Educational Benefit Review (ED Benefit)

Educational Benefit Purpose To determine if the student’s Individualized Education Program (IEP) was reasonably calculated for the student to receive educational benefit over three consecutive years. Overview There are four broad steps in the educational benefit review process Chart the IEP information within each year about the student’s needs, present levels of performance, goals, programming, services, supports and progress Chart the IEP information within each year about the student’s needs, present levels of performance, goals, programming, services, supports and progress Analyze each IEP to determine if information about the student’s needs, present levels of performance, goals, programming, services, supports and progress are complete and interrelated/aligned. Analyze each IEP to determine if information about the student’s needs, present levels of performance, goals, programming, services, supports and progress are complete and interrelated/aligned. Compare the analysis of each year’s IEP in order to determine if decisions made were based on progress or lack of progress Compare the analysis of each year’s IEP in order to determine if decisions made were based on progress or lack of progress Assess educational benefit based on the information gathered, analyzed and compared within and across IEP’s reviewed Assess educational benefit based on the information gathered, analyzed and compared within and across IEP’s reviewed

When is Ed Benefit Review Used? When Used: Review of Educational Environments issues Review of Educational Environments issues General Supervision Monitoring (GSM) General Supervision Monitoring (GSM) Specific areas of need e.g. quality of IEPs, staffing concerns, program availability, scheduling and administrative decision making Specific areas of need e.g. quality of IEPs, staffing concerns, program availability, scheduling and administrative decision making

ED Benefit: Preparation Activities A student sample is pre-selected based on decisions made by the District Team in accordance with sample selection procedures. A team of 4-5 individuals is selected to conduct the review including the following: Facilitator Facilitator S.E. Teacher (not the student’s teacher) S.E. Teacher (not the student’s teacher) G.E. Teacher (not the student’s teacher) G.E. Teacher (not the student’s teacher) Person familiar with programs/services student receives (Bldg. Principal, Dept. Chair) Person familiar with programs/services student receives (Bldg. Principal, Dept. Chair) Other appropriate individuals (S.E. provider, S.E. administrator, Counselor) Other appropriate individuals (S.E. provider, S.E. administrator, Counselor) The teacher who developed the current IEP and the student’s parent should not be included on the team. The facilitator should provide the team with a description of the process and it’s purpose in advance of the meeting along with date, time and location for the meeting. The facilitator gathers the educational information needed to conduct the review on each selected student.

ED Benefit: Preparation Activities Materials needed EBR Chart EBR Chart Colored markers: Black, Red, Green, Blue Colored markers: Black, Red, Green, Blue IEPs: 3 consecutive school years IEPs: 3 consecutive school years MET Report(s) MET Report(s) Progress reports associated to IEPs Progress reports associated to IEPs Student grades Student grades Plan on at least 2 hours for process Plan on at least 2 hours for process

ED Benefit: Charting the Information The facilitator collects information verbally from the team members and charts the information on a large wall chart. The following information is charted: Students needs, including needs related to participation in general education and post secondary outcomes as well as disability specific needs Students needs, including needs related to participation in general education and post secondary outcomes as well as disability specific needs Transition activities Transition activities Goals and objectives Goals and objectives Programs, services, supplementary Programs, services, supplementary aids/services and program modifications Progress Progress The facilitator collects information and charts all of the IEP’s that occurred during the three-year period.

Educational Benefit PLAAFPTransitionGoals/ObjectiveProgram/ServicesProgress Preferences & Interests Curriculum Disability Needs Sup Services/Accom.

ED Benefit: Analyzing the Relationships The facilitator queries the team to examine the relationships between information charted for each IEP. Information that is connected will be circled and a line drawn between the information. Information that is connected will be circled and a line drawn between the information. Unconnected information is noted with a question mark and needs further discussion. Unconnected information is noted with a question mark and needs further discussion. Relationships between the following are analyzed: Needs to transition activities and goals/objectives Needs to transition activities and goals/objectives Transition activities to goals Transition activities to goals Programs, services, supplementary aids/services and program modifications to transition activities and goals/objectives Programs, services, supplementary aids/services and program modifications to transition activities and goals/objectives Supplementary aids/services to needs Supplementary aids/services to needs

ED Benefit: Comparing Relationships The facilitator queries the team to determine the relationships between information across three years. The purpose of the year to year comparison is to establish if the following increased, decreased or stayed the same: Student’s level of performance Student’s level of performance Student’s transition activities Student’s transition activities Student’s goals/objectives Student’s goals/objectives Student’s programs, services, and/or supplementary aids and services Student’s programs, services, and/or supplementary aids and services

ED Benefit: Completing the Individual Student Summary The team completes the summary form which involves transposing information from the wall charts to the form. The team answers a series of questions that address the following: The team answers a series of questions that address the following: Was a need identified in the assessment column? Was a goal or transition activity written in that area of need? Was there a program, service, supplementary aid for that area of need? Was progress reported in that area of need?

ED Benefit: Conclusion Answering the Educational Benefit Review Questions Using the wall charts and Student Summary form, the team answers another series of questions to determine if the student’s IEP’s were reasonably calculated to receive educational benefit. Using the wall charts and Student Summary form, the team answers another series of questions to determine if the student’s IEP’s were reasonably calculated to receive educational benefit.

ED Benefit Questions: #1 1. Are the assessments complete and do they identify all of the student’s needs (including, for secondary students, postsecondary outcomes and/or career assessment/functional vocational evaluation)?

ED Benefit Questions: #2 2. In Year 3, does the individualized education program (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?

ED Benefit Questions: #3 3. In Year 3, are all of the student’s needs, including, for secondary students, postsecondary outcomes, preferences, and interests, addressed by goals and objectives, transition services, and/or supplementary aids and services?

ED Benefit Questions: #4 4. In Year 3, are there programs and services to support all of the student’s goals and objectives?

ED Benefit Questions: #5 5. 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?

ED Benefit Questions: #6 6. 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?

ED Benefit Questions: #7 7. 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?

ED Benefit Questions: #8 8. Were sufficient services provided to ensure that the student would make progress?

ED Benefit Questions: #9 9. Was this student with a disability provided with programs and services only to the extent necessary to address his/her needs?

ED Benefit Questions: # To assess for overall compliance: Considering the answers to each of the questions above, was the IEP reasonably calculated to result in educational benefit?

Case Law Connection Burilovich v. Board of Ed of the Lincoln Consolidated Schools (Reference Notebook A 4C-1) 6 th Circuit (Decided and Filed – April 4, 2000) 6 th Circuit (Decided and Filed – April 4, 2000) Summary judgment held that: Summary judgment held that: Parents were not denied meaningful participation in the decision-making process District staff adequately consulted with knowledgeable professionals IEP adequately took into consideration autistic student’s unique needs and was designed to allow student to attain his maximum potential Court did assess whether the IEP was developed through IDEA’s procedures (“Board of Educ. v. Rowley”) and was reasonably calculated for the child to receive educational benefits See id. at , 102 S.Ct Court did assess whether the IEP was developed through IDEA’s procedures (“Board of Educ. v. Rowley”) and was reasonably calculated for the child to receive educational benefits See id. at , 102 S.Ct Michigan has added to this standard by requiring that an IEP be designed to develop the “maximum potential” of a child. Mich. Comp. Laws. Ann. §§ (a), (a), (17)(a), (1) (West 1997) §§ (a), (a), (17)(a), (1) (West 1997)