Massachusetts Department of

Elementary and Secondary Education

Telephone: (781) 338-3700

75 Pleasant St, Malden, Massachusetts 02148-4906
TTY: N.E.T. Relay 1-800-439-2370

April 14, 2021

Judith Evans, Superintendent

Winchester Public Schools
40 Samoset Road
Winchester, MA 01890
Re: Intake PRS 5512
Group Name: All Students
Request for Local Report

Dear Superintendent Evans:

The Problem Resolution System Office (PRS) at the Massachusetts Department of Elementary
and Secondary Education (Department) received a statement of concern from Maureen Ronayne
involving the Winchester Public Schools (District) on April 1, 2021. A copy of the signed
statement has been forwarded to your office. It is PRS’ policy to refer concerns to the
Superintendent to look into the identified concerns and submit a report to PRS containing the
results of the investigation. We request that you review this matter, report your findings to us,
and include any actions the District took to resolve the complainant’s concern(s). If deemed
necessary, PRS may conduct an onsite visit to collect additional information in regard to the
issues raised in the complaint.

Your report must include a detailed statement of activities completed in the review of this matter.
If necessary, your report must include any corrective actions taken or any compensatory services
offered. Please include the date(s) of these activities and copies of any documents referenced in
your report.

PRS considers all information submitted by the district and the complainant in reaching its
determination regarding District compliance. The PRS Specialist will issue a written
determination upon completion of the investigation. If PRS identifies noncompliance, we will
specify the corrective action(s) that the district must implement to comply with state or federal
education laws or regulations.

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Please inform us immediately if you do not intend to conduct your own local investigation. In
that case, or if PRS does not receive the District report by the deadline stated in this letter
without having previously granted an extension, PRS will develop findings and issue our
determination without the district’s participation.

In the PRS Specialist’s initial review of the statement of concern, we advised the complainant of
certain concerns the PRS will not investigate because those matters are not within our authority.
These issue(s) and possible other avenues for the complainant to pursue are:

• The complainant reports that a text message communication from a District school
committee member to the Superintendent used an inappropriate term to describe a group
of District parents. The Department is not authorized to investigate text messages to and
from school committee members and superintendents and will not take any action in this
matter.

• The complainant is concerned with the health and safety of District students. Specifically,
that some District students are, “suicidal due to their unpremeditated dyslexia.” Should
the complainant choose, she may provide the District with the name(s) of those students
so that the District can implement appropriate interventions.

PRS requests that you report on the following particular concerns any systemic occurrences of
them:

1. The complainant alleges that the District has failed to implement Child Find activities to
identify and refer those students suspected of having a specific learning disability (SLD)
for an evaluation pursuant to 34 CFR 300.111(a)(1), which states:

All children with disabilities residing in the State, including children with
disabilities who are homeless children or are wards of the State, and children
with disabilities attending private schools, regardless of the severity of their
disability, and who are in need of special education and related services, are
identified, located, and evaluated; and
A practical method is developed and implemented to determine which children
are currently receiving needed special education and related services.
2. The complainant alleges that the District does not use evidenced based instruction or
procedures for those students suspected of having a Specific Learning Disability (SLD).
The complainant alleges noncompliance with 34 CFR 300.307, which states:
A State must adopt, consistent with § 300.309, criteria for determining whether a
child has a specific learning disability as defined in § 300.8(c)(10). In addition,
the criteria adopted by the State -
Must not require the use of a severe discrepancy between intellectual ability and
achievement for determining whether a child has a specific learning disability, as
defined in § 300.8(c)(10);

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 Must permit the use of a process based on the child's response to scientific,
research-based intervention; and
May permit the use of other alternative research-based procedures for
determining whether a child has a specific learning disability, as defined in §
300.8(c)(10).
Consistency with State criteria. A public agency must use the State criteria adopted
pursuant to paragraph (a) of this section in determining whether a child has a
specific learning disability.
And 34 CR 300.309, which states:
“(a) The group described in 300.306 may determine that a child has a
specific learning disability, as defined in 300.8(c)(10), if—
(1) The child does not achieve adequately for the child’s age or to meet State-
approved grade-level standards in one or more of the following areas, when
provided with learning experiences and instruction appropriate for the child’s age
or State-approved grade–level standards:
(i) Oral expression.
(ii) Listening comprehension.
(iii) Written expression.
(iv) Basic reading skill.
(v) Reading fluency skills.
(vi) Reading comprehension.
(vii) Mathematics calculation.
(viii) Mathematics problem solving.
(2)(i) The child does not make sufficient progress to meet age or State-approved
grade-level standards in one or more of the areas identified in paragraph (a)(1)
of this section when using a process based on the child’s response to scientific,
research-based intervention; or
(ii) The child exhibits a pattern of strengths and weaknesses in performance,
achievement, or both, relative to age, State approved grade-level standards, or
intellectual development, that is determined by the group to be relevant to the
identification of a specific learning disability, using appropriate assessments,
consistent with 300.304 and 300.305; and
(3) The group determines that its findings under paragraphs (a)(1) and (2) of this
section are not primarily the result of--

