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MAKING S SPECIAL AL E EDU DUCA CATION S SPECI CIAL AL POST ST-EN ENDRE REW ENDREW In a unanimous ruling, the Supreme Court rejected the low educational benefit standard used by the U.S. Court of Appeals for the Tenth Circuit.


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MAKING S SPECIAL AL E EDU DUCA CATION S SPECI CIAL AL POST ST-EN ENDRE REW

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ENDREW

  • In a unanimous ruling, the Supreme Court rejected the low educational

benefit standard used by the U.S. Court of Appeals for the Tenth Circuit.

  • SCOTUS ruled “To meet its substantive obligation under the IDEA, a

school must offer an IEP reasonably calculated to enable a child to make progress appropriate in light of the child’s circumstances” (Endrew F. v. Douglas County School District, 2017, p. 15).

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ENDREW

  • SCOTUS sent the case back to the Tenth Circuit to apply this higher

educational benefit standard.

  • The district court judge subsequently held that the Douglas County

School District had failed to provide Drew with a FAPE.

  • Eventually, the school district paid Drew’s parents $1.3 million for his

private school tuition, related expenses, and attorney’s fees.

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ENDREW

  • The Endrew case delivered a landmark ruling that clarified the

substantive standard for determining whether a student’s IEP—the centerpiece of each child’s entitlement to FAPE under IDEA—is sufficient to enable a SWD to make progress appropriate in light of his or her circumstances

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ENDREW

  • . As such, it resulted in a monumental shift away from rote adherence to

the administrative tasks of IEP development, placing far greater emphasis on decision-making that considers the individualized needs of students with disabilities.

  • Endrew provided a consistent standard regarding the quality of the

education, as laid out in their IEPs, to which SWDs are entitled.

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ENDREW

  • When all is said and done, a student offered an educational program

providing ‘merely more than de minimis’ progress from year to year can hardly been said to have been offered an education at all.

  • For children with disabilities, receiving instruction that aims so low would

be tantamount to ‘sitting idly…awaiting the time they were old enough to drop out. The IDEA demands more.

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IEP under Endrew

An IEP that meets substantive requirements could be considered an educationally meaningful IEP. The Endrew ruling clarified a substantive standard. Ensure that:

  • The content of the IEP

(the what of IEP development) is sufficient to enable the student to make progress

  • The student’s progress is

monitored

  • Changes are made if the

student’s progress is not appropriate

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IEP under Endrew

An IEP that meets implementation requirements could be considered to be providing a FAPE. Ensure that:

  • The instructional services and

supports outlined in the IEP are provided as agreed upon in the IEP process

  • When IEP changes are made,

they are completed with parental involvement

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IEP under Endrew

  • SCOTUS determined that, “[t]o meet its substantive obligation under the

IDEA, a school must offer an IEP [individualized education program] that is reasonably calculated to enable a child to make progress appropriate in light of the child’s circumstances.”

  • The Court additionally emphasized the requirement that “every child

should have the chance to meet challenging objectives.”

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Improving Outcomes and Results

  • The Endrew F. decision is important because it informs our efforts to

improve academic outcomes for SWDs.

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FAPE Under Endrew

  • Under the IDEA, FAPE is a statutory term. It is defined to include special

education and related services that

  • (1) are provided at public expense, under public supervision and

direction, and without charge;

  • (2) meet the standards of the State educational agency (SEA), including

IDEA Part B requirements;

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FAPE Under Endrew

  • 3) include an appropriate preschool, elementary school, or secondary

school education in the State involved;

  • and (4) are provided in conformity with an IEP that meets the

requirements of 34 CFR §§300.320 through 300.324.

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Difference from Rowley

  • With the decision in Endrew, F., the Court clarified that for all students,

including those performing at grade level and those unable to perform at grade level, a school must offer an IEP that is “reasonably calculated to enable a child to make progress appropriate in light of the child’s circumstances.”

  • This standard is different from, and more demanding than, the “merely

more than de minimis” test applied by the Tenth Circuit.

  • As the Court stated, “[t]he goals may differ, but every child should have

the chance to meet challenging objectives.”

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Difference from Rowley

  • . The Court explained, “[a] student offered an educational program

providing merely more than de minimis progress from year to year can hardly be said to have been offered an education at all…

  • The IDEA demands more.”
  • Now, as a result of Endrew F., each child’s educational program must be

appropriately ambitious in light of his or her circumstances, and every child should have the chance to meet challenging objectives.

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Difference from Rowley

  • The “reasonably calculated” standard recognizes that developing an

appropriate IEP requires a prospective judgment by the IEP Team.

  • Generally, this means that school personnel will make decisions that are

informed by their own expertise, the progress of the child, the child’s potential for growth, and the views of the child’s parents.

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IEP Under ENDREW

  • IEP Team members should consider how special education and related

services, if any, have been provided to the child in the past, including the effectiveness of specific instructional strategies and supports and services with the student..

