ASR

[TheWho]

I specifically asked for information from someone other than TheWho.

Are there any credible posters who can weigh in on this subject?

I'm looking for laws that apply to ASR because they take public funds for kids.  How does this change the way they have to operate under law?

Thanks.

*Please don't troll up the thread by spamming with repetitive posts or I will ask the mods to remove them.  Thanks again.

If you look back you will notice that you are the only one who has been repeating posts....... I believe everyone has read your post the first time.  Now, be patient and let others respond,

Thank you.

[Troll Control]

I repeated my post because you buried it by responding with identical posts, one from your username which you went back and edited afterwards and one anonymously.  You posted originally at 9:46am and edited your post 3 times with the last at 11:36am, right after you claimed that you didn't repeat yourself.  So save your baby-games for someone else.

The proof:

Posted: Tue Apr 24, 2007 9:46 am

I dont think this shows parents seek to have their local school districts place kids at ASR.  It is just too expensive for one thing, but since I was asked not to opine I will ask if any of the "Guests" out there could answer this one.

Last edited by TheWho on Tue Apr 24, 2007 11:36 am; edited 3 times in total

Look, I've read your "work" here and I can see your M.O. is to distract from the conversation and to take jabs at people who point out your behavior and then to edit your posts to try to cover up your own behavior when called out.  I'm not trying to play games with you and I don't need your snide remarks or to watch you edit posts retroactively to try to make yourself look better.

If you want to play games like this and act like a child, copy my post into your own thread (a disaster area) and make your commentary there.  Have at it.  But don't insult people's intelligence when anyone can see you edit your posts to try to cover up your cildish commentary and behavior.

[TheWho]

Good, It seems I got your attention, then.  If you want to engage in adult conversation and debate try being polite and accepting of all peoples opinions.  If you want to exclude people who may not agree with you start a new topic over in “Facilities questions and answers”  I will not be responding over in that forum.  This wastes time and derails from the subject to attempt to choose who may respond to your posts....

And just for the record I have read your work here also, you may log in if you like or stay anonymous as a guest; it really doesn’t matter to me......   so back to the subject:

As for your question, it is hypothetical, because you have not yet established that ASR accepts public funding.  Why waste peoples time and research when it may not apply?  Your link was to a family that was trying to get their town to pay for ASR.  The town turned them down.  Try to establish your premise first as a bases for a good argument.

[Troll Control]

Good, It seems I got your attention, then.

Sadly, it seems this is all you're ever after: attention.  Maybe it's time to act like a grownup and quit attention whoring.

I see no reason to attend to your opinions.  They're uneducated garbage and you blatanly lie all the time (and get caught in it, like today, again) and post solely for the purpose of distraction from the subject and/or attention whoring, so why should anyone listen to your opinions?

[TheWho]

so why should anyone listen to your opinions?

Simply, because it is a different point of view.  All points of view should be considered no matter how far fetched or preposterous.  This is what causes people to think and decide on their own.  Which is what many of us here are striving for.

To attempt to silence someone because they don’t agree with you is counter productive, a waste of peoples time and shows you don’t have a strong position to begin with, which on this case you don’t.

[Troll Control]

http://profiles.doe.mass.edu/home.asp?mode=o&ot=2

Approved Private Special Educational Schools
These schools, established as, Massachusetts Chapter 766 Approved In-State Schools and Programs that Serve Publicly Funded Special Education Students, are private institutions serving students with disabilities when it has been determined that their needs cannot be accommodated locally.

The right for some public school students with disabilities to attend these schools was established by Chapter 766 of the Acts of 1972. The laws governing placement and tuition in these programs are now encompassed in Chapter 71B of the Massachusetts General Laws.

Approved Special Educational Schools, are monitored by the Department of Education's Program Quality Assurance Services Unit (781) 338-3700.

Looks like ASR received classification as a "Special Education School" specifically for the purpose of accepting funds from public school districts.

This also proves that ASR serves "special needs" kids as well.

ASR's "Special Education" directory listing:

http://profiles.doe.mass.edu/home.asp?m ... t=2&o=2588

It looks like the Department of Education's Program Quality Assurance Services Unit is a good place to call to get an investigation started into ASR's practices.

