Assessment/Accountability
Program Quality Assurance Services
Compliance and Monitoring

Notification of Probationary Approval

March 2, 2004

Dr. Arthur DiMauro
Executive Director
Harbor Schools and Family Services, Inc.
26 Rolfes Lane
Newbury, MA 01951

Re: Harbor Schools and Family Services, Inc.
Harbor Residential, Harbor Day, and Harbor Intensive Programs
Notification of Probationary Approval

Dear Dr. DiMauro:

As discussed at the meeting held on March 1, 2004, the Department of Elementary and Secondary Education (the "Department") reviewed Harbor Schools' response to the letter of Pending Sanctions issued on January 23, 2004 (see attached, Harbor Schools Agenda 3/1/04). Based upon the information gathered through this review process and pursuant to 603 CMR 28.09(4), the Department has determined that Harbor Schools has compromised its ability to provide a safe, healthy and appropriate educational environment for its enrolled students. As a result, the Department is providing written notice of the probationary approval status of the Harbor Residential, Harbor Day, and Harbor Intensive Programs. The circumstances that caused the Department to take such actions and the actions necessary to correct the problem are outlined below and unless otherwise indicated must be addressed by March 22, 2004.

1. Harbor Schools is not in compliance with 603 CMR 28.09(7) and 603 CMR 18.03(1). Harbor Schools does not provide appropriate supervision of students while they are engaged in any school related activity on or off school grounds. From the end of November through the beginning of February 2004, Harbor Schools has submitted reports to the Department detailing over fifty (50) serious incidents that clearly threaten the health, safety and well being of students enrolled in the program. The incidents indicate Harbor School's inability to provide appropriate supervision of students. As a result, students have gained access to dangerous materials, engaged in self-injurious behavior and inappropriate sexual contact, and have been able to continuously run away from the program.

   Required Corrective Action and Documentation:

   • List of all current residential staff vacancies (Residential Administrative Staff, Direct Care Supervisors and Direct Care Staff) outlined by residence and position.
   • Weekly logs of students returning to the residence during the school day due to behavioral issues including student initials, times of return, and the reason for return submitted to K. Morrin by 9:00 a.m. each Monday, beginning March 15, 2004.
   • Shift schedules for the upcoming month for each residence to be submitted by 9:00 a.m. on the Monday prior to the scheduled week, beginning March 15, 2004. These schedules must include staff names, positions, and specific hours to be worked.
   • The above shift schedules must be validated at the end of each reporting week (the staff that actually worked and any changes) and submitted to K. Morrin by 9:00 a.m. each Monday, beginning March 15, 2004.
   • Schedule of activities for the upcoming week for each residence from the time students return from school until bedtime, with specific activities, staff responsibilities, and the anticipated number of residents submitted to K. Morrin by 9:00 a.m. each Monday, beginning March 15, 2004.
   • Coverage plan for residential staff absences.
   • A review of the following training topics for all residential staff must be completed by April 30, 2004. Harbor Schools must submit the training agenda, name and position of the person providing the training, and a sign-in sheet for staff present.
     • Transportation safety
     • Behavior Management Policies and Procedures used by the Program
     • Review of required student: staff ratios
     • Review of requirements for providing appropriate supervision to students while they are engaged in any school related activity on and off school grounds
   • Administrative review and sign off by a member of the administrative team for all incident reports sent in to the Department beginning immediately.
   • The name and telephone number/e-mail address of a contact person designated to work with the Department to provide clarification and updates for incomplete incident reports.
   • An administrative review of Harbor Schools' current Policies and Procedures dealing with Discipline and Behavior Management to ensure that such policy is appropriate to meet the needs of the population being served. Harbor Schools must submit to the Department meeting minutes, attendance and a narrative description of formal findings as a result of this review by April 30, 2004.
   • Job descriptions for all administrative positions.
   • Student admissions policies and procedures that include written admission criteria and a complete and thorough description of the admissions process.
   
