1. 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

2. 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

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

4. Free Appropriate Public Education (FAPE)
IDEA standard since 1975
Appropriate education to conform with the requirements of an individualized education program
At no cost to the parent

5. 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”?

6. Rowley Standard
Defined educational benefit as “if the student derives more than minimal or trivial progress”
Did not require schools to maximize a student’s potential
Provided access, but did not require identical access

7. Reexamining Rowley
How does Rowley align with the standards movement, IDEA 2004 & NCLB?
Accountability/assessment of all students
Uniform standards
Participation in the general curriculum
Data collection and progress monitoring
Research-based instruction
Inclusion
Transition planning

8. 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

9. 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

10. Educational Benefit Review Process
Focus is on second part of Rowley
Determine whether design of IEP is reasonably calculated for student to receive educational benefit

11. 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

12. Step One: Chart IEP Information
Copy verbatim phrases from IEP
Abbreviations are acceptable, but do not paraphrase or summarize
Capture progress from progress reports, test scores, report card grades and comments
Identify sections (academic, social, physical) or content areas (ELA, Math…) for better organization
Was IEP adjusted?

13. 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/Concerns
Annual Goals/Accommodations & Modifications
Services/Placement
Progress
Was IEP Adjusted?

14. 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

15. 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?

16. 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?
In Year 3, 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?
In Year 3, 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?

17. 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?

18. What did you Find? What issues do you see in this IEP review process?
When you review multiple IEPs, you will begin to see patterns of issues
These patterns may identify:
Professional development need areas
LEA policies/practices needing revision or improvement