They most likely didn't include in their documentation to the state that they force therapy three times per week, use physical punishment for rules infractions and employ unlicensed teachers or they wouldn't have been approved to serve special needs/disabled kids.

Please call them at (781) 338-3700 to initiate an audit of ASR.

[TheWho]

More Half-truths tsk,tsk   I thought I recognized the writing!!     If you sift through you will notice they are defined as a Special Education school (as a category) but they don’t have a "Special Ed" program as defined by the state.

Call the number and ask if ASR has "Special Education Approved Program"....they will answer  "No".......  So why categorize them as special ed school vs regular high school?.....  they are someplace inbetween and lean more towards special ed school...

Give them a call!

[Troll Control]

[/u]These schools, established as, Massachusetts Chapter 766 Approved In-State Schools and Programs that Serve Publicly Funded Special Education Students, are private institutions serving students with disabilities.[/u]

It's pretty clear.  ASR takes special needs kids/kids with disabilities as defined by the state and takes state funds for it.  If you don't like the state's position, you should take it up with them to change ASR's classification to something different, but currently it's a "special education school" as defined by the state.

So you're saying they serve special education students without an approved special education program?  Isn't that illegal, too?

[TheWho]

Looks like some school districts do refer kids to ASR, so they may take state money, here take a look:

Although Hamilton-Wenham offered the placement, Student refused to attend the Harbor School.  In March 2004 Parents requested that Hamilton-Wenham send a referral packet to Swift River Academy.  In an attempt to “reconcile their differences,” Hamilton-Wenham sent the packet and Student attended the Swift River Academy “for a couple of days.”  On April 7, 2004, an administrator at Swift River informed the parents Student could not remain at Swift River because of “his oppositional behavior and the perceived run-risk.”  Between approximately December 2002 and April 2004 Hamilton-Wenham sent out more than a dozen referrals for Student who was accepted at three different therapeutic day schools and two residential programs.  Student had either refused to attend the programs or attended for one day and refused to return.  In a ruling dated May 6, 2004, the hearing officer found Hamilton-Wenham had no other obligation than to continue to offer the Harbor School placement previously ordered.  (S-9)


http://64.233.167.104/search?q=cache:Tr ... cd=7&gl=us

[Troll Control]

This is already a known fact.  You're late to the party.  Maybe if you spent a little less time in the future trying to scuttle the truth and actually looking into it for yourself (I'm not going to do your busywork), you won't need to be proven wrong about these things.

So, we have all agreed then that ASR does in fact take public money, takes special education kids and is classified by the state as a Special Education School.

Now, my original question was (before TheWho set to derailing the topic) "How does public funding affect the way ASR must behave under the law?"  Surely they can't force therapy on children or use physical punishment - but they sure do it anyway.

Also, considering they are a Special Education School, what are their requirements for hiring licensed teachers and special education teachers, neither of which are current policy.

[TheWho]

This is already a known fact. You're late to the party. Maybe if you spent a little less time in the future trying to scuttle the truth and actually looking into it for yourself (I'm not going to do your busywork), you won't need to be proven wrong about these things.

You never established ASR was taking public money and were making assumptions.  You can not move forward until you have established this as your basis of argument.  I had to do this for you (your busy work as you call it, see my last post).  Their classification alone doesnt cut it.

Just trying to keep this discussion honest.  Now lets move forward.....


Original Question:

How does public funding affect the way ASR must behave under the law?"

[Troll Control]

No, you didn't have to do anything for me.  The representative at DOE confirmed this for me before I ever posted that ASR took public funds, but I didn't have a statement or link to post, which made the fact no less true, BTW - it was still a fact when I posted it.  Nice try at grabbing some credit (at least you proved yourself wrong).  Don't get angry with me because you stepped in it again.

http://http://www.parentcheckin.com/staff_pictures_external.asp?progid=%7B9239C59D-474B-445B-9A54-C4C4AD4F2D70%7D#

I'm wondering how a school that is classified by the state as a Special Education School can operate without a single special education teacher, unlicensed teachers and cross-utilized teachers, such as a math teacher with an engineering degree (among numerous others).  This seems like a blatant violation of DOE rules, as none of these so-called "teachers" would be allowed to teach in any public school - they're simply not qualified.

