Educational Benefit IEP Review Process

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Educational Benefit IEP Review Process
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Training Goals

• To define Educational Benefit
• To learn a process for reviewing your districts
  IEPs

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The IEP is the Cornerstone of the Special
Education Process
Identifies how the resources of the school need
to be configured to support the students needs
Supports participation in the general education
curriculum and learning standards
Identifies how the student will be prepared for
adult living
Guides the provision of instruction designed to
meet a students needs
IEP
Provides an accountability tool
Ensures a strategic and coordinated approach to
address a students needs
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Free Appropriate Public Education (FAPE)

• IDEA standard 1975
• Intent is to design individualized instruction
  with sufficient supports and services to enable
  the student to receive educational benefit

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Rowley (Supreme Court 1982)

• Defined 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?

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Rowley Standard

• Defined educational benefit as if the student
  derives more than minimal or trivial progress
• Did not require schools to maximize a students
  potential
• Provided access, but did not require equal access

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Reexamining Rowley in 2007

• 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

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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 (15-21)
• IEP adjusted if progress not made

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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
• Passing High School exit exams such as Regents
  and RCT

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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

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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

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Step One- Chart IEP Information

• Capture phrases word-for-word from
• PLP
• Needs
• Post-secondary Goals (if applicable)
• Annual Goals
• Modifications Accommodations
• Services/Placement
• Progress
• Was IEP adjusted?

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Step One

• 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

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Example - Chris
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Step Two Analyze Relationships

• Consider each IEP (year) separately
• Determine alignment the direct relationship
  between two or more components (column to
  column)
• Circle statements and draw arrows to related
  statements in other columns
• Broken chains indicate gaps

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Example - Chris
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Step Two Parking Lot

• You may identify other types of issues (not
  alignment-related)
• For example, a non-measurable goal
• Record these issues on the Parking lot sheet
  and move on
• Parking lot issues will be addressed in a later
  step

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Step Three Compare to Prior Year

• Compare like items from year 1 to 2
• Rate each element on year 2 sheet
• 0 No change in complexity or rate of progress
• (look for unchanged wording)
• Increased complexity of goals, more time with
• non-disabled peers, increased rate of progress
• - Decreased complexity of goals, less time with
  
• non-disabled peers, slower progress or
  regression

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Step Three Compare to Prior Year

• What about items that are on year 2, but not year
  1? No rating.
• What if an item disappears from one year to the
  next? Why did it disappear? Was the goal
  achieved?
• Repeat rating step for year 2 to 3

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Example Chris - Year 2
0
0

0
0
0


0

0
Last years IEP stated WIAT Reading 4.0
GE Therefore, there was no change in reading
level. Able to write a 3 sentence
paragraph Therefore, there was an increase in
writing ability.
Last years IEP stated Struggles with grade
level vocabulary Therefore, the need remained the
same. Written work is unclear and lacks
appropriate organization of ideas Therefore, the
need remained the same.
Last years IEP stated Identify meaning for 10
new content area vocabulary words Therefore, the
goal increased the performance expectation. Fluen
tly read a 3 paragraph passage of curriculum
level text Therefore, the goal increased the
performance expectation. Independently write a 3
paragraph essay using transitions, correct word
tense and order Therefore, the goal did not
increase the performance expectation.
Last years IEP stated Consultant Teacher
Services Therefore, the service and placement
remained the same.
Last years IEP stated Progressing
Satisfactorily Therefore, the progress remained
the same. Progressing Satisfactorily Therefore,
the progress remained the same. Not
Progressing Therefore, the progress increased.
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Step 4 Patterns

• Review charts for linkages ratings
• Review Parking lot issues
• Answer first 3 Yes/No questions on Summary form
• Fill in chart of effective/ineffective practices

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Example - Chris
No
Determine Ed Benefit
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What did you Find?

• What issues do you see in this one IEP?
• 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