Author Topic: ASR's Violations of Massachusetts Education Law  (Read 20442 times)

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ASR's Violations of Massachusetts Education Law
« on: April 24, 2007, 03:50:50 PM »
Split off from ASR thread...

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.

Quote
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.

(8) 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...
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Offline TheWho

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ASR's Violations of Massachusetts Education Law
« Reply #1 on: April 24, 2007, 04:36:32 PM »
This is why I cautioned you to move slowly and build on a solid foundation, you are heading down a dead end path.

 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).  Any parents interested just call the number at the bottom of this post and as to speak to Paul Renestoni (sp?), he will answer your questions.

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.
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Offline Anonymous

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ASR's Violations of Massachusetts Education Law
« Reply #2 on: April 24, 2007, 05:27:25 PM »
Look closer Who.

Quote
A Child with special needs is a child who, because of a disability consisting of a developmental delay or an emotional, communication, specific learning impairment or combination thereof, is or would be unable to progress effectively in a regular school program.



Do these types of kids attend ASR? Whether or not they took a test is irrellavent.
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« Reply #3 on: April 24, 2007, 05:46:32 PM »
Quote from: ""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.


It's appears to be a mistake on the list.  Both lists, for special education schools AND private schools omit ASR.  So, are you willing to say ASR is not recognized by Massachusetts as any sort of school based on its absence from the private school list?  If so, they are definitely a childcare facility (which it is clear they are anyway, but that's a different story...).

However, if you go to this page  http://http://profiles.doe.mass.edu/home.asp?mode=ot&view=&mcasyear=2006&ot=2&o=2588 and select "Special Education School" in the left dropdown menu you can then select "Academy at Swift River" from the right dropdown menu - it's the first one on the list.

So, it's clear that ASR one, takes public funds for special needs kids, two, is classified as a Special Education School by the state and three, is grossly in violation of DOE policies and education law.  We've established this and agree upon it.  A quick call to the Department of Education's Program Quality Assurance Services Unit at (781) 338-3700 verifies that they are a Special Education School.  That's settled.

Now the questions are surrounding the facts that they don't meet the requirements laid out by DOE, including, but not limited to being licensed as a residential childcare facility, employing licensed teachers at least half of which must be licensed as special ed, having no special ed program director and having no licensed counselors.

The complaint will be lodged with DOE and the chips will fall where they may...
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« Reply #4 on: April 24, 2007, 06:27:24 PM »
Quote from: ""Guest""
A note on public funding private school tuition in Massachusetts:

The only possible scenario under which the state can provide funds to pay for a private school is for special education for a disability.  The private school is required by law to meet the special education standards of the state.  There is no wiggle room here.

Therefore, ASR, by virtue of accepting state funds for a child's education, must meet state requirements for special education under 603 CMR 28.00: Special Education.

The criteria for a student's "disability" that applies to these special education kids is under 603 CMR 28.02 (definitions of conditions explicitly claimed to be treated by ASR on their website are bolded):

Quote
(7) Disability shall mean one or more of the following impairments:

(a) Autism - A developmental disability significantly affecting verbal and nonverbal communication and social interaction. The term shall have the meaning given it in federal law at 34 CFR §300.8(c)(1).

(b) Developmental Delay - The learning capacity of a young child (3-9 years old) is significantly limited, impaired, or delayed and is exhibited by difficulties in one or more of the following areas: receptive and/or expressive language; cognitive abilities; physical functioning; social, emotional, or adaptive functioning; and/or self-help skills.

(c) Intellectual Impairment - The permanent capacity for performing cognitive tasks, functions, or problem solving is significantly limited or impaired and is exhibited by more than one of the following: a slower rate of learning; disorganized patterns of learning; difficulty with adaptive behavior; and/or difficulty understanding abstract concepts. Such term shall include students with mental retardation.

(d) Sensory Impairment - The term shall include the following:

Hearing Impairment or Deaf - The capacity to hear, with amplification, is limited, impaired, or absent and results in one or more of the following: reduced performance in hearing acuity tasks; difficulty with oral communication; and/or difficulty in understanding auditorally-presented information in the education environment. The term includes students who are deaf and students who are hard-of-hearing.