Something stinks here (besides a Special Education School masquerading as "College Preperatory" ops: ).

I think it is time for a formal complaint to the auditor, because there's just too much gaming of the system going on here.  

In the meantime, can anyone post the requirements uder law regarding employing licensed teachers in a Special Education School that takes public funds for tuition?

Also, considering that fact that ASR takes special needs kids (as defined by the state) and takes public funding for them, wouldn't they fall under the purview of EEC's rules for special needs clients?

[hanzomon4]

In the ASR book a black kid from New York had his stay paid for(in full or part) by the state.

[Troll Control]

Here are the regulations regarding Special Education Schools in Massachusetts.  ASR is in complete violation of the rules.  Notation has been added in some places along with emphasis.

28.09: Approval of Public and Private Day and Residential Special Education School Programs
(1) Approval from the Department. The Department may grant approval to public and private day and residential schools providing special education services (special education schools) in Massachusetts in order to ensure that a continuum of special education programs is available to Massachusetts students with disabilities. Approval shall be granted by the Department in accordance with the provisions of 603 CMR 28.09. Upon receipt of approval special education schools are eligible to enroll publicly funded Massachusetts eligible students. Approval does not relieve special education schools of their obligation to comply with other applicable state or federal statutory or regulatory requirements or requirements set forth in their contracts with referral sources.

(a) Limited approval for out-of-state programs. The Department may grant approval to public and private day and residential schools providing special education services (special education schools) in states other than Massachusetts in the following circumstances.

1. An out-of-state program, in cooperation with a Massachusetts school district, seeks approvaI from the Department. The following documentation is required.

(i) Written verification by the Massachusetts school district of its intent to place an eligible Massachusetts student in the out-of-state program.

(ii) Documentation from the program that the host state has approved the program to provide services to students with disabilities. If the host state does not have an approval process, then the program must provide documentation of reputable accreditation.

(iii) Documentation of tuition rate approved by the host state. If the host state does not approve or otherwise regulate tuition rates, then the program shall provide documentation meeting the requirements of the Massachusetts agency responsible for setting rates for special education schools and showing that the proposed rate is the lowest rate charged to any enrolled student for similar services.

Upon receipt of required documentation, the Department may grant approval for a period of time not to exceed three years from the date of application. The Department may withhold such approval if it deems that circumstances warrant such action. In such case, the Department will notify the Massachusetts school district and the out-of-state program of its actions and the reason for such actions.

Once approved by the Department, out-of-state programs may accept Massachusetts students without additional documentation during the three-year period of approval. It is the responsibility of the out-of-state program, in cooperation with a Massachusetts school district, to reinitiate the three-year approval status.

(b) Approval for Massachusetts special education schools. Approval for schools operating in Massachusetts includes meeting all of the requirements of 603 CMR 28.09 and 603 CMR 18.00. The Department reserves the right to withhold or deny approval if, in its discretion, circumstances warrant such action.

(2) Eligibility. Any individual, not-for-profit corporation or agency, or proprietary corporation or public educational collaborative or school district may file an application to establish and/or operate a special education school in Massachusetts to serve eligible students with disabilities. The Department shall require justification of the need for such program and may establish standards for approval eligibility, including but not limited to, standards for minimum or maximum size of such program.

(a) Residential programs shall demonstrate initiation of a request for a license with the state agency responsible for licensing programs providing residential childcare. Such state agency shall be responsible for licensing the residential non-educational component of the program.  ASR in violation

The Department of Education shall not grant final approval of the educational component of the residential school until all licensing activity for the residential component has been completed and a license has been awarded.

The educational component of a residential program must reflect the 24-hour nature of the service and indicate how residential services and educational services will be fully coordinated.

(b) The Department shall develop approval standards that shall specify the types of information, policies, procedures, and assurances to be included in any application for approval. The application shall include, but not be limited to:

A demonstration of the need for such a program;

The population to be served. Such population shall, at a minimum, consist of a majority of students who have been determined eligible for special education services.  Again, answers the "special needs question," but childcaring license is already required by above rule

The anticipated special education and related services that the program will provide;

The legal and financial stability of the program;

The safety and appropriateness of the physical plant for the student population that the school will serve;

Documentation of qualified staff; and  Must meet all requirements for special education under Mass law - ASR does not.  not a single spec ed teacher on the premises

Procedures detailing how the school will provide education services for the identified population of students.

