Problem Resolution System Office

Eagleton, Inc. Notification of Probationary Approval

February 17, 2016

Mr. Bruce Bona
President
Eagleton, Inc.
446 Monterey Road
Great Barrington, MA 01230 By Hand and U.S. Mail Re: Notification of Change in Status to Probationary Approval Dear Mr. Bona: Eagleton School is a residential special education program operated pursuant to 603 CMR §28.00, Special Education Regulations, and 603 CMR §18.00, Program and Safety Standards for Approved Public or Private Day and Residential Special Education School Programs. The Massachusetts Department of Elementary and Secondary Education (ESE) oversees these regulations and Eagleton School's approval status to serve publicly funded special education students. Recent law enforcement actions, including the arrest of staff of Eagleton School on charges of assault and battery of Eagleton students, have resulted in investigations of conditions at Eagleton School by state agencies, including ESE, the Department of Early Education and Care (EEC), the Department of Children and Families (DCF), and the Disabled Persons Protection Commission (DPPC). As a result of health and safety concerns and regulatory violations, on February 17, 2016, EEC issued An Order to Protect Children: Notice of Sanctions and Notice of Intent to Fine ("EEC Order") against Eagleton Residential Group Care Licenses (#9017891, 9017894, 9017895, 9017896, 9017897, 9017892 and 9017893), which expire on May 14, 2016. Private residential special education school programs must be licensed by EEC as a condition of ESE approval. 603 CMR 28.09(2)(a). In ESE's judgment, EEC's fundamental and grave concerns about health and safety and regulatory compliance at Eagleton School compromise the program's ability to provide a safe, healthy, and appropriate educational environment, as required by ESE's regulations. Therefore, pursuant to 603 CMR 28.09(4), this letter is to notify you that ESE is hereby placing Eagleton School on Probationary Approval status pending Eagleton School's compliance with EEC's Order and demonstration that it is able to provide a healthy and safe residential school environment and maintain compliance with state regulatory requirements. ESE reserves the right to take such other action as may be warranted by the circumstances or new evidence that may come to light during ESE's investigation, based upon the standards in the applicable regulations. Pursuant to 603 CMR 28.09(4), within two (2) school days of your receipt of this letter, Eagleton School must provide notification of this Probationary Approval status to the parents of all Massachusetts enrolled students, all Massachusetts school districts with enrolled students, and officials of Massachusetts human service agencies or agencies of other states with responsibility for any students at the school. This notification must state that ESE has placed Eagleton School on Probationary Approval status as a result of the EEC Order. The notification should also state that EEC's Order prohibits Eagleton School from accepting any students into the program. See: Order at III (a).1 I am directing you to submit a copy of the proposed notification and a list of all recipients to ESE for approval prior to distribution. In addition, Eagleton School must place a notice of the change in the school's status from Full Approval to Probationary Approval on the school's public website. Eagleton School will remain on Probationary Approval during the pendency of the EEC Order and ESE will continue to conduct both announced and unannounced site visits to Eagleton School. As further conditions of ESE Probationary Approval:
  1. Eagleton School must continue to file daily reports as required by the EEC-ESE February 3, 2016 directive.2
  2. Eagleton School must file Form 2 Reports with ESE on all serious incidents including
    1. The death of any student;
    2. The filing of a 51A report with DCF or a complaint filed with the DPPC, against the school or a school staff member, for abuse or neglect of any student;
    3. Any action taken by a federal, state, or local agency that might jeopardize the school's approval with ESE;
    4. Any legal proceeding brought against the school or its employee(s) arising out of circumstances related to the care or education of any of its students;
    5. The hospitalization of a student (including out-patient emergency room visits) due to physical injury at school or previously unidentified illness, accident or disorder that occurs while the student is in the program;
    6. Student injury resulting from a motor vehicle accident during transport by school staff (including contracted staff) which requires medical attention;
    7. Serious injury requiring emergency medical intervention resulting from a restraint;
    8. Student runaway;
    9. Emergency termination of a student under circumstances in which the student presents a clear and present threat to the health and safety of him/herself or others pursuant to 18.05(7)(d);
    10. Any other incident of a serious nature.
  3. Eagleton School must file Form 2 Reports on serious incidents that have occurred between January 1, 2013, and February 17, 2016, by 3 p.m. on February 24, 2016.
  4. After February 17, 2016, in the event of a serious incident described in Condition 2 above, Eagleton School shall immediately notify, by telephone and by letter, the parents, the sending school district(s), any state agency involved in student care or program placement, and ESE using Form 2.
  5. Staff members prohibited by EEC's Order from direct care and unsupervised contact with student shall not work in the day educational program.
  6. The Independent Restraint Reviewer required by EEC's Sanction III.E. shall include the day educational program in his/her recommendations. The Independent Restraint Reviewer shall evaluate Eagleton School's restraint data for School Year 2015-2016 in relation to the restraint training that has already occurred this year and determine whether more training is warranted.
  7. All day educational staff will be trained on the use and reporting of restraint and the duties of the restraint review team under ESE restraint regulations 603 CMR 46.00.
  8. The Independent Reviewer of Investigation required by EEC's Sanction III.G. will review DCF 51A reports and/or reports received from the DPPC, all restraints, and all incident reports, including those that occur in the day educational program.
Following compliance with the EEC Order, if Eagleton School retains residential licensure, ESE will take such action on the school's approval status as is warranted by the circumstances and evidence at that point, based upon the standards in the applicable regulations. ESE will provide written notification of its action to Eagleton School. If you have any questions regarding the contents of this letter, please contact Joseph F. Drolette, Assistant Director of Program Quality Assurance Services, at 781-338-3743. Sincerely,


Darlene Lynch
Director
Program Quality Assurance Services
c:
Mitchell D. Chester, Ed.D., Commissioner of Elementary and Secondary Education
Thomas Weber, Commissioner of Early Education and Care
Joseph F. Drolette, Assistant Director, Program Quality Assurance Services
Encl.:
Probationary Private School Approval Certificate
Required 603 CMR 28.09 (4)(c) notification
February 3, 2016 email to Michael Adams from Timothy Keane (EEC), Darlene Lynch, Joseph Drolette (ESE)
EEC ESE Eagleton School Daily Report


Note:
line 1 Required language for 603 CMR 28.09(4)(c) notification is attached 2 February 3, 2106 Email to Michael Adams from Timothy Keane (EEC), Darlene Lynch, and Joseph Drolette (ESE), attached.



Last Updated: February 17, 2016



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