Ill in! at.? laminate ?Eh-Ila?: I ifwinnings; getting edit. - sues: isles sins belt irctt ni irritant?! MAIL AND FACSIMILE HTS-963 20 1 {1?201 1 January 28. 2011 Mrs. Lcwanda Sias. President, Beard chrusiees Dr. Eli Casey, interim Superintendent Marlin independnt School District 130 Coleman $treet Marlin. Texas 76661 Dear Mrs. Sies'end Dr. Casey: This letter is to inform you that i am elevating the role eiithe i'ncnitcr currently assigned to Merlin Independent School District (ISD) in that cf ccnservatdrg} Marlin long history of special education program de?ciencies, its failure is with statute and intervention requirements. its failure to moderate with Texas Education Agency (TEA or agency) staff and the TEA-assigned menitcr tn iresdive irinti?ed de?ciencies and areas cf its ongoing academic de?ciencies at Martin Elementary {073-9034 i321, and its recent acknowledgement of seripfus end long-standing gcvemsnce and leadership ccneerns compel me to intervene in order tci isafguerd the educational environment previded far the siudentsettending Merlin tan. 3 3 Background specie! Educatlcn Fre?riflf? in 2007-2008. Merlin was staged at at Stage 4 level inf interventien in the Based Mcnitering (FEM) system for special education die is consents related to the cf students with disabilities, the remcvai eiistudents with disabilities to disciplinary settings, and the rates cf identi?caticn of students as eligible fer special educeiien services. in a letter dated November 28, 2007. the district was notified that an cnsite visit wcuid be conducted the week of December 12. 2007. In a report dated .ltiiy 23, 2008. the district was ncti?ed of identi?ed issues of ncncunpiisnce and a hunt her int areas in which the district was required to take acticm to improve its program and preqlcesg? issues addressed in the report included regarding student participation in stdievnde assessments; the availability at centinuum of alternative Special education placements; iprecesses fer deveicping. reviewing, and revising individualizededUceticn programs (iEPs) certain students: the availability ci a recommended or distinguished dipicma students with disabilities; and overall academic de?ciencies within the district. The district was required its develop a ecntinuctls improvement plan to address the ?ndings and issues of noncompliance. didd? Ukr?drli WED 14:16 FAX 4T5 GDV .Lagiuns Mrs. Lower-ids Sins, President, Board of Trustees Dr. Eli Sassy. interim Superinteudent Marlin independent School District Page 2 in 2008-2009, Marlin lei) again was staged at a Stage is late! of intervention in the FEM system for special education due to concerns related to the potion-once of students with disabilities, the removal of students with disabilities to disciplinary settings. and the rates of identification of students as eligible for special education services. The ditrict was staged as YearAl'ier Un- Site and was required to continue implementation of its! to address the signi?cant de?ciencies identi?ed through the Performance-Based Monitoring Analysis System (FEMAS) and on-slte report. in a latter August 25. 2009. the disliicl was noti?ed that the mas of noncompliance identi?ed in the on-slle report had baehi determined to be consoled. As referenced in previous correspondence, the district was redUired to continue with its improvement and correction strategies as re?ected in its Oil? to address ongoing program effectiveness issues. 1 ln 2009-2010, Marlin was noti?ed that. for a third consecutive year, it had been staged at a Stage 4 level of intervention in the FEM system for spatial education. Many oftho problems referenced for previous monitoring years remained in pliacsig despite the ongoing requirement to take action in accordance with the district?s CIP. resonance staff had significant concerns related to the district's failure to make progress in diesel areas. in TEA correspondence dated January 5, 2010, Marlin ISD was noti?ed thatthe division of Program Monitoring and Interventions, would conduct another on?sile visit to resistor the district's continuing low performance and program effectiveness concerns. The; art-site visit was conducted during the wool: of FebruaryP 2, 2010. 