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IEP Under ENDREW

  • In determining whether an IEP is reasonably calculated to enable a child

to make progress, the IEP Team should consider:

  • the child’s previous rate of academic growth,
  • whether the child is on track to achieve or exceed grade-level

proficiency,

  • any behaviors interfering with the child’s progress,
  • and additional information and input provided by the child’s parents

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IEP Under ENDREW

  • As stated by the Court, “any review of an IEP must consider whether the

IEP is reasonably calculated to ensure such progress, not whether it would be considered ideal.”

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IEP Under ENDREW

  • The essential function of an IEP is to provide meaningful opportunities

for appropriate academic and functional advancement, and to enable the child to make progress.

  • The expectations of progress in the IEP must be appropriate in light of

the child’s unique circumstances.

  • This reflects the focus on the individualized needs of the particular child

that is at the core of the IDEA. It also reflects States’ responsibility to

  • ffer instruction “specially designed” to meet a child’s unique needs

through an IEP

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IEP Under ENDREW

  • Each child’s IEP Team must consider the child’s present levels of

performance and other factors such as the child’s previous rate of progress and any information provided by the child’s parents.

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IEP Under ENDREW

  • The IDEA’s focus on the individual needs of each child with a disability is

an essential consideration for IEP Teams.

  • Individualized decision-making is particularly important when writing

annual goals and other IEP content because “the IEP must aim to enable the child to make progress.”

  • For example, the Court stated that the IEP Team, which must include the

child’s parents as Team members, must give “careful consideration to the child’s present levels of achievement, disability, and potential for growth.

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IEP Under ENDREW

  • The IEP must include annual goals that aim to improve educational

results and functional performance for each child with a disability.

  • This inherently includes a meaningful opportunity for the child to meet

challenging objectives.

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IEP Under ENDREW

  • Each SWD must be offered an IEP that is designed to provide access to

instructional strategies and curricula aligned to both challenging State academic content standards and ambitious goals, based on the unique circumstances of that child

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IEP Under ENDREW

  • The IEP must be developed in a way that ensures that children with

disabilities have the chance to meet challenging objectives, as reflected in the child’s IEP goals.

  • Each child’s IEP must include, among other information:
  • An accurate statement of the child's present levels of academic

achievement and functional performance

  • Measurable annual goals, including academic and functional goals.

.

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IEP Under ENDREW

  • This information must include how the child's disability affects the child's

involvement and progress in the general education

curriculum

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IEP Under ENDREW

  • In order to make FAPE available to each eligible SWD, the child’s IEP must

be designed to enable the child to be involved in, and make progress in, the general education curriculum.

  • The term “general education curriculum” is “the same curriculum as for

nondisabled children

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IEP Under ENDREW

  • In Endrew F., “the IEP must aim to enable the child to make progress.”
  • Determining an appropriate and challenging level of progress is an

individualized determination that is unique to each child.

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IEP Under ENDREW

  • When making this determination about adequate progress, each child’s

IEP Team must consider:

  • the child’s present levels of performance
  • other factors such as the child’s previous rate of progress
  • and any information provided by the child’s parents.

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  • Individualized decision-making is required in the IEP process.
  • This decision-making continues to “require careful consideration of the

child’s present levels of achievement,

  • disability,
  • and potential for growth

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Alternate Standards

  • There is a small number of children—those with the most significant

cognitive disabilities—whose performance can be measured against alternate academic achievement standards.

  • Alternate academic achievement standards also must be aligned with

the State’s grade-level content standards.

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IEP Under ENDREW

  • Annual IEP goals for children with the most significant cognitive

disabilities should be appropriately ambitious, based on the State’s content standards,

  • and “reasonably calculated to enable the child to make progress

appropriate in light of the child’s circumstances.”

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IEP Under ENDREW

  • The Court’s decision in Endrew F., clarifies that the standard for

determining whether an IEP is sufficient to provide FAPE is:

  • Whether the child is offered an IEP reasonably calculated to enable the

child to make progress that is appropriate in light of the child’s circumstances.

  • At least once a year, IEP Teams must review the child's IEP to determine

whether the annual goals for the child are being achieved

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IEP Under ENDREW

  • Although the public agency is responsible for determining when it is

necessary to conduct an IEP Team meeting, the parents of a child with a disability have the right to request an IEP Team meeting at any time.

  • If a child is NOT making progress at the level the IEP Team expected,

despite receiving all the services and supports identified in the IEP, the IEP Team must meet to review and revise the IEP if necessary, to ensure the child is receiving appropriate interventions, special education and related services and supplementary aids and services, and to ensure the IEP’s goals are individualized and ambitious.

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IEP Under ENDREW

  • Where necessary to provide FAPE, IEPs must include consideration of

behavioral needs in the development, review, and revision of IEPs.

  • IEP Teams must consider and, if necessary to provide FAPE, include

appropriate behavioral goals and objectives and other appropriate services and supports in the IEPs of children whose behavior impedes their own learning or the learning of their peers.

