Educational Benefit Review (EBR)

January 2010January 2010

Educational Benefit Review Educational Benefit Review (EBR)(EBR)

►Purpose Purpose Determine if the student’s IEP is reasonably calculated for Determine if the student’s IEP is reasonably calculated for

the student to achieve educational benefitthe student to achieve educational benefit

►Sample parameters Sample parameters 10 records over 3 years10 records over 3 years Stratified sample – no S/LStratified sample – no S/L All primary disability categoriesAll primary disability categories Elem / Middle / High SchoolElem / Middle / High School

►Team membersTeam members Special Education TeacherSpecial Education Teacher General Education TeacherGeneral Education Teacher Someone knowledgeable about the programsSomeone knowledgeable about the programs

Conducting the EBRConducting the EBR

► Review student record for three yearsReview student record for three years Chart IEP informationChart IEP information Analyze relationships among componentsAnalyze relationships among components Compare progress and look for patternsCompare progress and look for patterns Determine if the IEP was reasonably calculated to Determine if the IEP was reasonably calculated to

result in educational benefitresult in educational benefit Complete the 10 questions in FSA 3 for each Complete the 10 questions in FSA 3 for each

student in the sample student in the sample BSE Chairperson will review district’s EBR BSE Chairperson will review district’s EBR

documentationdocumentation

Training GoalsTraining Goals

►To define “Educational Benefit”To define “Educational Benefit”

►To learn a process for reviewing your To learn a process for reviewing your district’s IEPsdistrict’s IEPs

Free Appropriate Public Free Appropriate Public Education (FAPE)Education (FAPE)

► IDEA standard since 1975IDEA standard since 1975

►Appropriate education to conform with Appropriate education to conform with the requirements of an individualized the requirements of an individualized education programeducation program

►At no cost to the parentAt no cost to the parent

Rowley (Supreme Court Rowley (Supreme Court 1982)1982)

Define a two-pronged test to determine Define a two-pronged test to determine if IEP was appropriately developed:if IEP was appropriately developed:

► Does IEP meet procedural compliance?Does IEP meet procedural compliance?► Was IEP reasonably calculated to enable child to Was IEP reasonably calculated to enable child to

receive educational benefit?receive educational benefit?

►But, what is “educational benefit”?But, what is “educational benefit”?

Rowley StandardRowley Standard

►Defined educational benefit as “if the Defined educational benefit as “if the student derives more than minimal or student derives more than minimal or trivial progress”trivial progress”

►Did not require schools to maximize a Did not require schools to maximize a student’s potentialstudent’s potential

►Provided access, but did not require Provided access, but did not require identical accessidentical access

Reexamining Rowley in 2007Reexamining Rowley in 2007

►How does Rowley align with the How does Rowley align with the standards movement, IDEA 2004 & standards movement, IDEA 2004 & NCLB?NCLB?

Accountability/assessment of all studentsAccountability/assessment of all students Uniform standardsUniform standards Participation in the general curriculumParticipation in the general curriculum Data collection and progress monitoringData collection and progress monitoring Research-based instructionResearch-based instruction InclusionInclusion Transition planningTransition planning

Ed Benefit Post-IDEA 2004Ed Benefit Post-IDEA 2004

► IEP identifies present levels, needs related to IEP identifies present levels, needs related to disability and impact on involvement/progress in disability and impact on involvement/progress in general curriculumgeneral curriculum

► Measurable annual goalsMeasurable annual goals

► Services planned to support progress toward goals Services planned to support progress toward goals and in general curriculumand in general curriculum

► Education in LRE, participation in extracurricular & Education in LRE, participation in extracurricular & other nonacademic activitiesother nonacademic activities

► Transition needs are addressed (14-21)Transition needs are addressed (14-21)

► IEP adjusted if progress not madeIEP adjusted if progress not made

Measuring Educational Measuring Educational BenefitBenefit

Can be measured in a variety of waysCan be measured in a variety of ways

► Achieving passing marksAchieving passing marks► Advancing from grade to gradeAdvancing from grade to grade► Making progress toward meeting annual goalsMaking progress toward meeting annual goals► Improving scores on statewide/district wide Improving scores on statewide/district wide

assessments & alternate assessment measuresassessments & alternate assessment measures► Graduating with a regular diplomaGraduating with a regular diploma

Educational Benefit Review Educational Benefit Review ProcessProcess

►Focus is on second part of RowleyFocus is on second part of Rowley

Determine whether design of IEP is Determine whether design of IEP is reasonably calculated for student to reasonably calculated for student to receive educational benefitreceive educational benefit

Ed Benefit Review ProcessEd Benefit Review Process

►Record IEP information for 3-yearsRecord IEP information for 3-years

►Analyze relationships among Analyze relationships among componentscomponents

►Compare progress across consecutive Compare progress across consecutive IEPsIEPs

►Look for patterns and determine if IEP Look for patterns and determine if IEP was reasonable calculated to result in was reasonable calculated to result in educational benefiteducational benefit

Step One Chart IEP Step One Chart IEP InformationInformation

► Copy verbatim phrases from IEPCopy verbatim phrases from IEP► Abbreviations are acceptable, but do not Abbreviations are acceptable, but do not

paraphrase or summarizeparaphrase or summarize► Capture progress from progress reports, test Capture progress from progress reports, test

scores, report card grades and commentsscores, report card grades and comments► Identify sections (academic, social, physical) Identify sections (academic, social, physical)

or content areas (ELA, Math…) for better or content areas (ELA, Math…) for better organizationorganization

►Was IEP adjusted?Was IEP adjusted?