3 The Preliminary Git-Site Findings resulting fromthe Fe?mal? 201G ten-site monitoring review for special education was mailed to Marlin 16D on Septemtier as, 2010. The report identi?ed continuing issues related to program effectiveness, areas with special education requirements. and area that cmtinued to redulrealmprovemant or correction. During the ion-silo visit, the TEA team determined that substantial deficiencies continued to exist in the district's special educaan program and in its systems with federal and state special education program requirements. Speci?liy, the report re?ected continuing concerns related to studnt performance on the Texas Assessment c?sKnorwledge and Skills (MKS) in mathematics, statewide assessment decision melting tot std?snts with disabilities; patterns of discipline removals for students with disabilities; and placer-isms of students with disabilities along a continuum of services. 5'2 Specific noncompliance was identi?ed with regard to losses as (this list is not exhaustive): - Student participation in alternate assessments: - Provision of intensive programs of instruction to students with disabilities who did not perform satisfactorily on statewide assessments; Appropriate documentation of frequency and duration of sen-ices in the Planning for secondary transition; :2 i implementation in accordance with a studeritis schedule of services; Conducting certain admission, review. and dismissal committee meetings within speci?ed timelines; and I Evaluation of shrdents to determine eligibility forfspeoiel education services. WEB lit-1115 Fill Iii-5 Sti?? GEN RELATIQES Mrs. Lawsuits Sins. President, Board of Trustees tilr. Eli Casey, interim Superintendent Martin Independent District Page 3 Note that the district-again was cited for a failure to preside a continuum ct alternative placements fer students with disabilities and that the district had failed to implement its in accordance with requirements. - in the TEA letter dated September 24. em ii; the district was given until Qctobsr s. 2516.. to agree or disagree with the findings in the resort. The district requested at nuns-wein extension cf this deadline. and one was granted. However. the district submitted no correspondence refuting the findings in the report. and. as such. the Pieiiminerjr tin-Bits Findings became final. In the September 24, the agency also assigned a special purpose monitor to Harlin 183 in accordance with 19 Tents Administrative Ends (TAG) The TEA test that action to address cngcing special education program and compliance issues stilts district.1 Ms. Elisabeth Rowienci was appointed as the monitor. idiom-ration: Academic rind Interventions Marlin ISD'hs-s a long cl academic performance concerns that have resulted ll'l number at inlementicns ever time. A pattem- of agency intervention. idlicwsd by limited improvement and submntisi regression, is evident. Theseiinlewnnticns generally have, fuwsed on the of campuses within Martin tilt particular'nete. Merlin Elementary School has is long history of performance concerns dating back to 20m and BEBE, when the campus was rated Low Penetme (LP). in litcrsinhsr 2002. campus intervention teem specialist. his. Michelle Willhsim. assigned tc Msitin Elementary Sci-loci. to assist the district and campus with identi?ed performance cones-ms. were not issued by the state in 2003. in June 22cc. Ms. Willhelrn was remitted from her assignment traced on the progress exhibited by the campus tn that point. Howeaier. cine-n 213M academic ratings were issued, the campus again was rated Academician}: Unacceptable subsequently, Martin Middle School was rated AU in 2905. . tn sour. Merlin lab was rated All in the stats academic acdcuntsbility at the district larval, and st! of Its campuses were rated AU theft seine year. As a resuit. campus intswenticn tesrns (GlTs) were assigned to the campuses. in 2008. the district was rated Academically Acceprshis and has remained Nit,- but trim of the district?s campuses were rated All. both Martin Elementary School and Marlin Middle School. he a result. both campuses were required. With the assistance of the GIT. to plan fur whens reconstitution is be implemented at the beginnin or the 2009?2010 schooliyesri While Merlin Minnie Sonnet subsequcniiy censure AA. in 2009 and 2010,: Marlin Elementary Sdrocl sgein earned AU ratings. Therefore. Martin Elementary Schocl had been rated AU cr LP icr seven out of the last nine years that ratings have been . a When can: academic railings Were released July 30. 