Vision Impairment or Blind - The capacity to see, after correction, is limited, impaired, or absent and results in one or more of the following: reduced performance in visual acuity tasks; difficulty with written communication; and/or difficulty with understanding information presented visually in the education environment. The term includes students who are blind and students with limited vision.

Deafblind - Concomitant hearing and visual impairments, the combination of which causes severe communication and other developmental and educational needs.

(e) Neurological Impairment - The capacity of the nervous system is limited or impaired with difficulties exhibited in one or more of the following areas: the use of memory, the control and use of cognitive functioning, sensory and motor skills, speech, language, organizational skills, information processing, affect, social skills, or basic life functions. The term includes students who have received a traumatic brain injury.

(f) Emotional Impairment - As defined under federal law at 34 CFR §300.8(c)(4), the student exhibits one or more of the following characteristics over a long period of time and to a marked degree that adversely affects educational performance: an inability to learn that cannot be explained by intellectual, sensory, or health factors; an inability to build or maintain satisfactory interpersonal relationships with peers and teachers; inappropriate types of behavior or feelings under normal circumstances; a general pervasive mood of unhappiness or depression; or a tendency to develop physical symptoms or fears associated with personal or school problems. The determination of disability shall not be made solely because the student's behavior violates the school's discipline code, because the student is involved with a state court or social service agency, or because the student is socially maladjusted, unless the Team determines that the student has a serious emotional disturbance.

(g) Communication Impairment - The capacity to use expressive and/or receptive language is significantly limited, impaired, or delayed and is exhibited by difficulties in one or more of the following areas: speech, such as articulation and/or voice; conveying, understanding, or using spoken, written, or symbolic language. The term may include a student with impaired articulation, stuttering, language impairment, or voice impairment if such impairment adversely affects the student's educational performance.

(h) Physical Impairment - The physical capacity to move, coordinate actions, or perform physical activities is significantly limited, impaired, or delayed and is exhibited by difficulties in one or more of the following areas: physical and motor tasks; independent movement; performing basic life functions. The term shall include severe orthopedic impairments or impairments caused by congenital anomaly, cerebral palsy, amputations, and fractures, if such impairment adversely affects a student's educational performance.

(i) Health Impairment - A chronic or acute health problem such that the physiological capacity to function is significantly limited or impaired and results in one or more of the following: limited strength, vitality, or alertness including a heightened alertness to environmental stimuli resulting in limited alertness with respect to the educational environment. The term shall include health impairments due to asthma, attention deficit disorder or attention deficit with hyperactivity disorder, diabetes, epilepsy, a heart condition, hemophilia, lead poisoning, leukemia, nephritis, rheumatic fever, and sickle cell anemia, if such health impairment adversely affects a student's educational performance.

(j) Specific Learning Disability - The term means a disorder in one or more of the basic psychological processes involved in understanding or in using language, spoken or written, that may manifest itself in an imperfect ability to listen, think speak, read, write, spell, or to do mathematical calculations.

So, as is clearly illustrated, by the state's definition ASR takes "disabled" children, clearly claims to have the expertise to treat and educate disabled children, accepts children from public school systems and takes compensation from the state for them.

This means they must meet all of the requirements under the law governing special education, of which they meet almost none, most especially those surrounding qualified, licensed teachers, of which they have exactly none.

Due to this fact, they are in violation of educational law.
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Offline TheWho

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« Reply #5 on: April 24, 2007, 06:38:56 PM »
Quote
It's appears to be a mistake on the list. Both lists, for special education schools AND private schools omit ASR. So, are you willing to say ASR is not recognized by Massachusetts as any sort of school based on its absence from the private school list? If so, they are definitely a childcare facility (which it is clear they are anyway, but that's a different story...).

No, not really stating that.  As I reviewed the schools listed under special education schools I noticed the following:

I did what you suggested which was :

 
Quote
However, if you go to this page http://profiles.doe.mass.edu/home.asp?m ... t=2&o=2588 and select "Special Education School" in the left dropdown menu you can then select "Academy at Swift River" from the right dropdown menu - it's the first one on the list.


