Massachusetts Department of Elementary and Secondary Education

75 Pleasant Street, Malden, Massachusetts 02148-4906 Telephone: (781) 338-3000 TTY: N.E.T. Relay 1-800-439-2370

September 24, 2012

Mr. Justin Smith, Education Director New Directions School Cutchins Programs for Children and Families, Inc. 78 Pomeroy Terrace Northampton, MA 01060 Re: Final Approval of Cutchins Corrective Action addressing the July 19, 2012 Incident involving student D.A. at the New Directions School Dear Mr. Smith: The Department has accepted the revisions and clarification to your Corrective Action Report that were received on September 13, 2012 pertaining to the July 19, 2012 incident involving student D.A. at the New Directions School. In the initial internal investigation report that was submitted by Cutchins, the Department noted significant operational issues that were systemic. Of serious concern was that Cutchins failed to keep the student safe because back-up procedures to ensure appropriate supervision of students were either not in place, staff was not aware of them, or they were poorly developed. While the recommendations provided in the Internal Investigation report alluded to this problem, the Department requested a detailed, written plan that specifically addressed each of the identified issues. The staff involved in the incident who used poor judgment and the ensuing disciplinary actions taken only partially addressed the problem. The greater issue was the absence of procedures required to ensure adequate supervision of students, along with established procedures not having been adequately understood and/or properly followed by staff, which resulted in a serious breakdown in the overall operation of the program. Specifically, the Department required Cutchins to further examine crisis communication, staff availability and immediate notification procedures. Cutchins submitted several narratives, assured the Department that it takes full responsibility for the safety of its students, and examined and revised its policies and procedures addressing Communication and Immediate Notification of Serious Incidents. 1

Summary of Corrective Actions completed by Cutchins 1. The area of crisis communication required immediate examination. You revised Cutchins policies titled Policy on Supervision and Communication with TimeOut and Policy on Communication Cell Phone/Walkie Talkie. You separated the extremely important protocol for signing students out of the building; you added that the walkietalkies have a 23 mile range; and you revised the order of contacts responsible for implementing the policies and procedures. 2. Staff availability and experience-level were noted as key areas of deficiency. Cutchins has provided a written assurance to the Department that teachers are utilized appropriately to design all instruction for students and that they are available to teacher aides who are delivering that instruction to ensure it is delivered as intended. Furthermore, Cutchins provided a satisfactory explanation addressing where the second teacher was on the day in question. 3. Immediate telephone and written notification to the Department was required pursuant to 603 C.M.R. 28.09(12)(a). Cutchins revised their policy on Immediate Notification of Serious Incidents. The Department had found that the manner in which persons were listed as contacts responsible for correct implementation of New Directions School incident reporting policies and procedures were confusing. In addition, the contacts needed to have been listed in the order by which they are responsible for implementing the policies and procedures and it needed to expressly state that. The policy was revised and now clearly communicates the aforementioned information. The Department had also required clarification regarding why the Education Coordinator was held responsible for failure to provide the Department with the required immediate notification when he was on a planned vacation and not present the day of the incident. The Department interpreted Cutchins policy to say the Milieu Coordinator had the responsibility as designee, as well as the responsibility of the Executive Director and/or the Program Director who supervises that person and the overall program operation of the program, to be aware of the reporting requirements before the Education Coordinator went away on vacation. Cutchins conclusion that the Educational Coordinator was responsible while on vacation appeared to conflict with the policy. Cutchins has since clarified that its decision to hold the Education Coordinator responsible in this regard is due to the fact that the Education Director did not communicate clearly with the Milieu Coordinator and Program Director the proper procedures for how and when to contact the Department immediately after an incident when it occurs in his absence.

The Department will be following up with Cutchins during its onsite Mid-cycle Review in November 2012, confirming that changes in policies and procedures have been conveyed to staff and implemented throughout the school program. Sincerely,

Doreen Donovan-Barbera Educational Specialist, Program Quality Assurance Services

Caryn N. Goldberg Supervisor, Program Quality Assurance Services Cc: Darlene Lynch, Director Program Quality Assurance Services Jay Indek, Executive Director, Cutchins Programs for Children and Families, Inc.