(c) For public special education school programs, the public school or educational collaborative must demonstrate that the program is developed for programmatic reasons and not because of lack of space at an in-district location.

(3) Department review and approval. The Department shall review for approval each application submitted and shall consult with other state agencies as necessary. The Department may, at its discretion, schedule site visits, interviews, or other inspection of the proposed program.  State must be granted ability to conduct "pop inspections" The Department may deny approval; grant temporary, provisional, or full approval; or grant probationary approval. The Department shall provide the applicant with a written notice of its actions and the reasons for such actions.

(a) Temporary approval/program pricing. The Department, upon granting temporary approval to private special education schools, shall forward such approval, together with a description of approved program elements for the educational component of the program, and applicable pricing elements for the residential component of the program, if any, to the state agency responsible for program pricing.

(b) Provisional approval. If provisional approval is granted, the Department shall indicate the specific conditions that shall be met and shall establish a time limit not to exceed six months within which the program shall meet those conditions. In no case shall approval be given unless the applicant can demonstrate to the satisfaction of the Department that the health and safety of the students is protected and the school is able to carry out the provisions of each student's IEP.

(4) Probationary approval. The Department may place the program on probationary status if it becomes aware of conditions at the school that, in the Department's judgment, compromise the program's ability to provide a safe, healthy and appropriate educational environment. In such circumstances, the Department shall provide written notice of the probationary status, the circumstances that caused the Department to take such action, and the actions necessary to correct the problem.

(a) Health and safety issues. When, in the Department's judgment, conditions at the school threaten the health or safety of the students in the program, acceptance of any additional eligible students (intake) may be prohibited and the Department shall establish a time not to exceed 14 days within which the program shall correct the problem.

(b) Educational issues. When, in the Department's judgment, conditions at the school compromise the program's ability to provide an appropriate education but do not threaten the health and safety of the students, the Department shall establish a time limit up to 90 days during which the program shall correct the problem. The Department shall determine if it is necessary to close intake during this period. The Department shall not close intake for more than 60 days in any 12-month period without a full review of the approval status of the school.

(c) Notification requirements. Within two school days of receipt of notice from the Department placing the program's approval on probation, the program shall provide notification to the parents of all enrolled Massachusetts 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. Notification shall state that the school has been assigned probationary status; that intake is closed, if applicable, and the reasons for such status.

(d) Completed corrective action. At the end of the time period for corrective action or when the issue giving rise to probationary status is resolved, whichever is sooner, the Department may reinstate the approval status of the program, change the approval status to provisional, or withdraw approval. The Department shall provide written notification of its action to the special education school.

(e) Request for reconsideration. Within one month of receipt of a written request for reconsideration of any Department action in relation to probationary status, the Department shall consider the request and make formal written response. The Department may, at its discretion, hold a hearing on the facts, make site visits, or issue an alternative remedy.

(5) Disclosure of information.

(a) An approved special education school shall make available to the Department, on request, information on all aspects of the school's program(s), the certification or credentials of its staff, and the individual records of enrolled Massachusetts students.  This is what ASR refused to give EEC and "escorted the representative off the premises"

(b) The approved special education school shall also maintain on site and provide, on request, documentation of a safety inspection of all buildings by the Department of Public Safety or the local building inspector, an annual fire safety inspection from the local fire department, and a lead paint inspection, if applicable. More frequent inspections may be required at the discretion of the Department.

(c) Prior to any substantial change in program or physical plant, the special education school shall give written notification of intent to change to the Department.  i.e. "change to a more clinical model" Notice shall be given with sufficient time to allow the Department to assess the need for the proposed change and the effects of such change on the educational program. The Department shall provide response to the approved program within thirty days if such change may affect the approval status of the program.