Instructions: Instructions: School districts participating in LRE Focused Monitoring are required to use this worksheet to address the Educational Benefit Review 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 (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. 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.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 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.about how to complete the EBR were provided by the BSE during the monitoring training.

Name of Student ___________________________Name of Student ___________________________ School District ___________________________School District ___________________________

Student’s ID Number ________________________Student’s ID Number ________________________

Present Levels of Present Levels of PerformancePerformance

Needs/ConcernsNeeds/Concerns Annual Annual Goals/AccommodatiGoals/Accommodations & Modifications ons & Modifications

Services/Services/PlacementPlacement

ProgressProgress Was IEP Adjusted?Was IEP Adjusted?

EDUCATIONAL BENEFIT REVIEW WORKSHEET

Step Two – Analyze Step Two – Analyze RelationshipsRelationships

►Consider each IEP (years) separatelyConsider each IEP (years) separately

►Determine alignment – the district Determine alignment – the district relationship between two or more relationship between two or more components (column to column)components (column to column)

►Look for patterns of progress across Look for patterns of progress across yearsyears

►Broken chains may indicate gapsBroken chains may indicate gaps

Step Three – Compare to Prior Step Three – Compare to Prior YearsYears

►What about items that are on one year What about items that are on one year but not other years?but not other years?

►What if an item disappears from one What if an item disappears from one year to the next? Why did it year to the next? Why did it disappear? Was the goal achieved?disappear? Was the goal achieved?

EBR- Decision EBR- Decision ► Are the assessments complete and do they identify all of the Are the assessments complete and do they identify all of the

student's needs, including postsecondary outcomes and/or career student's needs, including postsecondary outcomes and/or career assessment/functional vocational evaluation for secondary students? assessment/functional vocational evaluation for secondary students?

► In Year 3, does the IEP, through the Present Level of Academic In Year 3, does the IEP, through the Present Level of Academic Achievement and Functional Performance (PLAAFP) statement or Achievement and Functional Performance (PLAAFP) statement or other IEP information, identify all of the student's significant needs? 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 In Year 3, are all of the student's needs addressed by goals and objectives, transition services, and/or supplementary aids and objectives, transition services, and/or supplementary aids and services, including, for secondary students, postsecondary outcomes, services, including, for secondary students, postsecondary outcomes, preferences, and interests? preferences, and interests?

► In Year 3, are there programs and services to support all of the In Year 3, are there programs and services to support all of the student's goals and objectives?student's goals and objectives?

► Do the transition services provided for the student over the three-Do the transition services provided for the student over the three-

year period of review represent a coordinated set of activities related year period of review represent a coordinated set of activities related to the student's vision for adult life? to the student's vision for adult life?

EBR – Decision EBR – Decision

► In reviewing the comparison of the PLAAFP from Year 1 to Year 2 and from Year 2 In reviewing the comparison of the PLAAFP from Year 1 to Year 2 and from Year 2 to Year 3, if the student to Year 3, if the student did not did not make progress, were the goals and objectives, make progress, were the goals and objectives, transition activities, or programs and services in Year 3 changed in the IEP to transition activities, or programs and services in Year 3 changed in the IEP to facilitate the student's future progress? facilitate the student's future progress?

► In reviewing the comparison of the PLAAFP from Year 1 to Year 2 and from Year 2 In reviewing the comparison of the PLAAFP from Year 1 to Year 2 and from Year 2 to Year 3, if the student to Year 3, if the student did did make progress, were the goals and objectives, make progress, were the goals and objectives, transition activities, or programs and services in Year 3 changed in the IEP to transition activities, or programs and services in Year 3 changed in the IEP to facilitate the student's future progress, including participation in general facilitate the student's future progress, including participation in general education? education?

► Were sufficient services provided to ensure that the student would make Were sufficient services provided to ensure that the student would make progress? progress?

► Is this student provided with supplementary aids and services to support Is this student provided with supplementary aids and services to support participation in extracurricular and non-academic activities if determined to be participation in extracurricular and non-academic activities if determined to be needed by the IEP team? needed by the IEP team?

► Based upon the review of Worksheets Year 1, 2 and 3 and questions # 1-9 above, 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 the school district has determined that the student has received educational benefit? benefit?

What did you Find?What did you Find?

►What issues do you see in this IEP What issues do you see in this IEP review process?review process?

►When you review multiple IEPs, you When you review multiple IEPs, you will begin to see patterns of issueswill begin to see patterns of issues

►These patterns may identify:These patterns may identify: Professional development need areasProfessional development need areas District policies/practices needing revision District policies/practices needing revision

or improvementor improvement

Edward G. RendellEdward G. Rendell Dr. Gerald L. Dr. Gerald L. ZahorchakZahorchak

GovernorGovernor Secretary of Secretary of EducationEducation