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The Educational Benefit Review Process

25 Industrial Park Road, Middletown, CT 06457-1520 · (860) 632-1485. A Reflective Process Designed by the California Department of Education. The Educational Benefit Review Process. Revised 11/07. Outcomes.

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The Educational Benefit Review Process

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  1. 25 Industrial Park Road, Middletown, CT 06457-1520 · (860) 632-1485 A Reflective Process Designed by the California Department of Education The Educational Benefit Review Process Revised 11/07

  2. 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. SERC

  3. Essential Question for Learning What assurances does a school system maintain in the provision of FAPE for a student with an IEP? SERC

  4. What is “Educational Benefit”? Dialogue with your team What does this term mean to you? SERC

  5. Supreme Court’s first IDEA case 2-Prong Test Definition of “appropriate” Board of Education of the Hendrick Hudson School District v. Rowley, 458 U.S. 176 (1982)

  6. Issue: Did Board provide FAPE pursuant to IDEA? Rowley’s “2 PRONG TEST” • Has the Board/State complied with the procedural requirements of IDEA? (Procedural Prong) AND • Is the IEP developed through IDEA’s procedures reasonably calculated to enable the child to receive educational benefit? (Substantive Prong) SERC

  7. 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. (Drouin, 2004) SERC

  8. 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; and • Passing the high school exit exam. Rowley SERC

  9. Transition and Educational Benefit • Requirements IDEA 90’ • Access IDEA 97’ • Participation IDEA 04’ SERC

  10. 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… SERC

  11. Recent Transition Cases • Agency Contacts • Student Involvement • Individualization of Transition IEPs • District Obligations • Appropriateness of Transition Planning/Services SERC

  12. The Steps and Protocol Educational Benefit Review Process

  13. 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. (Drouin, 2004) SERC

  14. 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) SERC

  15. Summary of Educational Benefit Review Process (Youtsey, 2006) p. 7 Summary of Educational Benefit Review Process SERC

  16. p. 3 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). SERC

  17. 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 SERC

  18. Domain SERC California Department of Education

  19. Strengths SERC California Department of Education

  20. Present Level SERC California Department of Education

  21. Concerns SERC California Department of Education

  22. Goals, Objectives, Accommodations, & Modifications SERC California Department of Education

  23. Service & Placement SERC California Department of Education

  24. Progress SERC California Department of Education

  25. IEP Adjusted? SERC California Department of Education

  26. SERC California Department of Education

  27. p. 4 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 SERC

  28. STEP 2- Analyze Relationships • Consider each IEP separately • Determine alignment among the components • Draw circles and arrows to designate alignment SERC

  29. SERC California Department of Education

  30. p. 5 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 SERC

  31. 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 SERC

  32. Last Year Can decode on grade level KTEA Read 2.6 G.E. Oral Reading Inventory 2.0 G.E 0 0 0 + + + 0 0 - SERC California Department of Education

  33. Comp. is sig. below grade level 0 0 0 + + + 0 0 - SERC California Department of Education

  34. Given passage state 2 details Given passage answer correctly 6/6 W questions Improve comp of read material from 2.9 to 4.0 0 0 0 + + + 0 0 ? SERC California Department of Education

  35. Learning center 3.75 hrs/wk 0 0 0 + + + 0 0 - SERC California Department of Education

  36. S S S 0 0 0 + + + 0 0 - SERC California Department of Education

  37. 0 0 0 + + + 0 0 - SERC California Department of Education

  38. 0 0 0 + + + 0 0 - SERC California Department of Education

  39. p. 6 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 SERC

  40. Summary of Educational Benefit Review Process (Youtsey, 2006) p. 7 Summary of Educational Benefit Review Process SERC

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