1. 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 9/06

2. 5/06 SERC 2 Today’s Session Describe what constitutes “educational benefit” for a student with a disability; Determine if the design of a student’s IEP was reasonably calculated to increase the likelihood of educational benefit; and Ascertain how the Educational Benefit Review Process can be utilized within a district or school. p. 2

3. 5/06 SERC 3 Essential Questions for Learning What is the purpose of the Educational Benefit Review Process? What assurances does a school system maintain in the provision of FAPE for a student with an IEP?

4. 5/06 SERC 4 What is “Educational Benefit”? Dialogue with your team What does this term mean to you?

5. 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” p. 3

6. 5/06 SERC 6 Rowley Facts Amy was a kindergarten student with a hearing impairment Minimal residual hearing; excellent lip reader IEP: in general education classroom Board did not provide Amy a sign-language interpreter for ALL of her academic classes Supreme Court decided to hear case

7. 5/06 SERC 7 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)

8. 5/06 SERC 8 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. (Drouin, 2004)

9. 5/06 SERC 9 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. Rowley

10. 5/06 SERC 10 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.” (Coulter, 2004)

11. 5/06 SERC 11 Focused Monitoring “The primary focus of Federal and State monitoring activities… improving educational results and functional outcomes for all children with disabilities” IDEA 04 § 616 (a)(2)

12. 5/06 SERC 12 Holding Educational benefit was achieved Amy earned passing marks and advanced academically without a sign-language interpreter Children are entitled to an appropriate education (sufficient supports and services to participate and process in general education)

13. 5/06 SERC 13 Holding Therefore, an appropriate education is one that conforms to IDEA’s process that if followed will produce acceptable results via the IEP Supreme Court acknowledged that Congress intended to ensure public education to all children with disabilities without regard to the level of achievement they may attain

14. Educational Benefit Review Process The Steps and Protocol p. 4

15. 5/06 SERC 15 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. (Drouin, 2004)

16. 5/06 SERC 16 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)

17. 5/06 SERC 17 STEP 1- Record Information What information is included in the IEP? Jigsaw the documentation of each IEP Look for… Strengths (under the Present Level) (p. 4&5); Needs (p. 4&5); Goals and objectives (p. 7&8); Accommodations and modifications (p. 7&8); Services/placement (p. 11); and Progress (p. 7&8). p. 5

18. 5/06 SERC 18 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 Color Coding Green - what is written in IEP Red - supporting documents (e.g., educational evaluations, report card grades, etc.)

19. Present Level Need /Con. Goals & Obj./ Accom. & Mod. Serv. /Place. Pr.Adj Academic/ Cognitive Language Arts: Can decode on grade level KTEA Read 3.4 G.E. Oral Reading Inventory 3.2 G.E California Department of Education Domain

20. Present Level Need /Con. Goals & Obj./ Accom. & Mod. Serv. /Place. Pr.Adj Academic/ Cognitive Language Arts: Can decode on grade level KTEA Read 3.4 G.E. Oral Reading Inventory 3.2 G.E 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 SMS SMS No California Department of Education Strengths

21. Present Level Need /Con. Goals & Obj./ Accom. & Mod. Serv. /Place. Pr.Adj Academic/ Cognitive Language Arts: Can decode on grade level KTEA Read 3.4 G.E. Oral Reading Inventory 3.2 G.E 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 SMS SMS No California Department of Education Present Level

22. Need /Con. Goals & Obj./ Accom. & Mod. Serv. /Place. Pr.Adj Academic/ Cognitive Language Arts: Can decode on grade level KTEA Read 3.4 G.E. Oral Reading Inventory 3.2 G.E 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 SMS SMS No California Department of Education Concerns

23. Present Level Need /Con. Goals & Obj./ Accom. & Mod. Serv. /Place. Pr.Adj Academic/ Cognitive Language Arts: Can decode on grade level KTEA Read 3.4 G.E. Oral Reading Inventory 3.2 G.E 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 SMS SMS No California Department of Education Goals, Objectives, Accommodations, & Modifications

24. Present Level Need /Con. Goals & Obj./ Accom. & Mod. Serv. /Place. Pr.Adj Academic/ Cognitive Language Arts: Can decode on grade level KTEA Read 3.4 G.E. Oral Reading Inventory 3.2 G.E 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 SMS SMS No California Department of Education Service & Placement

25. Present Level Need /Con. Goals & Obj./ Accom. & Mod. Serv. /Place. Pr.Adj Academic/ Cognitive Language Arts: Can decode on grade level KTEA Read 3.4 G.E. Oral Reading Inventory 3.2 G.E 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 SMS SMS No California Department of Education Progress

26. Present Level Need /Con. Goals & Obj./ Accom. & Mod. Serv. /Place. Pr.Adj Academic/ Cognitive Language Arts: Can decode on grade level KTEA Read 3.4 G.E. Oral Reading Inventory 3.2 G.E 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 SMS SMS No California Department of Education IEP Adjusted?

