Te.llas Education Agency Michael Williams Commissioner IMPORTANT MONITORING INFORMATION March 16, 2015 2014-2015 Sent Via Email Ms. Brenda Valdes, Executive Director Shiloh Treatment Center Shiloh Day School-Hunting Bayou 3926 Bahler Manvel. TX 77578 Subject: Notice of Noncompliance Findings Identified During Renewal Visit This letter serves to notify the Shiloh Treatment Center and Shiloh Day School-Hunting Bayou of the noncompliance findings during the renewal visit on January 20-22, 2015 by a team from the Texas Education Agency (TEA) . The findings are based on the team's review of the documentation submitted by the two facilities, verification of implementation of the individualized education programs (IEPs) for students placed by each contracting local education agency (LEA), observation of the non public school educational program, and the examination of various documents subject to TEA review during the visit. As a result of the review, issues of noncompliance were identified. Please refer to the enclosed Summary of Documentation of Noncompliance for specific instances of noncompliance noted. Any determination of compliance should not be construed to cover any other issues outside the scope of this review or actions that may have occurred since the visit. Please complete and return the enclosed Receipt of Summary of Documentation of Noncompliance Report form by March 31, 2015 to verify receipt of the letter of findings. If the nonpublic school disagrees with the findings, you must request reconsideration by the date noted above by submitting in writing the objections and any documentation or evidence that refutes the TEA's initial findings. If the nonpublic school agrees with the findings noted in the letter, or if the Receipt of Summary of Documentation of Noncompliance Report form is not received by the required date, the report of findings will be considered final. Corrective actions are due to the agency no later than May 1, 2015. The Shiloh Treatment Center and the Shiloh Day School-Hunting Bayou should submit directly to the agency all nonpublic school-specific corrective actions. TEA's identification of a nonpublic school for renewal and LEA approval to contract for educational services for students with special education needs are contingent upon removal of all discrepancies. Ms. Brenda Valdes, Executive Director Shiloh Treatment Center Shiloh Day School-Hunting Bayou Page 2 Any significant changes in the educational program provided by the facilities, including any changes in the qualifications/certifications of instructional personnel or specific location of the program, must be reported to this office. Failure to do so will affect the agency's approval of the facilities to provide special education services. Please be advised that under the Texas Public Information Act, Texas Government Code Chapter 552, the agency may be required to release the final version of Nonpublic School Review: Letter of Findings and related documentation upon request. Thank you for your attention to these matters and for your support of students with disabilities. If you need clarification about items in this letter, please contact me in the Division of Program Monitoring and Interventions at (512) 463-5226 or by e-mail at judy.struve@tea.texas.gov. Sincerely, H ~JW?,MU Judy Struve Program Monitoring and Interventions JS/sh Enclosures cc: Terry Grier, Superintendent, Houston lSD Sowmya Kumar, Assistant Superintendent, Houston lSD Kirk Lewis, Superintendent, Pasadena lSD Deena Hill, Special Education Director, Pasadena lSD John Kelly, Superintendent, Pearland lSD Retta Cook-Jones, Special Education Director, Pearland lSD Terri Watkins, Superintendent, La Marque lSD Brenda Mullins, Special Education Director, La Marque lSD Casey Callahan, Superintendent, Llano lSD Sheila White, Special Education Director, Llano lSD Larry Nichols, Superintendent, Galveston lSD Melissa Knop, Special Education Director, Galveston lSD Rodney Watson, Superintendent, Spring lSD Christine Hess, Special Education Director, Spring lSD Randal O'Brien, Superintendent, Goose Creek lSD Thomas Kelchner, Goose Creek lSD Pam Wells, Executive Director, Region 4 Education Service Center (ESC) Ginger Gates, Special Education Contact, Region 4, ESC Terry Smith, Executive Director, Region XIII ESC Shirley Sanford, Special Education Contact, Region XIII ESC Gene Lenz, Federal and State Education Policy, TEA Margaret Baker, Legal Division, TEA RECEIPT OF SUMMARY OF DOCUMENTATION OF NONCOMPLIANCE REPORT Texas Education Agency Program Monitoring and Interventions The nonpublic school must complete this form by selecting only one of the two options as its response to the report of the recent visit conducted by a review team from the Division of Program Monitoring and Interventions at the Texas Education Agency (TEA). _ _ 1. The nonpublic school agrees with the contents of the report, which becomes final with return of this receipt. _ _ 2. The nonpublic school is in receipt of and disagrees with the contents of the report and is submitting those objections in writing. Any disagreement must be accompanied by all non public school data and/or documentation available and necessary for the TEA's reconsideration of the preliminary findings. Failure by the nonpublic school to respond