201i]. Marlin Elementary School we rated AU for the fourth consecutive year due in the low pencnnance ct setters! student groups on the 21310 in the arse of readingiEngilish language arts. and the CIT continued to be assigned under the requirements of Tsitss intonation Cede EC) $9.103. Additionally. the campus was required. with the assistance oi the to revise the schcal im plan. which was required to be approved by the cf trustees of the-district, and submit the plan in TEA. The Martin campus must continue its implement the plan. with the CIT reporting to the agency each Month cri the progress of the campus- See TEA dated September 24. 201E. sz??fll 14:17 FAIL 4T0 3603 Gm" EIUUT Mrs. Lower-ids dies. President. Boarder Trustees Dr. Eli Casey. Interim Superintendent Martin independent School District Page 4 Ongoing Prorem Concerns-and Recent Findings The Ghetto Findings report dated September 24, 2010' revealed signi?cant special education program deficiencies and required that the district correct all areas oi noncompliance. The district also was required to submit a revised continuous improiiement plan (SIP) and a corrective action plan (GAP) by November 19. 2010. The district was given an extension until Januaryr 15. 2011. to cometete and submit the CAP. To date. the agency has not received the GAP from Martin ISO. - I Additionally, Marlin ISD has made little or ncprogress i l; addressing the areas of special education program noncompliance identi?ed by TEA ianl-Ie Git-Site Findings report. and new concerns have surfaced. in the December 2010 monitor report and its addendum. the assigned monitor notes the following areas of concern inith regard to the spool at education program at Marlin The form used by the district to comment the attraction of Tarts-Modified (T is not aligned with the multi-pronged recruit-enema; listed in the scream ?i Committee Decision?Matting Process forthe Texas Assessment Program Manuel; The district is failing to correct its cysteine of complying with state and federal program requirements in a way that will have a systemic impact; and - The district is overiden?iying students {for the episcial education program. Speci?cally. according to the 2009?201 0 Academic Exceliense indicator district performance reports. 16.4% of the students in arlirt ISD were identi?ed as eligihie for special education sewlces. and 14.0% of the a ?end: at the elementary school were determined to be eligible. of the 55:; members of the 2009 graduating class, 23.6% were students who were determined to his eligible for special education services. . I: The monitor appointed has hoen met with resistance arid a lack of cooperation as she has attempted to irnplement her chrges. $peci?caity, I ?nd the following (this list is not exhaustive}: is Martin ISD has failed to Implement recommendations made by my appointed monitor; - Marlin has failed to timer submit data requested by TEA staff in the Division of Program Monitoring and lntorventions? - The restricts special education program director lies repeatedly failed to cooperate with TEA sta? and my appointee monitor and is hindeting the monitor?s ability to assist the district in implementing required actions or correcting noncomplianm: - As of January 7. 2011, Martin hadioompleted only one of the more than twenty required actions identi?ed in the Orr-Site Finding: report: and - As of January 7, 2011, Martin ISD had failed to 'ytiatd-suiticlent action to address the more than forty systemic program effecttVenees. ind compliance issues identified in the DcSits Findings report. 3 In addition. the monitor has identified other tactics of co icemiwithin the district not directly related to the special education program. Herirecent on indicates that multiple systemic and instructional issues need to be ddressed before an appropriate education can be provided to students. The monitor has expressed serious concerns fegerding the adequacy of the 02/?091?11 WED 14:17 FAX 475 3663 REUIIDNS @008 Mrs. Lowsnda Stet, President. Board ot'l'rustede Dr. Eli Casey. interim Superintendent Martin independent School district Page 5 education being provided to the students or Merlin Istr, endshe has reported oonoerns regarding the nature of the curriculum beingi provided to high sohoot students and the methods being used to graduate students from the district. Conservator Assignment: - TEE: $59. mite}, allows the no rnmiseioner Induced? to appoint a monitor, conservator. management teem. or board of managers to the distri jt to ensure and oversee district-level support to a low-perfoming campus and the; impleme? 