   
   

2. Harbor Schools is not in compliance with 603 CMR 28.09(7)(b) and 603 CMR 18.05(11)(f). Based upon the documentation submitted, Harbor Schools does not employ staff who are appropriately licensed and/or waivered (see attached, Harbor Schools Teaching Credentials). As a result, Harbor Schools is unable to meet all special education and related services included in students' Individualized Education Programs (IEPs).

   Required Corrective Action and Documentation:

   • All teaching staff and individuals functioning in the role of Educational and Special Education Administrator must complete the Department application for teacher licensure by March 15, 2004.
   • Harbor Schools must apply for all necessary and appropriate waivers by March 22, 2004.
   • Harbor Schools must submit its hiring policy for teaching staff that outlines the recruitment process and the steps the program will take to ensure that qualified individuals are being hired. For individuals who do not hold appropriate credentials, Harbor Schools must describe the steps the program will take to ensure that the individual is making progress towards licensure and if not, the steps the program will take to find appropriately credentialed staff.
   • Narrative description of the supervision of all teaching staff including substitute teacher positions.
   • List of all current teaching vacancies, including positions that are currently being covered by substitute teachers.
   • Updated job descriptions that require appropriate licensure for all teaching positions.
   • Narrative of description of the school's efforts to hire qualified staff since August 2003, including advertisements and number of qualified persons interviewed. In addition, Harbor Schools must submit copies of all advertisements for current vacant teaching positions as well as progress made to fill each vacancy with qualified personnel by 9:00 a.m. each Monday, beginning March 15, 2004.
   • Updated Master Staff Roster that includes the names of all staff persons employed by the program as well as vacant positions, their job titles and corresponding UFR title numbers, licensure, if appropriate, qualifications of all direct care workers (including supervisors), and full time equivalent for that position. In addition, the Master Staff Roster must reflect the appropriate category for all UFR title numbers.
   
   
   

In summary, the Department has placed Harbor Schools on a Probationary Approval status based on serious concerns about the ability of Harbor Schools to provide a safe, healthy and appropriate educational environment to enrolled students as outlined in 603 CMR 28.09(4)(a) and (b). Specifically, the Department is concerned with Harbor Schools' ability to appropriately supervise students resulting in health and safety concerns and its ability to provide special education and related services included in students' IEPs.

In consideration of the above referenced findings, within two (2) school days of receipt of notice from the Department placing the Program's approval on probation, Harbor Schools must provide notification 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 of any students at the school. This notification must state that Harbor Schools has been assigned probationary status for the above stated reasons. A copy of this letter and a list of all recipients must be submitted to the Department for approval prior to distribution.

In addition to the documentation required above, Harbor Schools must submit to the Department a Corrective Action Plan that fully describes both the immediate and long term steps the school will take to address the citations outlined. This Corrective Action Plan must include a detailed description outlining the steps to be taken, persons responsible for implementation, and specific timelines for correction of these problems. The Corrective Action Plan and required documentation must be received in the Department no later than 3:00 p.m. on Monday, March 22, 2004.

The Department is notifying Harbor Schools of its intent to prohibit acceptance of any additional eligible students into its approved programs if the Corrective Action Plan and required documentation is not found to be acceptable by the Department. Following the Department's review of the Corrective Action Plan or when the issue giving rise to the probationary status is resolved, whichever is sooner, the Department may reinstate the provisional approval status of the program or withdraw approval. The Department will provide written notification of its action to Harbor Schools.

Please note that the Department will conduct both announced and unannounced site visits to Harbor Schools to observe the current program and to verify any corrective actions approved by the Department. It is our desire to work positively and collaboratively with Harbor Schools to ensure compliance with Department requirements and to support the school in its efforts to meet the challenging needs of the students it serves. If you have any questions regarding the contents of this letter, please contact Kerrin Morrin at 781-338-3740.

Sincerely,

Kerrin E. Morrin
Liaison
Program Quality Assurance Services

Caryn N. Goldberg
Coordinator of Private School Approval
Program Quality Assurance Services

John D. Stager
Administrator
Program Quality Assurance Services