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 (i) A visual, hearing, or motor disability;
(ii) Mental retardation;
(iii) Emotional disturbance;
(iv) Cultural factors;
(v) Environmental or economic disadvantage; or
(vi) Limited English proficiency.
(b) To ensure that underachievement in a child suspected of having a specific learning
disability is not due to lack of appropriate instruction in reading or math, the group must
consider, as part of the evaluation described in 300.304 through 300.306--
(1) Data that demonstrate that prior to, or as a part of, the referral process, the child was
provided appropriate instruction in regular education settings, delivered by qualified
personnel; and
(2) Data-based documentation of repeated assessments of achievement at reasonable
intervals, reflecting formal assessment of student progress during instruction, which was
provided to the child’s parents.
(c) The public agency must promptly request parental consent to evaluate the child to
determine if the child needs special education and related services, and must adhere to
the timeframes described in 300.301 and 300.303, unless extended by mutual written
agreement of the child’s parents and a group of qualified professionals, as described in
300.306(a)(1)--
(1) If, prior to a referral, a child has not made adequate progress after an appropriate
period of time when provided instruction, as described in paragraphs (b)(1) and (b)(2) of
this section; and
(2) Whenever a child is referred for an evaluation.
34 CFR 300.310 Observation
(a) The public agency must ensure that the child is observed in the child’s learning
environment (including the regular classroom setting) to document the child’s academic
performance and behavior in the areas of difficulty.
(b) The group described in 300.306(a)(1), in determining whether a child has a specific
learning disability, must decide to--
(1) Use information from an observation in routine classroom instruction and monitoring
of the child’s performance that was done before the child was referred for an evaluation;
or

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(2) Have at least one member of the group described in 300.306(a)(1) conduct an
observation of the child’s academic performance in the regular classroom after the child
has been referred for an evaluation and parental consent, consistent with 300.300(a), is
obtained.
(c) In the case of a child of less than school age or out of school, a group member must
observe the child in an environment appropriate for a child of that age.

And: 34 CFR 300.311 which states:

(a) For a child suspected of having a specific learning disability, the documentation of
the determination of eligibility, as required in 300.306(a)(2), must contain a statement of
Whether the child has a specific learning disability;
(1) The basis for making the determination, including an assurance that the
determination has been made in accordance with 300.306(c)(1);
(3) The relevant behavior, if any, noted during the observation of the child and the
relationship of that behavior to the child’s academic functioning;
(4) The educationally relevant medical findings, if any;
(5) Whether--
(i) The child does not achieve adequately for the child’s age or to meet State-
approved grade-level standards consistent with 300.309(a)(1); and
(ii)(A) The child does not make sufficient progress to meet age or State-approved
grade-level standards consistent with 300.309(a)(2)(i); or
(B) The child exhibits a pattern of strengths and weaknesses in
performance, achievement, or both, relative to age, State-approved grade
level standards or intellectual development consistent with
300.309(a)(2)(ii);
(6) The determination of the group concerning the effects of a visual, hearing, or motor
disability; mental retardation; emotional disturbance; cultural factors; environmental or
economic disadvantage; or limited English proficiency on the child’s achievement level;
and
(7) If the child has participated in a process that assesses the child’s response to
scientific, research-based intervention-–
(i) The instructional strategies used and the student-centered data collected; and
(ii) The documentation that the child’s parents were notified about--

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 (A) The State’s policies regarding the amount and nature of student
performance data that would be collected and the general education
services that would be provided;
(B) Strategies for increasing the child’s rate of learning; and
(C) The parents’ right to request an evaluation.
(b) Each group member must certify in writing whether the report reflects the member’s
conclusion. If it does not reflect the member’s conclusion, the group member must submit
a separate statement presenting the member’s conclusions.”

The District's local report to PRS is due by April 28, 2021. You must also send a copy
of your report to the person who registered this complaint, but do not disclose personally
identifiable information concerning any students in your report to the complainant. Include
copies of all relevant supporting documentation with your local report. At a minimum, please
include copies of the following documents with your report:

A. A narrative description addressing each specific allegation;

B. Copy of the District’s Child Find policies and procedures;

C. Examples of the District’s Child Find Activities, during the 2019 -2020 and 2020-2021
school years;

D. The District’s Special Education Manual, specific to the policies and procedures related
to the determination of a specific learning disability (SLD);

E. The continuum of the District’s program of services for those students identified as
having a Specific Learning Disability (SLD);

F. Twelve (12) student record reviews, of those students recently identified ( since SY 2019)
as having dyslexia (a Specific Learning Disability):

a. Four (4) Elementary student records;

b. Four (4) Middle School student records;
c. Four (4) High School student records.

Each record to include copies of the student’s:

a. Consented to IEP, implemented during the 2020-2021 school year;

b. IEP Progress reports provided to the parent/guardian during the 2020-2021
school year;

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 c. Report Card provided to the parent/guardian during the 2020-2021 school
year;
d. Special Education Evaluations conducted during the 2019-2020 and 2020-
2021 school years (including the SLD evaluation documentation);
e. IEP Team Meeting notices (N3), IEP Team Summary notes, and signed
attendance sheets (N3A) for the 2020-2021 school year.
f. Notices of proposed District Action issued during the 2019-2020 school year
and 2020-2021 school year

G. Correspondence, emails or telephone logs (if any) between the District and the
complainant regarding the allegations.

Electronic transmission of information

Please be aware that PRS sends all communications digitally both to Districts and Complainants,
and asks that all parties submit information and documentation to our office digitally as well. If
you require materials in printed form, that can be accommodated by contacting our office at
(781) 338-3700 or by informing your PRS Specialist.