Now try going to the next school ,Amego School (or choose some schools at random) and you will notice at the bottom of the page “Special Education Approved Program: Has Program.  Most schools have this “Approved status” which means they are 766 approved.  ASR does not have this,  I don’t think this is a mistake.  ASR is clearly not set up to take “Special needs” children as defined here and by the state of Massachusetts and do not have to abide by the regulations that you stated.

I believe ASR is classified as a Private Boarding school without special needs.  If a complaint is filed it will force the issue and we will find out how they are classified.  Probably the best way to resolve this difference in perspective.

I find this interesting, though, it seems they don’t have a category for TBS’s in Massachusetts and are sort of classified as a hybrid between special needs and boarding school.  I think a big step will be to determine which rules they need to adhere to.  I believe the ones being posted here do not apply but a complaint will clear up the matter.
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Offline Anonymous

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« Reply #6 on: April 24, 2007, 06:45:33 PM »
Quote
ASR is clearly not set up to take “Special needs” children as defined here and by the state of Massachusetts and do not have to abide by the regulations that you stated.

Yes or no Who, do they or do they not take these kinds of kids?

Quote
A Child with special needs is a child who, because of a disability consisting of a developmental delay or an emotional, communication, specific learning impairment or combination thereof, is or would be unable to progress effectively in a regular school program.
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Offline TheWho

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« Reply #7 on: April 24, 2007, 10:11:20 PM »
Quote
Yes or no Who, do they or do they not take these kinds of kids?


I just don’t know the full answer to that Ha,Ha,Ha,…….  I mean they clearly cater to students with special needs but whether that translates into the definition of a “Special needs” student as defined by the state of Massachusetts, I just don’t know the answer.
I think this is one of the items the state of Massachusetts is struggling with.  ASR is a cross (Hybrid if you will) between a private boarding school, mental heath facility and special ed school.  This why they are in limbo when it comes to classification.
Its sort of an interesting position to be in.
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Offline Anonymous

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« Reply #8 on: April 25, 2007, 12:25:21 AM »
Quote from: ""TheWho""
Quote
Yes or no Who, do they or do they not take these kinds of kids?

I just don’t know the full answer to that Ha,Ha,Ha,…….  I mean they clearly cater to students with special needs but whether that translates into the definition of a “Special needs” student as defined by the state of Massachusetts, I just don’t know the answer.
I think this is one of the items the state of Massachusetts is struggling with.  ASR is a cross (Hybrid if you will) between a private boarding school, mental heath facility and special ed school.  This why they are in limbo when it comes to classification.
Its sort of an interesting position to be in.


If thats true why did they claim to be a special needs school that could operate without regulation due to the 30% rule?
« Last Edit: December 31, 1969, 07:00:00 PM by Guest »

Offline TheWho

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« Reply #9 on: April 25, 2007, 12:58:00 AM »
Quote from: ""Guest""
Quote from: ""TheWho""
Quote
Yes or no Who, do they or do they not take these kinds of kids?

I just don’t know the full answer to that Ha,Ha,Ha,…….  I mean they clearly cater to students with special needs but whether that translates into the definition of a “Special needs” student as defined by the state of Massachusetts, I just don’t know the answer.
I think this is one of the items the state of Massachusetts is struggling with.  ASR is a cross (Hybrid if you will) between a private boarding school, mental heath facility and special ed school.  This why they are in limbo when it comes to classification.
Its sort of an interesting position to be in.

If thats true why did they claim to be a special needs school that could operate without regulation due to the 30% rule?


They still claim to be and have always said they are a special needs school..but does this meet the same definition as the state of Massachusetts?  Doesnt seem like it.... they are also a private boarding school...Ha,Ha,Ha, .. Hybrid?  Seems like it.  A special ed school under massachusetts law requires a school to be exclusively special ed students (ASR is not)....  a little tricky to define
« Last Edit: December 31, 1969, 07:00:00 PM by Guest »

Offline Anonymous

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« Reply #10 on: April 25, 2007, 01:00:40 AM »
I am a parent who has been googling for three straight weeks trying to find a place for my son.

Thank you for this information. I will avoid ASR and similar "special schools".

The poster called TheWho is what scared me off, you all should know most parents are not like him and his words actually work against these programs.

Thank you again everyone for the time you give to this cause.
« Last Edit: December 31, 1969, 07:00:00 PM by Guest »

Offline TheWho

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« Reply #11 on: April 25, 2007, 01:03:00 AM »
Quote from: ""Guest""
I am a parent who has been googling for three straight weeks trying to find a place for my son.

