Educational Benefit Review (EBR) October 2011

Educational Benefit Review (EBR) Purpose Determine if the student’s IEP is reasonably calculated for the student to achieve educational benefit Sample parameters 10 records over 3 years Stratified sample All primary disability categories Elem / Middle / High School Team members Special Education Teacher General Education Teacher Someone knowledgeable about the programs

Training Goals To define “Educational Benefit” To learn a process for reviewing your district’s IEPs

Rowley (Supreme Court 1982) Define a two-pronged test to determine if IEP was appropriately developed: Does IEP meet procedural compliance? Was IEP reasonably calculated to enable child to receive educational benefit? But, what is “educational benefit”?

Ed Benefit Post-IDEA 2004 IEP identifies present levels, needs related to disability and impact on involvement/progress in general curriculum Measurable annual goals Services planned to support progress toward goals and in general curriculum Education in LRE, participation in extracurricular & other nonacademic activities Transition needs are addressed (14-21) IEP adjusted if progress not made

Conducting the EBR Review student record for three years Chart IEP information Analyze relationships among components Compare progress and look for patterns Determine if the IEP was reasonably calculated to result in educational benefit Complete the 10 questions in FSA 23 for each student in the sample BSE Chairperson will review LEA’s EBR documentation

Ed Benefit Review Process Record IEP information for 3-years Analyze relationships among components Compare progress across consecutive IEPs Look for patterns and determine if IEP was reasonably calculated to result in educational benefit

EDUCATIONAL BENEFIT REVIEW WORKSHEET Instructions: LEAs participating in cyclical monitoring are required to use this worksheet to address the Educational Benefit Review (EBR) in FSA #23. The LEA is to form a team, and complete one worksheet for each student on the EBR/FSA #23 list provided to the LEA by the BSE. The LEA is to have the completed worksheet for each student, as well as each student’s educational record, available for review by the BSE team chairperson during the onsite review. The overall purpose of the EBR process is to determine whether the IEP was reasonably calculated to provide for educational benefit. Specific instructions about how to complete the EBR were provided by the BSE during the monitoring training. Name of Student ___________________________LEA ___________________________ Student’s ID Number ________________________ Present Levels of Performance Needs/ConcernsAnnual Goals/Accommodations & Modifications Services/PlacementProgressWas IEP Adjusted? Data – Yes Observations – No Impressions - No Aligned with DataMeasureable for each need. LREData – Yes Observations – No Impressions - No

Step Two: Analyze Relationships Consider each IEP (years) separately Determine alignment – the LEA relationship between two or more components (column to column) Look for patterns of progress across years Broken chains may indicate gaps

Step Three: Compare to Prior Years What about items that are on one year but not other years? What if an item disappears from one year to the next? Why did it disappear? Was the goal achieved?

EBR: Decision Are the assessments complete and do they identify all of the student's needs, including postsecondary outcomes and/or career assessment/functional vocational evaluation for secondary students? Does the IEP, through the Present Level of Academic Achievement and Functional Performance (PLAAFP) statement or other IEP information, identify all of the student's significant needs? Are all of the student's needs addressed by goals and objectives, transition services, and/or supplementary aids and services, including, for secondary students, postsecondary outcomes, preferences, and interests? In Year 3, are there programs and services to support all of the student's goals and objectives? Do the transition services provided for the student over the three-year period of review represent a coordinated set of activities related to the student's vision for adult life?

EBR: Decision In reviewing the comparison of the PLAAFP from Year 1 to Year 2 and from Year 2 to Year 3, if the student did not make progress, were the goals and objectives, transition activities, or programs and services in Year 3 changed in the IEP to facilitate the student's future progress? In reviewing the comparison of the PLAAFP from Year 1 to Year 2 and from Year 2 to Year 3, if the student did make progress, were the goals and objectives, transition activities, or programs and services in Year 3 changed in the IEP to facilitate the student's future progress, including participation in general education? Were sufficient services provided to ensure that the student would make progress? Is this student provided with supplementary aids and services to support participation in extracurricular and non-academic activities if determined to be needed by the IEP team? Based upon the review of Worksheets Year 1, 2 and 3 and questions # 1-9 above, the LEA has determined that the student has received educational benefit?

Measuring Educational Benefit Can be measured in a variety of ways Achieving passing marks Advancing from grade to grade Making progress toward meeting annual goals Improving scores on statewide/district wide assessments & alternate assessment measures Graduating with a regular diploma