a timely fashion. The instructional support intervention process has not proven effective in providing the regular education teachers with the support and strategies needed to make accommodations and modifications.

SE 52 - Appropriate certifications or other credentials -- related services

Any person, including non-educational personnel, who provides related services described under federal special education law, who supervises paraprofessionals in the provision of related services, or who provides support services directly to the regular or special classroom teacher is appropriately certified, licensed, board-registered or otherwise approved to provide such services by the relevant professional standards board or agency for the profession.

No documentation of appropriate licenses for the nurses employed by the district was provided

SE 53 - Use of paraprofessionals

1. Paraprofessionals and assistants (e.g., teacher aides, tutors and student teachers) are appropriately trained to assist in providing special education or related services.
2. Persons employed as paraprofessionals and assistants are under the supervision of an appropriately certified or licensed professional who is proximate and readily available to provide such supervision.

1. at the middle school are appropriately supervised and appropriately trained regarding their roles and responsibilities. However, it was indicated that paraprofessionals
2. at the elementary level are not always appropriately supervised and fulfill responsibilities assigned to the special education teachers in the district’s job descriptions.

SE 54 - Professional development regarding special education

The district considers the needs of all staff in developing training opportunities for professional and paraprofessional staff and provides a variety of offerings which at a minimum include the following training topics offered on an annual basis:

1. state and federal special education requirements and related local special education policies and procedures;
2. confidentiality of student records;
3. training in analyzing and accommodating diverse learning styles of all students in order to achieve an objective of inclusion in the regular classroom of students with diverse learning styles;
4. methods of collaboration among teachers, paraprofessionals and teacher assistants to accommodate diverse learning styles;
5. training in the provision of pre-referral services within regular education, teacher mentoring and collaboration and parental involvement;
6. training for all locally hired and contracted transportation providers on the unique needs of all students being transported in regular and special transportation vehicles; and
7. in cooperation with the special education parent advisory council, at least one workshop annually within the district on the rights of students and their parents and guardians under the state and federal special education laws and makes written materials explaining such rights available upon request.

In addition, the district has not always documented training with agendas and attendance sheets and has no formal plan to ensure that required training are conducted annually.

SE 55 - Special education facilities and classrooms

1. The school district provides facilities and classrooms for eligible students which maximize the inclusion of such students into the life of the school;
2. provide accessibility in order to implement fully each child’s IEP;
3. are at least equal in all physical respects to the average standards of general education facilities and classrooms; and
4. are given the same priority as general education programs for access to and use of instructional and other space in public schools in order to minimize the separation or stigmatization of eligible students

At the elementary level, hallways are being used for special education testing and tutoring. In addition, several service providers are using large open spaces simultaneously to provide IEP services, tutoring and testing. Some rooms and other spaces that are used to deliver special education services are not handicapped-accessible, and doors within the elementary school buildings do not always allow a physically handicapped student to enter and exit independently.

At the middle school, the substantially separate classroom is at the end of a corridor and not centrally located. Also, the office and teaching spaces designated for service providers do not have adequate room for the provision of special education services.

SE 56 - Special education programs and services are evaluated

1. Special education programs, services and administrative areas are regularly evaluated.
2. The district develops methods for determining the effectiveness of programs in assisting students with disabilities to achieve the goals set forth in their IEPs in the least restrictive environment.
3. The district uses information it gathers from annual IEP reviews to measure the effectiveness of special education programs, and identifies programs, services and administrative areas that need improvement or must be developed.
4. As part of these evaluation procedures, the district measures the success of programs based on students’ local and statewide assessment results, drop out rates and graduation rates for special education students.

	Last updated March 1, 2005 By Melody Orfei With thanks to Christine Corr for all her help.
o.mel@verizon.net