Thank you for this information. I will avoid ASR and similar "special schools".

The poster called TheWho is what scared me off, you all should know most parents are not like him and his words actually work against these programs.

Thank you again everyone for the time you give to this cause.


Thank you for recognizing the difference between "special needs" and special schools, guest.

and people here at fornits claim I dont help kids....this post is a keeper!
« Last Edit: December 31, 1969, 07:00:00 PM by Guest »

Offline Troll Control

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« Reply #12 on: April 25, 2007, 08:29:07 AM »
Quote from: ""TheWho""
Quote
Yes or no Who, do they or do they not take these kinds of kids?

I just don’t know the full answer to that Ha,Ha,Ha,…….  I mean they clearly cater to students with special needs but whether that translates into the definition of a “Special needs” student as defined by the state of Massachusetts, I just don’t know the answer.
I think this is one of the items the state of Massachusetts is struggling with.  ASR is a cross (Hybrid if you will) between a private boarding school, mental heath facility and special ed school.  This why they are in limbo when it comes to classification.
Its sort of an interesting position to be in.


What's really interesting to me, and apparently this parent who is looking for a placement, is that ASR doesn't meet the minimum requirements to be a private school, a Special Edcation School or a mental health facility.

They're basically not qualified to do anything lawfully.  This is why they are avoiding regulation by EEC, DMH and federal DOE.

-no special ed teachers or administrators - none
-no licensed teachers
-no licensed counselors
-no student rights under federal law (mail screening, cut off communication, physical punishments, etc)

With these qualifications, ASR really shouldn't be working with any type of kid.
« Last Edit: December 31, 1969, 07:00:00 PM by Guest »
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Offline Troll Control

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« Reply #13 on: April 25, 2007, 08:39:12 AM »
Quote from: ""Guest""
I am a parent who has been googling for three straight weeks trying to find a place for my son.

Thank you for this information. I will avoid ASR and similar "special schools".

The poster called TheWho is what scared me off, you all should know most parents are not like him and his words actually work against these programs.

Thank you again everyone for the time you give to this cause.


You're welcome.  Good luck with your son.  Any facility that has an unlicensed program, unlicensed teachers and is unregulated by state authority should be strictly avoided, as NOBODY will be looking out for or protecting your child's legal rights and welfare.

ASR, obviously, should be avoided like the plague.

There are plenty of small, well-structured traditional boarding schools out there that operate lawfully where your child can see a local licensed therapist as needed.  "TBS's" simply offer the worst of all worlds - bad education, bad "treatment", bad environment.

Yes, you're correct about TheWho.  It has been noted by several other parents actively shopping for programs and believing in the concept that his comments/excuses/cover-ups have frightened them and steered them away from programs.  This is why he's allowed to stay and post his twisted thoughts - he's a walking anti-program billboard.  

And, yes, we also know that most parents are not like him (failed TBS experience, shattered relationship with his kid and still pushing the program that failed his child so miserably).  Again, good luck.  Check back if you need any advice or information or just to let us know how you made out...
« Last Edit: December 31, 1969, 07:00:00 PM by Guest »
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Offline TheWho

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« Reply #14 on: April 25, 2007, 10:06:52 AM »
When the personal attacks start it is a sure sign they are short on facts.  You left out that most of the kids are tortured and left in isolation for days with no food or water.  The majority of kids are missing digits when they return home…. Ha,Ha,Ha,  They have no licensed pilots or licensed plumbers on site either.  I also noticed not one employee is licensed to teach scuba diving…this is awful… shut them all down.
If I was reading this stuff, I would call the school…. This is why I love fornits so much.  The stories are so outrageous that parents are saying, what the heck is going on… and end up calling the school for clarification or call the
 Department of Education's Program Quality Assurance Services Unit (781) 338-3700.  even if they are not considering placement, they call out of curiosity, you got to love the information age because you cant fool people for too long.

I am glad you let me stick around,  I just got my invitation in the mail  to post for another year here…how about you…Ha,Ha,Ha,
« Last Edit: December 31, 1969, 07:00:00 PM by Guest »