(6) Public information and postings. Each approved special education school shall maintain on site and make available for public review the following:

(a) Program information including a statement of purpose, a general description of the educational program, an organizational chart, and tuition information;

(b) Documentation of the current approval and or licensing status;

(c) Documents granting authority to operate the school, including documents that fully identify ownership, and, as applicable, the names of officers, boards, charters, partnership agreements, articles of organization, and by-laws;

(d) All required policies and procedures; and

(e) First aid, medical, and emergency procedures. The special education school shall conspicuously post first aid and emergency procedures, including emergency telephone numbers and location of nearest telephones within each building.

(7) Educational staffing requirements. An approved special education school program shall meet the requirements of 603 CMR 18.00 related to staffing, staff training, and personnel policies and shall demonstrate that its organizational structure provides for the effective and efficient operation of the school, supervision of school staff, and supervision of students. The school staff shall at all times provide appropriate supervision of students while they are engaged in any school related activity on or off school grounds.

(a) At least one staff member shall be designated as the educational administrator for the program. The educational administrator shall either possess licensure as a special education administrator or as a special educator and shall have a minimum of a master's degree in special education or a related field; and shall have a minimum of one year of administrative experience. Such person shall be assigned to supervise the provision of special education services in the school and ensure that the services specified in each student's IEP are delivered. The educational administrator shall be relicensed pursuant to the requirements of 603 CMR 44.00 and shall be required to obtain supervisor approval of his/her Professional Development Plan pursuant to 603 CMR 44.04.

(b) Teaching staff shall have teaching licensure appropriate to meet the needs of the population served and which is provided pursuant to the licensure requirements under 603 CMR 7.00. Teaching staff shall be relicensed pursuant to the requirements of 603 CMR 44.00. For the purposes of relicensure, teaching staff shall be subject to the same requirements as teachers in Massachusetts public schools and shall be required to obtain supervisor approval of Professional Development Plans pursuant to 603 CMR 44.04. At least half of the teaching staff shall be licensed in special education areas appropriate to the population served at the school; other teaching staff may be licensed in other educational areas, in order to provide for content expertise in the general curriculum.

(c) The Department may require a higher proportion of licensed special educators if, in the opinion of the Department, the population requires more specialized services. To the extent that teaching staff is providing special education services, such services shall be provided, designed, or supervised by a special educator.

(d) Staff providing or supervising the provision of related services shall be appropriately certified or licensed in their professional areas.  Require LICENSED COUNSELORS

(e) Instructional groupings and student/teacher ratios shall not exceed the class size standards set forth at 603 CMR 28.06(6) and (7). The Department may impose additional limits, if, in the opinion of the Department, the population requires more specialized services.

(f) The special education school shall have a written plan for staff orientation and training that is consistent with the needs of the student population and provides, on average, at least two hours per month of relevant training for all staff including non-professional staff. Initial staff orientation shall include provision for training in emergency procedures, behavior management procedures, and requirements related to student protections as provided in 603 CMR 28.09(12). The special education school shall maintain written documentation of training provided and staff attendance at training as well as documentation of training received outside of the school. Upon request, such documentation shall be readily available for review by the Department.

( Educational facilities and materials. Approved special education schools shall provide the facilities, textbooks, equipment, technology, materials, and supplies needed to provide the special education and related services specified on the IEPs of enrolled students. If specialized materials or equipment needed solely for an individual student are necessary, the special education school may enter into an agreement for the provision of such materials or equipment by the school district enrolling the student. Approved schools shall additionally meet all facility requirements of 603 CMR 18.00.

(9) Educational program requirements.

(a) All approved special education schools shall meet or exceed the student learning time requirements for public school students set forth at 603 CMR 27.00 and shall ensure that such requirements are met for individual students unless the student's IEP requires otherwise. In addition to meeting the student learning time requirements, all ten month programs must run a minimum of 180 school days; 11 month programs a minimum of 198 school days and 12 month programs a minimum of 216 school days exclusive of weekends, holidays, and vacations.

(b) Each approved special education school shall ensure that all teaching staff have an understanding and knowledge of the general curriculum expectations and learning standards of the Massachusetts Curriculum Frameworks and that such knowledge is incorporated into the educational programs of the special education school.

