Assessing the Educational Benefit for Students with IEPs A Sharing of a New Professional Opportunity 25 Industrial Park Road, Middletown, CT · (860) Connecticut State Department of Education · Division of Educational Programs and Services October 27, 2005

10/27/05 SERC 2 Turn to Your Neighbor Determine a percentage (100%, 20%, etc.) How often does this occur for students in special education…? Students actually achieve the expected outcomes We truthfully change our practice to increase success for individual students The IEP is developed in the manner intended by IDEA (following the regulations exactly) People reflect upon the quality of the IEP developed

10/27/05 SERC 3 What Did You Decide? Students actually achieve the expected outcomes We truthfully change our practice to increase success for individual students The IEP is developed in the manner intended by IDEA (following the regulations exactly) People reflect upon the quality of the IEP developed

10/27/05 SERC 4 What is “Educational Benefit”? Determine with a Neighbor What does this term mean to you?

10/27/05 SERC 5 What is Educational Benefit? Instruction that is reasonably calculated to enable the child to achieve passing marks and advance from grade to grade Judge Rehnquist BOE v. Rowley decision, June 28,1982

10/27/05 SERC 6 Educational Benefit Educational Benefit can be measured by… Passing marks Advancement from grade to grade Progress toward goals and objectives Improved scores on district/statewide assessments/ alternate assessment Passing the high school exit exam

10/27/05 SERC 7 Board of Education of the Hendrick Hudson Central School District, Westchester County, et al. v. Rowley Provision of a sign ‑ language interpreter for an 8 year old child who was deaf Supreme Court decision June 28, 1982 "Free Appropriate Public Education" is satisfied when personalized instruction with sufficient support services permit the child to benefit from instruction

10/27/05 SERC 8 Board of Education v. Rowley Congress expressly ‘recognize(d) …the process of providing special education and related services…is not guaranteed to produce any particular outcome.” BOE v. Rowley decision, June 28, 1982

10/27/05 SERC 9 IDEA ‘04 The IEP must include… “a statement of the special education and related services and supplementary aids and services,…to be provided to the child,… to advance appropriately toward attaining the annual goals; to be involved in and make progress in the general education curriculum … and to participate in extracurricular and other nonacademic activities…” Section 614 (d)(1)(A)(i)(IV)

10/27/05 SERC 10 Focused Monitoring “The primary focus of Federal and State monitoring activities… improving educational results and functional outcomes for all children with disabilities” Section 616 (a)(2)

10/27/05 SERC 11 Why Procedural Compliance is Not Enough? “You can be in compliance with all 755 required items and not be achieving results for students with disabilities.” Alan Coulter

10/27/05 SERC 12 Current Underlying Concept Compliance Consists of Two Interrelated Elements: Educational Procedures + Educational Benefit (Results) BOE v. Rowley, decision, June 28,

10/27/05 SERC 13 How is Educational Benefit Obtained? “instruction… should be reasonably calculated to enable the child to achieve passing marks and advance from grade to grade” Judge Rehnquist BOE v. Rowley decision, June 28,1982

10/27/05 SERC 14 How Do You Reasonably Calculate for Education Benefit? Determine with a neighbor In what ways would you “reasonably calculate” a plan (IEP) in order to increase the likelihood of a student obtaining an educational benefit from instruction?

10/27/05 SERC 15 Reasonable Calculation Is based on procedural requirements of IDEA The IEP team identified needs related to: The child’s disability Involvement and progress in the general curriculum Goals and objectives/benchmarks were established in each need area CALIFORNIA DEPARTMENT OF EDUCATION

10/27/05 SERC 16 Reasonable Calculation Services were planned to support: Progress toward all goals Progress in the general curriculum Participation in extracurricular and other nonacademic activities Education with other disabled and non- disabled children CALIFORNIA DEPARTMENT OF EDUCATION

Assessing for Educational Benefit A Process for Districts to Examine IEPs

10/27/05 SERC 18 How Do You Currently Analyze IEPs for Educational Benefit? Determine with a neighbor Do you currently review and reflect on IEPs for the quality of the plan? How? What could be done differently to review and reflect on IEPs for their quality (beyond compliance)?

10/27/05 SERC 19 Educational Benefit Analysis Reviewing IEP documentation for a 3-year cycle Analyzing the relationship among needs, goals, and services Comparing progress across annuals Looking for patterns in the planning process Discussing if the IEP was reasonably planned to result in educational benefit Reviewing the child’s progress

10/27/05 SERC 20 Steps for the Process STEP 1 Chart information about needs, present performance, goals and objectives, placement/services and progress. STEP 2 Analyze information to determine if needs, goals and services are complete and result in progress. STEP 3 Compare first year analysis to second year analysis and second year to third year – determine if modifications to goals and services were made based on progress (or lack of progress). CALIFORNIA DEPARTMENT OF EDUCATION

10/27/05 SERC 21 CALIFORNIA DEPARTMENT OF EDUCATION

10/27/05 SERC 22 Is the assessment complete and does it identify the student’s needs Does the present performance include the needs identified in the assessment? CALIFORNIA DEPARTMENT OF EDUCATION

10/27/05 SERC 23 Are all of the student’s educational needs addressed by appropriate goals and objectives? CALIFORNIA DEPARTMENT OF EDUCATION

10/27/05 SERC 24 Do the services support the goals and objectives? CALIFORNIA DEPARTMENT OF EDUCATION

10/27/05 SERC 25 CALIFORNIA DEPARTMENT OF EDUCATION Did the student make yearly progress?

10/27/05 SERC 26 oNo change from prior year +Increased complexity or progress -Decreased complexity or progress CALIFORNIA DEPARTMENT OF EDUCATION Jack O’Connell, State Superintendent of Public Instruction CALIFORNIA DEPARTMENT OF EDUCATION

10/27/05 SERC 27 If the student did not make progress: a)Were the goals and objectives changed in the next IEP to assist the student to make progress? CALIFORNIA DEPARTMENT OF EDUCATION Jack O’Connell, State Superintendent of Public Instruction CALIFORNIA DEPARTMENT OF EDUCATION

10/27/05 SERC 28 If the student did not make progress: b)Were the services changed in the next IEP to assist the student to make progress? CALIFORNIA DEPARTMENT OF EDUCATION

10/27/05 SERC 29 Professional Development Opportunity Examining the Relationship of Quality IEPs to Student Progress: A Reflective Process to Promote Reasonable Calculations for Educational Benefit January 27, 2006 or April 4, 2006 Team members must bring IEPs on a specific student for a three-year period