by the date specified below will be interpreted as agreement with the report. Signature of Nonpublic School Director Date Shiloh Treatment Centers Name of Nonpublic School This Receipt of Summary of Documentation of Noncompliance Report form and any documentation submitted by the non public school is due to the Texas Education Agency on or before March 31, 2015. Return this form and supporting documentation to: Texas Education Agency Program Monitoring and Interventions 1701 North Congress Avenue Austin, Texas 78701-1494 Fax: (512) 463-3136 Shiloh Treatment Center Shiloh Day School-Hunting Bayou Non public School Review 2014-2015 TEXAS EDUCATION AGENCY Division of Program Monitoring and Interventions Summary of Documentation of Noncompliance --------- "---" Nonpublic School Name: Shiloh Treatment Center and Shiloh Day School-Hunting Bayou Legal Reference - Required Corrective Actions Documented in Corrective Action Plan (CAP) Specific Areas of Noncompliance Through interviews with several district representatives Prohibition on Mandatory and facility staff, and a review of the facility admission Medication/Psychotropic packet, the TEA team found that Shiloh Treatment Center Drugs and Psychiatric and Shiloh Day School-Hunting Bayou require parents to Evaluations or consent to using facility psychiatrists and to the use of Examinations "emergency" medications as a condition of acceptance to the facility" Some district representatives reported that 34 Code of Federal some parents stated to the district that they did not feel Regulations (CFR) their concerns were being heard by the facility doctors" It §300.174; Texas also was reported by some district representatives that Education Code (TEC) they have observed a Shiloh staff member threaten to give §38.016 ' students "a PRN (emergency medication)" for misbehavior. Revise policies and admission documents to remove any requirement that parents, whose children are being placed at the facility by local education agencies (LEAs), must consent to the use of facility doctors and the use of emergency medications" Provision of Special Education and Related Services 34 CFR §300.146 Employ or contract with providers of all related services needed for students placed at the facility by LEAs_ ----------·- ----- ----~- Through interviews with district representatives and facility staff, the TEA team found that Shiloh Treatment Center does not provide all related services that students require" The facility provides speech therapy and counseling; however, districts must send service providers for any other related services written in students' individualized education programs (IEPs)" """"""" ~"""""" - ----~-- -- - Shiloh Treatment Centers Nonpublic School Review 2014-2015 Page 2 ·-·-~-----Definition of Individualized Education Program 34 CFR §300.320(a)(3)(ii) 1····-·-···-· .. IEPs must include a description of how. the child's ·-· · progress toward meeting the annual goals and when periodic reports on the progress the child is making toward meeting the annual goals (such as periodic reports, concurrent with the issuance of report cards) will be · provided. Through a review of student documents, student folders, grade reports, and teacher reports, it was found that progress on annual goals had not been reported to parents and districts concurrent with the issuance of report cards by the LEA. While reports of grades are sent to 1 ~~rents and the districts, these reports do not include ~ogress toward students' annual goals. 'I. Documentation and Notification of Use of Restraint 19 Texas Administrative Code (TAC) §89.1053(e) 1 Districts must follow specific requirements for reporting the use of restraint. Through interviews, the agency team learned that the facility is not consistently reporting the use of restraints to districts and parents. 1 . ··---l Develop a procedure for reporting progress on annual IEP goals to parents and LEAs, concurrent with the issuance of LEA report cards. TEA will require documentation verifying that procedures have been developed, as required, and that progress reports are provided to parents and districts. Develop a process for consistently reporting the use of restraint to districts and parents in a timely manner. Determine if any instances of the use of restraint were not reported to LEAs. If so, send reports to u•~u.v<~. Shiloh Treatment Centers Nonpublic School Review 2014-2015 Page 3 Free Appropriate Public Education 34 CFR §300.17(d) I Free appropriate public education or FAPE means special education and related services that are provided in conformity with an IEP. Review students' IEPs for the frequency and duration of each special education service and ensure that those services are provided as written in IEPs. 1 Through classroom observations, the agency team observed that some students who were to receive a stated amount of special education services in a class were provided with approximately half of that amount of time [ and then were allowed to engage in free time. I __ L______________ _ If students are unable to complete the frequency and duration of a service, determine alternative ways the facility can provide these services as written in IEPs. l -----·· Report to districts on students who have not received services as written. ..... _____ _ . .. ... j