the educational benefit review process

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

Revised 11/07

Outcomes

Describe what constitutes “educational benefit” for a student with a disability; and

Determine if the design of a student’s IEP was reasonably calculated to increase the likelihood of educational benefit.

Revised 03/08 SERC 2

Essential Question for Learning

What assurances does a school system maintain in the provision of FAPE for a student with an IEP?

Revised 11/07 SERC 3

What is “Educational Benefit”?

Dialogue with your team

What does this term mean to you?

Revised 11/07 SERC 4

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”

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)

Revised 11/07 SERC 6

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.

Revised 11/07 SERC 7

(Drouin, 2004)

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; andPassing the high school exit exam. Revised 11/07 SERC 8

Rowley

Transition and Educational Benefit

Requirements IDEA 90’

Access IDEA 97’

Participation IDEA 04’

Revised 11/07 SERC 9

IDEA 04’Transition … results-oriented process

academic and functional achievement

facilitate movement from school to post-

school activities

postsecondary education, training,

employment and independent living…

Revised 11/07 SERC 10

Recent Transition Cases

Agency Contacts

Student Involvement

Individualization of Transition IEPs

District Obligations

Appropriateness of Transition Planning/Services

Revised 11/07 SERC 11

Educational Benefit Review Process

The Steps and Protocol

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.

Revised 11/07 SERC 13

(Drouin, 2004)

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)Revised 11/07 SERC 14

What were the patterns to the program planned for the student?

Practices to Keep Practices to Change Next Steps

Questions: Circle OneWas the necessary relevant information included in the student's IEP? Y N

Was there a clear relationship between the identified needs, goals, and services? Y N

Were subsequent goals and services/placement consistent with progress made? Y N

Was the student's program reasonably planned to result in educational benefit? Y N

Summary of Educational Benefit Review Process

Revised 11/07 SERC 15

p. 7

Summary of Educational Benefit Review Process(Youtsey, 2006)

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.

3/4&5); Needs (p. 3/4&5); Goals and objectives (p. 4&8/7&8); Accommodations and modifications (p.

4&8/7&8); Services/placement (p. 7/11); and Progress (p. 7/7).

Revised 11/07 SERC 16

p. 3

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

Revised 11/07 SERC 17

Revised 11/07 SERC 18

Present Level

Need /Con.

Goals & Obj./ Accom. &

Mod.

Serv. /Place

.

Pr. Adj

Academic/Cognitive Language Arts:Can decode on grade levelKTEA 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

 S

M

S

No

California Department of Education

Domain

Revised 11/07 SERC 19

Present Level

Need /Con.

Goals & Obj./ Accom. &

Mod.

Serv. /Place

.

Pr. Adj

Academic/Cognitive Language Arts:Can decode on grade levelKTEA 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

 S

M

S

No

California Department of Education

Strengths

Revised 11/07 SERC 20

Present Level

Need /Con.

Goals & Obj./ Accom. &

Mod.

Serv. /Place

.

Pr. Adj

Academic/Cognitive Language Arts:Can decode on grade levelKTEA 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

 S

M

S

No

California Department of Education

Present Level

Revised 11/07 SERC 21

Present Level

Need /Con.

Goals & Obj./ Accom. &

Mod.

Serv. /Place

.

Pr. Adj

Academic/Cognitive Language Arts:Can decode on grade levelKTEA 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

 S

M

S

No

California Department of Education

Concerns

Revised 11/07 SERC 22

Present Level

Need /Con.

Goals & Obj./ Accom. &

Mod.

Serv. /Place

.

Pr. Adj

Academic/Cognitive Language Arts:Can decode on grade levelKTEA 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

 S

M

S

No

California Department of Education

Goals, Objectives,

Accommodations, &

Modifications

Revised 11/07 SERC 23

Present Level

Need /Con.

Goals & Obj./ Accom. &

Mod.

Serv. /Place

.

Pr. Adj

Academic/Cognitive Language Arts:Can decode on grade levelKTEA 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

 S

M

S

No

California Department of Education

Service & Placemen

t

Revised 11/07 SERC 24

Present Level

Need /Con.

Goals & Obj./ Accom. &

Mod.

Serv. /Place

.

Pr. Adj

Academic/Cognitive Language Arts:Can decode on grade levelKTEA 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

 S

M

S

No

California Department of Education

Progress

Revised 11/07 SERC 25

Present Level

Need /Con.