(c) All approved special education schools shall ensure that there are flexible procedures and mechanisms that maximize opportunities for enrolled students to gain the capacity to return to a less restrictive educational program.  have to let the inmates out![/i] Such mechanisms may include, but are not limited to, a capacity for part-time attendance at a neighborhood public school or other community program or a period of transition from one program option to a less restrictive program option.

(d) All approved special education schools shall ensure that there are written procedures outlining how such schools will ensure that enrolled students also participate in state assessment programs in accordance with the assessment participation information provided on the student's IEP. Such procedures shall include how the approved school will provide for accommodations or alternate assessments when required.

(10) Student Records. Approved special education schools shall keep current and complete files for each publicly funded enrolled student and shall manage such files consistent with 603 CMR 23.00: Student Records and M.G.L. c. 71, § 34H.

(11) Policies and procedures. In addition to the written procedures required for residential schools by the state agency responsible for licensing residential programs providing childcare, and written procedures required by 603 CMR 18.00, all approved special education schools shall maintain on site a policies and procedures manual, and shall provide written notice to parents of enrolled students that copies of such policies or procedures are available on request. Policies and procedures shall additionally include the procedures required in 603 CMR 28.09(9) and emergency procedures, admissions procedures, behavior management procedures, procedures regarding suspension or termination of the student's placement, and orientation procedures for parents and students as required under 603 CMR 18.00 and the following:

(a) Personnel policies, including procedures for hiring, discipline, supervision, evaluation, handling complaints, and dismissal of staff. Procedures on hiring shall include a description of the steps the school will take to obtain, consider, and act upon information related to convictions for criminal offenses for any prospective staff members whose responsibilities bring them into direct contact with students in the school.

(b) If applicable, transportation procedures that ensure that vehicles are safe, insured, and operated by qualified and trained individuals, and that students are transported in a safe manner that is responsive to individual student's needs and provisions of their IEPs.

(12) Student Protections. Students shall be entitled to protections and standards in accordance with 603 CMR 18.00. In addition approved special education schools shall observe the following requirements:

(a) Serious Incidents - Immediate Notification and Reporting. In the event of serious injury or death of a student, criminal activity on the part of a student or staff member, or other serious incident affecting the well-being of any student, the approved special education 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 the Department of Education.

(b) Emergency termination of enrollment. The special education school shall not terminate the enrollment of any student, even in emergency circumstances, until the enrolling public school district is informed and assumes responsibility for the student. At the request of the public school district, the special education school shall delay termination of the student for up to two calendar weeks to allow the public school district the opportunity to convene an emergency Team meeting or to conduct other appropriate planning discussions prior to the student's termination from the special education school program. With the mutual agreement of the approved special education school and the public school district, termination of enrollment may be delayed for longer than two calendar weeks.

My god, the list of violations is staggering.  Does anyone care to draft a formal letter to DOE outlining these violations as they relate to these specific rules?  If I had time (to write a fucking novel!) I'd do it myself, but anyone who can draft it with careful attention to detail would be appreciated!

Any takers?  I'll be happy to assist with editing and will submit the complaint to DOE...

[TheWho]

This is why I cautioned you to move slowly and build on a solid foundation.  The regulations that are listed do not apply to ASR.  They are not a Chapter 766 approved school.  They are classified as Special Education by the state but they don’t fir the profile of Chapter 766 in many ways, one is that the majority of kids are not “special needs” children as defined by the state (I pointed this out earlier).

If parents reading here are interested just call the number at the bottom of this post  and ask for Paul Renistoni (sp?)

Here is a list of Chapter 766 Approved Schools
Approved school
http://profiles.doe.mass.edu/speds.asp

http://profiles.doe.mass.edu/home.asp?mode=o&ot=2

Approved Private Special Educational Schools
These schools, established as, Massachusetts Chapter 766 Approved In-State Schools and Programs that Serve Publicly Funded Special Education Students, are private institutions serving students with disabilities when it has been determined that their needs cannot be accommodated locally.
The right for some public school students with disabilities to attend these schools was established by Chapter 766 of the Acts of 1972. The laws governing placement and tuition in these programs are now encompassed in Chapter 71B of the Massachusetts General Laws.
Approved Special Educational Schools, are monitored by the Department of Education's Program Quality Assurance Services Unit (781) 338-3700.