1. Mississippi Department of Education Office of Special Education
Educational Benefit
Mississippi Department of Education
Office of Special Education

2. Polk v. Central Susquehanna Intermediate Unit 16 (1988)
US Court of Appeals, 3rd Circuit
Education for Handicapped Act’s (EHA)
self-sufficiency for students with disabilities
an education that would provide meaningful benefit and not trivial educational benefit.
853 F.2d 171(3d Cir. 1988)
January 2013
Office of Instructional Enhancement and Internal Operations/Office of Special Education

3. US Court Decision determine FAPE=Educational Benefit
Hendrick Hudson School District v. Rowley (1982)
personalized instruction with sufficient supports to confer educational benefit
the school districts must
Conform to the procedural requirements of the Act and
Ensure that the student’s IEP is reasonably calculated so that the student receives educational benefit
mere advancement from grade to grade does not determine educational benefit
Rowley, 458 U.S. 176 (1982)
January 2013
Office of Instructional Enhancement and Internal Operations/Office of Special Education

4. Free Appropriate Public Education (FAPE)
IDEA 2004 defines Free Appropriate Public Education (FAPE) as:
have been provided at public expense, under public supervision and direction, and without charge;
meet the standards of the State educational agency;
include an appropriate preschool, elementary school, or secondary school education in the State involved; and
are provided in conformity with the individualized education program required under section 1414(d) of this title.
20 U.S.C. § 1401(9) (2010).
January 2013
Office of Instructional Enhancement and Internal Operations/Office of Special Education

5. What is a “FAPE”?
A “free, appropriate public education” is  Special education (i.e., specially designed instruction to meet the unique needs of the child); and related services (supportive services designed to enable the child to benefits from instruction – such as transportation and specialized therapies) that allow the child to make reasonable educational progress. 
January 2013
Office of Instructional Enhancement and Internal Operations/Office of Special Education

6. “Educational progress” is not just academic learning, but includes –
Socialization
Adaptive/functional skills
Language and communication
Reduction of behavioral problems
January 2013
Office of Instructional Enhancement and Internal Operations/Office of Special Education

7. M.C. v. Central Regional School District
US Appeals Court, 3rd Circuit
Determined in order to confer meaningful educational benefit, an IEP must be designed to offer the child opportunity to make progress in all relevant domains under IDEA, including social and emotional domains
81 F.3d 389, (3rd Cir.1996)
January 2013
Office of Instructional Enhancement and Internal Operations/Office of Special Education

8. Doe v. Board of Education of Tullahoma Schools (1993)
US Court of Appeals, 6th Circuit
Determined that a proposed IEP is not required to maximize services, but it should to reasonably calculated to provide educational benefit
9 F.3d 455, 457
January 2013
Office of Instructional Enhancement and Internal Operations/Office of Special Education

9. T.R. ex rel. N.R. v. Kingwood Township Board of Education (2000)
US Appeals Court, 3rd Circuit
Determined that minimal amount of benefit does not equate to meaningful benefit and that educational benefit in an IEP must gauge the student’s potential
205 F.3d 572 (3rd Cir. 2000)
January 2013
Office of Instructional Enhancement and Internal Operations/Office of Special Education

10. Educational Benefit   Reflects on the quality of IEP development to increase student access, participation,   and progress in the general education curriculum 
The intent of a “Free Appropriate Public Education” (FAPE) for students with disabilities is: to design individualized instruction with sufficient supports and services to enable the student to receive educational benefit. 
January 2013
Office of Instructional Enhancement and Internal Operations/Office of Special Education

11. What is educational benefit?
Determining if there is a clear relationship between: the identified needs/current levels of performance, annual goals/short term objectives, accommodations/modifications & services/placement 
(DOES IT ALL CONNECT?)
Have changes to annual goals, services/placement been made based on the results of the student’s progress?
(HAS THE IEP BEEN WRITTEN/MODIFIED TO MEET THE STUDENT’S CURRENT NEEDS?)  
January 2013
Office of Instructional Enhancement and Internal Operations/Office of Special Education

12. What is educational benefit?
Information on the student’s IEP: strengths, needs, annual goals, accommodations & modifications, services/placement & progress compared – looking for patterns over the past 3 years
(DOES THE IEP GIVE A CLEAR PICTURE OF THE STUDENT’S PROGRESS THROUGH THE YEARS?)
January 2013
Office of Instructional Enhancement and Internal Operations/Office of Special Education

13. Purpose of Educational Benefit Review Process
The Purpose of the Educational Benefit Review Process is:
to determine whether the design of the IEP was *reasonably calculated” for the student to receive educational benefit.
  *Reasonable Calculation evaluates whether or not the IEP reflects on the student’s present levels of performance, goals, supports & maximum access, participation & progress in the general education curriculum . 
January 2013
Office of Instructional Enhancement and Internal Operations/Office of Special Education

14. Purpose of Educational Benefit Review Process
Present Levels of Performance  
Needs & Concerns  
Goals & Objectives  
Accommodations & Modifications  
Services & Placement  
Transition  
Progress Toward Goals 
January 2013
Office of Instructional Enhancement and Internal Operations/Office of Special Education

15. Guided Questions to Help Determine Educational Benefit?
What did assessments and present levels identify as areas of need?
What did the IEP team decide was all appropriate in relation to each need?
English Learner?
Disproportionality?
Goals?
Services?
Accommodations/Modifications?
Special factors (AT, Behavior Support, Low Incidence needs)?
Other?
January 2013
Office of Instructional Enhancement and Internal Operations/Office of Special Education

16. Guided Questions to Help Determine Educational Benefit?
Was the IEP implemented appropriately? (were all supports as services provided as written and with fidelity)?
Did the child make adequate progress? Did they receive educational benefit from the plan?
If not, what adjustments need to be made to the IEP contents to respond to lack of educational benefit? Additional assessment? Adjusted goals? Different services or level of services? Change in location where services are being delivered?
January 2013
Office of Instructional Enhancement and Internal Operations/Office of Special Education

17. Office of Special Education
Contact Information
Tonya Green
MS Dept. of Education
Office of Special Education
P. O. Box 771
359 N. West Street
Jackson, MS
(601)
January 2013
Office of Instructional Enhancement and Internal Operations/Office of Special Education