'tation of the revieed school improvement plan. Under 19 TAC the pornmissi other sonotion to the extent the commissioner determii pun-loses specified in 19 TAG $11053. i 3' ner takes action. he may impose anyr es is reasonably required to achieve the Given the ?ndings reflected in agency reports end no spendenoe, the identified led: of with current agency interventions; the sta of; continuing program noncompliance. the continuing academic concerns-st the elementary s; hoot. the overs! operational oonoerns reoently identi?ed by the district. and the findings oont load in this letter, and under th auditith of TED 15533102 and 39.10th) and 19 TAC 5.597.105 grid} and 97.1073, I am expanding Ms. Rowland?s role to that of consewstor. . - I nmont letter dated September 24. 2010, as a Me. Rotation-id shell oversee addition fl Madin ISD activities with respect to the operation of the district. including academic: programs; programs. and district operations. including governanoe. In with TEO 1; I . the conservator may direot an action to be taken by or approtre or disapprove any notion of a oipel of a campus. the supedntendent of the LEA {local educational agency}, or the LE: board at necessary to achieve her charges. Additionally. heoeuse of ongoing academic: p?rtorman} oorieerns. i also am requiring the. acquisition of professional servioes under the provision. ref TEC $9.109 for the purpose of monitoring assessment at candid oampu 'es within the district. and I will assign special purpose monitors to Mar?n ISO to ooreplete this requirement, Ms. Rowland will be responsible for these efforts i The poet of the oonserrettor's set-rides witl- paid by Ee district in depot-dance with TEE: 539.110. The oonservator?s fee shall be S??iper hour; irrot to exoeed $685 per day} plus nessazy travel expenses not to exceed theietete pet" iemgrete. Failure to make timely payments to the oonservtor may result in appropriateg' mounts being deducted from the I district's Foundation School Program The TEA reserves the light to teke-?edditihn?alieptions of inerease interventions for the LEA andfor oertein campuses should it he deeme?dineoessa . Additions! interventions that could be determined include. but are not limited to! the: assignm. nt a board of to address ongoing perfonndnoe issues. 3. 2? Please review this letter carefully. Any disag'lie'ement j'th this TEA's ?ndings and snctions must be submitted in writing to the TEA. Division of rent-Monitoring end Interventions. and accompanied by alt dieh'iot date endlor dodthtentadon :"eoesserv for TEA's review and reconsideration under 15 TAC 5911033.. A reg fog reoahsidertion and documentation must be reoeived by the TEA .lvision oh Program Monitoring and Interventions no later than February 11, 2011DEJGQKII WED 14:18 FAX 475 3663 Mrs. Lowende Sies. President. Board of Dr. Eli Casey. Interim Superintendent Merlin independent School District Page 6 Me. Rowland will continue to keeii'me epnrieed of the ceoper'eiion shown by, the administration and ffeoulty.; our RELATIS @0139 conditions in the district and the degree of it is my einoere desire that parties work together in a cooperative and produetive manner with de?ciencies identified for the district. Any questions my be Ron Rowen in the Goue'rnence (512) 463-9290 or via email at Sinoerely, Robert Scott of Education Enclosures co: Tom Mom's. Executive Director; Region Educii eel Dietti Rey Deputy Commissioner for David Anderson, General Counsel. 3 Laura Taylor. Associate Commissioner ferngd'edj roneldrg?gli? the doneeruetor to address the ongoing regarding the assignment of iris. Rowland nd general Inquiries Division at on service neuter ot Leedemhip end Educator Quality. TEA iortiiTEA Karen Batcheier, Denney Associate l? ogreir?n Monitoring and Interventions, TEA Emi Johnson. ?imotor. Test Monitoring. I Ted Kerr. Manager, Program Monitoring-end trite Ron Howell. Director. Governance and General :lnjjuirie TEA 'ntione, TEA Judy Struve. Manager. Program Monitoring endii' mentions. Roy Green, Unit Manager, Program Munittj?ng {anti Sondra Cooke. GIT Contact I Elizabeth Rowland, Sunsewator inte Wentione, TEA