the educational benefit review process

The Educational Benefit Review Process

A Reflective Process Designed by the California Department of Education

25 Industrial Park Road, Middletown, CT 06457-1520 · (860) 632-1485

Revised 03/08

Outcomes

Describe what constitutes “educational benefit” for a student with a disability; and

Determine if the design of a student’s IEP was reasonably calculated to increase the likelihood of educational benefit.

Revised 03/08 SERC

Essential Question for Learning

What assurances does a school system maintain in the provision of FAPE for a student with an IEP?

Revised 03/08 SERC

What is “Educational Benefit”?

Dialogue with your team

What does this term mean to you?

Revised 03/08 SERC

Board of Education of the Hendrick Hudson School District v. Rowley, 458 U.S. 176 (1982)

Supreme Court’s first IDEA case 2-Prong Test Definition of “appropriate”

Issue: Did Board provide FAPE pursuant to IDEA?Rowley’s “2 PRONG TEST”

1. Has the Board/State complied with the procedural requirements of IDEA?

(Procedural Prong) AND

2. Is the IEP developed through IDEA’s procedures reasonably calculated to enable the child to receive educational benefit? (Substantive Prong)

Revised 03/08 SERC

Reasonable Calculation

The PROCEDURAL Prong (not an exhaustive list)

Procedural requirements of IDEA 2004;

Identified needs related to disability & general curriculum;

Goals in each need area; and

Services to support progress toward goals & general curriculum, participation in extracurricular, and education with other disabled & non-disabled children.

Revised 03/08 SERC

(Drouin, 2004)

Educational Benefit The SUBSTANTIVE Prong (not an exhaustive list) Passing marks;

Advancement from grade to grade;

Progress toward goals and objectives;

Improved scores on district/statewide assessments; and

Passing the high school exit exam. Revised 03/08 SERC

Rowley

Transition and Educational Benefit

Requirements IDEA 90’

Access IDEA 97’

Participation IDEA 04’

Revised 03/08 SERC

IDEA 04’ Transition results-oriented process

academic and functional achievement

facilitate movement from school to post-

school activities

postsecondary education, training, employment and independent living…

Revised 03/08 SERC

Recent Transition Cases

Agency Contacts

Student Involvement

Individualization of Transition IEPs

District Obligations

Appropriateness of Transition Planning/Services

Revised 03/08 SERC

Educational Benefit Review Process

The Steps and Protocol

The Components Reviewing IEPs for a 3-year cycle;

Analyzing the relationship among needs, goals,

and services;

Comparing progress across annuals;

Looking for patterns in the planning process; and

Determining if the IEP was reasonably planned to

result in educational benefit.

Revised 03/08 SERC

(Drouin, 2004)

Steps for the Process

STEP 1 Record Information

STEP 2 Analyze Relationships

STEP 3 Compare to Prior Year

STEP 4 Discuss Overall Educational Benefit

(Youtsey, 2006)Revised 03/08 SERC

What were the patterns to the program planned for the student?

Practices to Keep Practices to Change Next Steps

Questions: Circle OneWas the necessary relevant information included in the student's IEP? Y N

Was there a clear relationship between the identified needs, goals, and services? Y N

Were subsequent goals and services/placement consistent with progress made? Y N

Was the student's program reasonably planned to result in educational benefit? Y N

Summary of Educational Benefit Review Process

Revised 03/08 SERC

p. 7

Summary of Educational Benefit Review Process(Youtsey, 2006)

STEP 1- Record Information Jigsaw the documentation of

each IEP Strengths (under the Present Level) (p.

3, 4, 5); Needs (p. 3, 4, 5); Goals and objectives (p. 4&8 / 7&8); Accommodations and modifications (p.

4&8 / 7&8); Services/placement (p. 7, 11); and Progress (p. 7 ).Revised 03/08 SERC

p. 3

STEP 1- Record Information Record what is written on each IEP.

Information must be present in the IEP

Information is verbatim as much as possible

Short-hand and abbreviations are acceptable; but paraphrasing or summarizing are not

Revised 03/08 SERC

Revised 03/08 SERC

Present Level

Need /Con.

Goals & Obj./ Accom. &

Mod.

Serv. /Place

.

Pr. Adj

Academic/Cognitive Language Arts:mastered 25 functional site words related to Language Arts WIAT :Reading 48Lang 64

Comp. is sig. below grade level

Improve comp of read material from 3.2 to 5.0

Given passage, state 2 details

Given passage, answer correctly 5/6 Wh questions

Learn.center 3.75 hrs/wk

S

M

S

No

California Department of Education

Domain

Revised 03/08 SERC

Present Level

Need /Con.


Mod.

Serv. /Place

.

Pr. Adj

Academic/Cognitive Language Arts:mastered 25 functional site words related to Language Arts WIAT :Reading 48Lang 64






S

M

S

No


Strengths

Revised 03/08 SERC

Present Level

Need /Con.


Mod.

Serv. /Place

.

Pr. Adj






S

M

S

No


Present Level

Revised 03/08 SERC

Present Level

Need /Con.


Mod.

Serv. /Place

.

Pr. Adj

Academic/Cognitive Language Arts:Can decode on grade levelKTEA Read 3.4 G.E.Oral Reading Inventory 3.2 G.E






S

M

S

No


Concerns

Revised 03/08 SERC

Present Level

Need /Con.