Goals & Obj./ Accom. &

Mod.

Serv. /Place

.

Pr. Adj

Academic/Cognitive Language Arts:Can decode on grade levelKTEA 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

 S

M

S

No

California Department of Education

IEP Adjusted?

Revised 11/07 SERC 26

Present Level

Need /Con.

Goals & Obj./ Accom. &

Mod.

Serv. /Place

.

Pr. Adj

Academic/Cognitive Language Arts:Can decode on grade levelKTEA 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

 S

M

S

No

California Department of Education

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

Revised 11/07 SERC 27

p. 4

STEP 2- Analyze RelationshipsConsider each IEP separately

Determine alignment among the components

Draw circles and arrows to designate alignment

Revised 11/07 SERC 28

Revised 11/07 SERC 29

Present Level

Need /Con.

Goals & Obj./ Accom. &

Mod.

Serv. /Place

.

Pr. Adj

Academic/Cognitive Language Arts:Can decode on grade levelKTEA 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

 S

M

S

No

California Department of Education

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

Revised 11/07 SERC 30

p. 5

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

Revised 11/07 SERC 31

Revised 11/07 SERC 32

Present Level

Need /Con.

Goals & Obj./ Accom. &

Mod.

Serv. /Place

.

Pr. Adj

Academic/Cognitive Language Arts:Can decode on grade levelKTEA 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

 S

M

S

No

California Department of Education

+

+

+

0

0

0 0

0-

Last YearCan decode on grade levelKTEA Read 2.6 G.E.Oral Reading Inventory 2.0 G.E

Revised 11/07 SERC 33

Present Level

Need /Con.

Goals & Obj./ Accom. &

Mod.

Serv. /Place

.

Pr. Adj

Academic/Cognitive Language Arts:Can decode on grade levelKTEA 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

 S

M

S

No

California Department of Education

+

+

+

0

0

0 0

0-

Comp. is sig. below grade level

Revised 11/07 SERC 34

Present Level

Need /Con.

Goals & Obj./ Accom. &

Mod.

Serv. /Place

.

Pr. Adj

Academic/Cognitive Language Arts:Can decode on grade levelKTEA 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

 S

M

S

No

California Department of Education

+

+

+

0

0

0 0

0?

Improve comp of read material from 2.9 to 4.0

Given passage state 2 details

Given passage answer correctly 6/6 W questions

Revised 11/07 SERC 35

Present Level

Need /Con.

Goals & Obj./ Accom. &

Mod.

Serv. /Place

.

Pr. Adj

Academic/Cognitive Language Arts:Can decode on grade levelKTEA 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

 S

M

S

No

California Department of Education

+

+

+

0

0

0 0

0-

Learning center 3.75 hrs/wk

Revised 11/07 SERC 36

Present Level

Need /Con.

Goals & Obj./ Accom. &

Mod.

Serv. /Place

.

Pr. Adj

Academic/Cognitive Language Arts:Can decode on grade levelKTEA 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

 S

M

S

No

California Department of Education

+

+

+

0

0

0 0

0-

S

S

S

Revised 11/07 SERC 37

Present Level

Need /Con.

Goals & Obj./ Accom. &

Mod.

Serv. /Place

.

Pr. Adj

Academic/Cognitive Language Arts:Can decode on grade levelKTEA 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

 S

M

S

No

California Department of Education

+

+

+

0

0

0 0

0-

Revised 11/07 SERC 38

Present Level

Need /Con.

Goals & Obj./ Accom. &

Mod.

Serv. /Place

.

Pr. Adj

Academic/Cognitive Language Arts:Can decode on grade levelKTEA 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

 S

M

S

No

California Department of Education

+

+

+

0

0

0 0

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

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

Revised 11/07 SERC 39

p. 6

Summary of Educational Benefit Review Process

Revised 11/07 SERC 40

p. 7What were the patterns to the program planned for the student?

Practices to Keep Practices to Change Next Steps

Questions: Circle OneWas the necessary relevant information included in the student's IEP? Y N

Was there a clear relationship between the identified needs, goals, and services? Y N

Were subsequent goals and services/placement consistent with progress made? Y N

Was the student's program reasonably planned to result in educational benefit? Y N

Summary of Educational Benefit Review Process(Youtsey, 2006)