The complainant can respond to the local report within 10 days of receipt

Once the district has forwarded its local report, the Complainant has an opportunity to respond to
that report either verbally or in writing. The Complainant’s response must be received in PRS
within 10 calendar days of receipt of the district’s report.

The District can acknowledge non-compliance and submit a Corrective Action Plan for approval

Should the District acknowledge noncompliance regarding any of the allegations, proposals for
corrective action should be submitted to PRS prior to implementation. Corrective actions
undertaken without advance PRS review and approval may not be sufficient to establish
compliance and close the complaint. In that case, PRS may then require additional corrective
actions.

The District and the Complainant can agree on a resolution

Should the District and complainant resolve any of these issues at any time before the PRS
finding is issued, they should complete and send the attached Notice of Local Agreement to the
PRS Specialist. The resolved issue(s) will be closed in the PRS system. If the parties reach local
resolution of any matters after a letter of finding is issued, PRS will proceed to address any
identified systemic non-compliance.

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Issues that are also filed with the BSEA are handled differently

If any of the issues contained in this complaint are also the subject of proceedings with the
BSEA (Bureau of Special Education Appeals), i.e. a hearing or a mediation, you should inform
the PRS Specialist. If those issues are the subject of a mediation, you and the district will be
asked if you are willing to set aside the complaint until you have had the chance to resolve the
matter through a mediation meeting. If you do not both agree, the complaint process will proceed
as normal, and a finding will be reached within 60 days. If the issue is the subject of a due
process hearing, then pursuant to the requirements of federal regulation, your complaint must be
set aside until the hearing process is complete. Please see the PRS procedures guide for
additional details at http://www.doe.mass.edu/prs/

Resolution

When the PRS office determines that the District has achieved satisfactory resolution of these
issues either by demonstrating compliance or by remedying any identified deficiencies, a letter
will be issued containing the findings of fact and conclusions, together with the reasons for the
final decision.

Additional Information

Please refer to the Problem Resolution System Information Guide at

http://www.doe.mass.edu/prs/ for further information about the PRS process for resolving
educational concerns, or you can contact me with your questions at or by email at
Rhonda.Mojkowski@mass.gov. Thank you for your cooperation in this important matter.

Sincerely,

Rhonda Mojkowski, PRS Specialist

Problem Resolution System Office

CC: Pamela Girouard, Director of Special Education, Winchester Public Schools

Maureen Ronayne, Complainant

Enclosures: Notice of Local Agreement Form

Local Report Form

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 THE DEPARTMENT OF ELEMENTARY AND SECONDARY EDUCATION
Problem Resolution System

LOCAL REPORT FORM

Due date for local report: April 28, 2021
In Response to Intake Number: PRS 5512

School District: Winchester Public Schools

Group Name: All Students identified with dyslexia

Submitted by: ___________________________ Date: ___________________________

Reported by: ____________________________ Title: ___________________________

This report must include a statement of activities completed in the District’s review of this
matter. If necessary, include any corrective action taken and compensatory services offered,
together with completion dates(s) and copies of any documents cited in this report.

You must send a copy of your report to the person who registered this complaint, but do
not disclose personally identifiable information concerning any students in your report to
the complainant.

This District’s Report was sent to the complainant on (date) __________

Page ___ of ___

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 THE DEPARTMENT OF ELEMENTARY AND SECONDARY EDUCATION
Problem Resolution System

School District: Winchester Public Schools

NOTICE OF LOCAL AGREEMENT

In Response to Intake: PRS 5512

Group Name: All Students

A local agreement may be written and signed by the education agency (public school/private
school/collaborative) and the parent(s)/guardian/student over 18.

Elements of an effective agreement include:

• the parties’ names and signatures;

• the date of the agreement;
• what action will occur;
• when the action will be completed;
• who is responsible for ensuring the action occurs;
• the period covered by the agreement;
• a process for review when the action occurs;
• a plan for making changes to the agreement, if needed;
• what to do if a participant believes the agreement is not being met

Assurances:

A local agreement has been developed with the parent/guardian/student 18 or older regarding
(circle one) some / all of the allegations in this complaint. (If some) Those remaining
allegations as numbered in the opening letter requesting a local report are #________. It is
understood that any remaining allegations will continue to be investigated by the Department.

______________________________________ ________________________
Signature of School Official Title Date

I (We) have signed a local agreement regarding (circle one) some / all of the allegations in this
complaint. If only some, the allegations as numbered in the opening letter requesting a local
report that I (we) have agreed to withdraw are #____________. It is understood that any
remaining allegations will continue to be investigated by the
Department. ___________________________________________________________________
_____
Signature of Parent(s)/Guardian/Student 18 or older Date

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