Educational Benefit Review (EBR) October 2010

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

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 random sample  All primary disability categories  Elem / Middle / High School ► Team members  Special Education Teacher  General Education Teacher  Someone knowledgeable about the programs

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 for each student in the sample

Free Appropriate Public Education (FAPE) ► IDEA standard since 1975 ► Appropriate education to conform with the requirements of an Individualized Education Program (IEP) ► At no cost to the parent

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”?

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

Rowley Language ► The District Court and the Court of Appeals thus erred when they held that the Act requires New York to maximize the potential of each handicapped child commensurate with the opportunity provided non-handicapped children. Desirable though that goal might be, it is not the standard that Congress imposed upon States which receive funding under the Act. Rather, Congress sought primarily to identify and evaluate handicapped children, and to provide them with access to a free public education.

How does Rowley align with the standards movement, IDEA 2004 & NCLB ► Rowley set a threshold that districts need only provide a "basic floor of opportunity" for students with disabilities. IDEA '04 furthers the Rowley standard because it:  Adds emphasis on functional and developmental performance.  Requires that programs be based on peer- reviewed research.  Requires more comprehensive transition plans.  Requires highly qualified staff.

How does Rowley align with the standards movement, IDEA 2004 & NCLB ► Under NCLB, state content standards must:  Specify what children are expected to know and do.  Contain rigorous content.  Encourage the teaching of advanced skills.

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

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

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

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 reasonable calculated to result in educational benefit

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?

Instructions: School districts participating in LRE Focused Monitoring are required to use this worksheet to address the Educational Benefit Review (EBR) in FSA #3. The school district is to form a team, and complete one worksheet for each student on the EBR/FSA #3 list provided to the district by the BSE. The school district 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 ___________________________School District ___________________________ Student’s ID Number ________________________ EDUCATIONAL BENEFIT REVIEW WORKSHEET Instructions: School districts participating in LRE Focused Monitoring are required to use this worksheet to address the Educational Benefit Review (EBR) in FSA #3. The school district is to form a team, and complete one worksheet for each student on the EBR/FSA #3 list provided to the district by the BSE. The school district 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 ___________________________School District ___________________________ Student’s ID Number ________________________ Present Levels of Performance Needs/Concerns Annual Goals/Accommodations & Modifications Services/PlacementProgress Was IEP Adjusted?

Step Two – Analyze Relationships ► Consider each IEP (years) separately ► Determine alignment – the district relationship between two or more components (column to column) ► Look for patterns of progress across years ► Broken chains may indicate gaps

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?

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?

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 school district has determined that the student has received educational benefit?

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  District policies/practices needing revision or improvement

Edward G. RendellThomas E. Gluck GovernorActing Secretary of Education