27. Present Level Need /Con. Goals & Obj./ Accom. & Mod. Serv. /Place. Pr.Adj Academic/ Cognitive Language Arts: Can decode on grade level KTEA Read 3.4 G.E. Oral Reading Inventory 3.2 G.E 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 SMS SMS No California Department of Education

28. 5/06 SERC 28 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 p. 6

29. 5/06 SERC 29 STEP 2- Analyze Relationships Consider each IEP separately Determine alignment among the components Draw circles and arrows to designate alignment

30. Present Level Need /Con. Goals & Obj./ Accom. & Mod. Serv. /Place. Pr.Adj Academic/ Cognitive Language Arts: Can decode on grade level KTEA Read 3.4 G.E. Oral Reading Inventory 3.2 G.E 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 SMS SMS No California Department of Education

31. 5/06 SERC 31 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 From year 1 to year 2 year 2 to year 3 p. 7

32. 5/06 SERC 32 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

33. Present Level Need /Con. Goals & Obj./ Accom. & Mod. Serv. /Place. Pr.Adj Academic/ Cognitive Language Arts: Can decode on grade level KTEA Read 3.4 G.E. Oral Reading Inventory 3.2 G.E 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 SMS SMS No California Department of Education + Can decode on grade level KTEA Read 2.6 G.E. Oral Reading Inventory 2.0 G.E

34. Present Level Need /Con. Goals & Obj./ Accom. & Mod. Serv. /Place. Pr.Adj Academic/ Cognitive Language Arts: Can decode on grade level KTEA Read 3.4 G.E. Oral Reading Inventory 3.2 G.E 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 SMS SMS No California Department of Education + 0 Comp. is sig. below grade level

35. Present Level Need /Con. Goals & Obj./ Accom. & Mod. Serv. /Place. Pr.Adj Academic/ Cognitive Language Arts: Can decode on grade level KTEA Read 3.4 G.E. Oral Reading Inventory 3.2 G.E 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 SMS SMS No California Department of Education + + 0 Improve comp of read material from 2.9 to 4.0

36. Present Level Need /Con. Goals & Obj./ Accom. & Mod. Serv. /Place. Pr.Adj Academic/ Cognitive Language Arts: Can decode on grade level KTEA Read 3.4 G.E. Oral Reading Inventory 3.2 G.E 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 SMS SMS No California Department of Education + + 0 0 Given passage state 2 details

37. Present Level Need /Con. Goals & Obj./ Accom. & Mod. Serv. /Place. Pr.Adj Academic/ Cognitive Language Arts: Can decode on grade level KTEA Read 3.4 G.E. Oral Reading Inventory 3.2 G.E 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 SMS SMS No California Department of Education + + 0 0 - Given passage answer correctly 6/6 W questions

38. Present Level Need /Con. Goals & Obj./ Accom. & Mod. Serv. /Place. Pr.Adj Academic/ Cognitive Language Arts: Can decode on grade level KTEA Read 3.4 G.E. Oral Reading Inventory 3.2 G.E 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 SMS SMS No California Department of Education 0 + + + 0 0 0 0 - Learning center 3.75 hrs/wk

39. Present Level Need /Con. Goals & Obj./ Accom. & Mod. Serv. /Place. Pr.Adj Academic/ Cognitive Language Arts: Can decode on grade level KTEA Read 3.4 G.E. Oral Reading Inventory 3.2 G.E Comp. is sig. below grade level 0 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 0 SMS SMS No California Department of Education + 0 0 + + 0 0 0 - SSS

40. Present Level Need /Con. Goals & Obj./ Accom. & Mod. Serv. /Place. Pr.Adj Academic/ Cognitive Language Arts: Can decode on grade level KTEA Read 3.4 G.E. Oral Reading Inventory 3.2 G.E 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 SMS SMS No California Department of Education + + + 0 0 00 0 -

41. Present Level Need /Con. Goals & Obj./ Accom. & Mod. Serv. /Place. Pr.Adj Academic/ Cognitive Language Arts: Can decode on grade level KTEA Read 3.4 G.E. Oral Reading Inventory 3.2 G.E 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 SMS SMS No California Department of Education + + + 0 0 00 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

42. 5/06 SERC 42 Summary of Educational Benefit Review Process Strengths Needs for Improvement p. 15

43. 5/06 SERC 43 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 p. 8

44. Summary of Educational Benefit Review Process Questions/Notes: Circle One Was the necessary relevant information included in the student's IEP? YN Was there a clear relationship between the identified needs, goals, and services? YN Were subsequent goals and services/placement consistent with progress made? YN What were the patterns to the program planned for the student? Practices to KeepPractices to Change Was the student's program reasonably planned to result in educational benefit? YN (Youtsey, 2006) p. 16 Use data to determine needs Be more specific w/ needs

45. The Next Step Planning How to Use Educational Benefit Review Process

46. 5/06 SERC 46 Planning for the Future How do you see this process happening on a regular schedule? How will you build “buy-in” within your school or district? How will the information gained from the process be used to improve in IEP development?

47. 5/06 SERC 47 Planning for Sustainability How will this process and the information gained from the process be part of the school improvement planning process (Data Teams, AYP, curriculum development, PD)?

48. 5/06 SERC 48 Planning for the Participation of Families and Students In what ways can information on the process be provided to families and students? How will families and student participate in the process?

49. 5/06 SERC 49 What Can Be Done Now? Brainstorm ideas What can you do within this school year? What do you want to achieve/address with the process? Be prepared to share one idea

50. 5/06 SERC 50 Planning for the Next Step o When will this be done? o Who will coordinate/organize the process? o Who will facilitate/train the process? o Who will participate in the process? o What materials will we need? o When will we meet to review the results of the process? p. 17

51. 5/06 SERC 51 Present Level Need /Con. Goals & Obj./ Accom. & Mod. Serv. /Place. Pr.Adj Academic/ Cognitive Language Arts: Can decode on grade level KTEA Read 3.4 G.E. Oral Reading Inventory 3.2 G.E 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 SMS SMS No California Department of Education + + + 0 0 00 0 -