Mod.

Serv. /Place

.

Pr. Adj







S

M

S

No


Goals, Objectives,

Accommodations, &

Modifications

Revised 03/08 SERC

Present Level

Need /Con.


Mod.

Serv. /Place

.

Pr. Adj






Learn. center 3.75 hrs/wk

S

M

S

No


Service &

Placement

Revised 03/08 SERC

Present Level

Need /Con.


Mod.

Serv. /Place

.

Pr. Adj







S

M

S

No


Progress

Revised 03/08 SERC

Present Level

Need /Con.


Mod.

Serv. /Place

.

Pr. Adj







S

M

S

No


IEP Adjusted?

Revised 03/08 SERC

Present Level

Need /Con.


Mod.

Serv. /Place

.

Pr. Adj







S

M

S

No


STEP 2- Analyze Relationships

Is there a clear relationship between the identified needs, goals, and services?

Analyze the relationship and alignment between the identified needs, goals, and services and how they result in progress for annual review in a three-year cycle Revised 03/08 SERC

p. 4

STEP 2- Analyze Relationships

Consider each IEP separately

Determine alignment among the components

Draw circles and arrows to designate alignment

Revised 03/08 SERC

Revised 03/08 SERC

Present Level

Need /Con.


Mod.

Serv. /Place

.

Pr. Adj







S

M

S

No


STEP 3- Compare to Prior Year

Are subsequent goals & services/placement consistent with progress made?

Compare progress to determine if subsequent changes to goals and services were made based on the results of progress

year 1 to year 2 year 2 to year 3

Revised 03/08 SERC

p. 5

STEP 3- Compare to Prior Year

Compare for increase or decrease of complexity and progress for each component

▪ Note changes with:

0 = No change

+ = Increased complexity of goals/objectives,

time with non-disabled peers, or progress

- = Decreased complexity of goals/objectives,

time with non-disabled peers, or lack of progress

Revised 03/08 SERC

Revised 03/08 SERC

Present Level

Need /Con.


Mod.

Serv. /Place

.

Pr. Adj







S

M

S

No


+

+

+

0

0

0 0

0-

Last YearMastered 20 functional words related to English Language Arts

Revised 03/08 SERC

Present Level

Need /Con.


Mod.

Serv. /Place

.

Pr. Adj







S

M

S

No


+

+

+

0

0

0 0

0-

Reading and oral language is significantly below grade level

Revised 03/08 SERC

Present Level

Need /Con.


Mod.

Serv. /Place

.

Pr. Adj







S

M

S

No


+

+

+

0

0

0 0

0?

When in the library, will explore multiple reading formats

Given 40 functional pictures, match corresponding functional word

When in small groups, select functional words related to task

Revised 03/08 SERC

Present Level

Need /Con.


Mod.

Serv. /Place

.

Pr. Adj







S

M

S

No


+

+

+

0

0

0 0

0-

Learning center 3.75 hrs/month

Revised 03/08 SERC

Present Level

Need /Con.


Mod.

Serv. /Place

.

Pr. Adj







S

M

S

No


+

+

+

0

0

0 0

0-

S

S

S

Revised 03/08 SERC

Present Level

Need /Con.


Mod.

Serv. /Place

.

Pr. Adj







S

M

S

No


+

+

+

0

0

0 0

0-

Revised 03/08 SERC

Present Level

Need /Con.


Mod.

Serv. /Place

.

Pr. Adj







S

M

S

No


+

+

+

0

0

0 0

0-o No change from prior year

+ Increased complexity, progress, or time with non-disabled peers

- Decreased complexity, progress or time with non-disabled peers

STEP 4- Discuss Overall Educational Benefit

Are there any patterns to the program planned for the student?

Was the student's program reasonably planned to result in educational benefit?

Determine if there are any patterns

Decide if the IEP was reasonably planned to result in educational benefit

Revised 03/08 SERC

p. 6

Summary of Educational Benefit Review Process

Revised 03/08 SERC

p. 7What were the patterns to the program planned for the student?

Practices to Keep Practices to Change Next Steps

Questions: Circle OneWas the necessary relevant information included in the student's IEP? Y N

Was there a clear relationship between the identified needs, goals, and services? Y N

Were subsequent goals and services/placement consistent with progress made? Y N

Was the student's program reasonably planned to result in educational benefit? Y N

Summary of Educational Benefit Review Process(Youtsey, 2006)

Revised 03/08 SERC

Present Level

Need /Con.


Mod.

Serv. /Place

.

Pr. Adj

Academic/Cognitive Language Arts:

mastered 25 functional site words related to Language Arts

WIAT :Reading 48Lang 64

Prefers books on tape and low level, high interest books

Reading and oral language is significantly below grade level

When in the library, (bookstore) identify 3 books of interest

Given 50 functional pictures, match corresponding functional word

When in small groups, select functional words related to task

learningcenter 3.75 hrs/month

Community 2 hrs/wk

Regular class 90 minute dailyEnglishMathHistory

M

S

S

No


the educational benefit review process

Documents

meaning of educational

general education

team process

california content standards

chart size

general overview

general representation

iep online training