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IEP Under ENDREW

  • It is ESSENTIAL to make individualized determinations about what

constitutes appropriate instruction and services for each SWD AND the placement in which that instruction and those services can be provided to the child.

  • There is no “one-size-fits-all” approach to educating children with

disabilities.

  • Rather, placement decisions must be individualized and made consistent

with a child’s IEP

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Continuum of Placements

  • The IDEA Part B regulations specify that each public agency must ensure

a Continuum of Alternative Placements including:

  • instruction in regular classes,
  • special classes,
  • special schools,
  • home instruction,
  • placement in private schools,
  • and instruction in hospitals and institutions is available to meet the

needs of SWDs for special education and related services

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IEP Under ENDREW

  • IEP Teams must implement policies, procedures, and practices relating

to:

  • (1) identifying present levels of academic achievement and functional

performance;

  • (2) the setting of measurable annual goals, including academic and

functional goals;

  • and (3) how a child’s progress toward meeting annual goals will be

measured and reported, so that the Endrew F.standard is met for each individual SWD.

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IEP Under ENDREW

  • IEP Teams and other school personnel should be able to demonstrate

that, consistent with the provisions in the child’s IEP, they:

  • are providing special education and related services and supplementary

aids and services;

  • making program modifications;
  • providing supports for school personnel;.

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IEP Under ENDREW

  • Allowing for appropriate accommodations that are reasonably

calculated to enable a child to make progress appropriate in light of the child’s circumstances

  • and enable the child to have the chance to meet challenging objectives

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Private Placment

  • As reflected in Endrew F., the IDEA provides a mechanism whereby

parents may opt to place their child in a private school setting in circumstances where they believe FAPE has been denied.

  • If a court or hearing officer determines that a school failed to make FAPE

available in a timely manner prior to enrollment in a private school setting,

  • that the private placement is appropriate,
  • and that the parents provided notice to the school district,
  • parents MAY RECOVER the costs of the private placement

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The Six Guiding Principles of IDEA

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The Six Guiding Principles of IDEA

  • Complete, individualized evaluation: All areas of the suspected disability

must be assessed, including any specific parental concerns.

  • The results of this assessment must be comprehensive enough to

identify all of the student’s relevant academic and functional needs in

  • rder to guide future instructional decisions.

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The Six Guiding Principles of IDEA

  • Free appropriate public education (FAPE): Each eligible SWD—one whose

disability adversely affects school performance—is entitled to a FAPE that is individualized to meet his or her unique needs and provided in conformity with that student’s IEP.

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The Six Guiding Principles of IDEA

  • Individualized education program (IEP): An IEP is a written statement of

the special education services provided to meet the unique needs of a SWD between the ages of 3 and 21.

  • The IEP, a blueprint of the student’s FAPE, is developed in collaboration

with the student’s parents.

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The Six Guiding Principles of IDEA

  • Least restrictive environment (LRE): The FAPE is to be provided alongside

peers without disabilities in the general education settings to the greatest extent possible.

  • Removal from the general education setting should ONLY occur in

instances when the nature or severity of the disability is such that an appropriate education cannot be satisfactorily achieved in that setting

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The Six Guiding Principles of IDEA

  • Parent participation: The most basic of IDEA’s requirements is that

parents are full and equal participants with the school district personnel

  • n their child’s IEP team—a group that includes a variety of education

professionals, the student’s parents, and the student, when appropriate

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The Six Guiding Principles of IDEA

  • Procedural safeguards: In addition to the right to active

participation, parents have additional rights that include:

  • Giving informed written consent for their child to be evaluated,
  • To seek an independent evaluation if they feel compelled to do so
  • Access to their child’s educational records
  • Dispute resolution through steps that can include state

complaint, mediation, a resolution session, and/or a due process hearing

  • Explanation of these rights in writing, and in their native language when

possible

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SEA Responsibility

  • Though IDEA requires states to meet its requirements, the law does

allow states to interpret, apply, and pass their own laws regarding SWDs.

  • State special education laws are NOT allowed to contradict or provide

LESS than what IDEA stipulates; however, they CAN provide MORE

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IEP Under ENDREW

Develop an educationally meaningful high-quality IEP that meets the needs of SWDs Involve parents in the IEP process

  • Conduct a thorough, individualized evaluation
  • Adhere to required timelines

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IEP Under ENDREW

Ensure attendance at IEP meetings by all necessary team members Include the necessary components and content in the IEP Implement the special education services as written in the IEP

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Procedural Errors

  • A few of the more common procedural errors:
  • Failure to involve parents in the IEP process
  • Predetermining a student’s placement or services
  • Determining placement before programming
  • Failure to assemble an appropriate IEP team
  • Failure to include required components in a student’s IEP

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IEP Under ENDREW

Component Content Present levels of academic achievement and functional performance (PLAAFP) These statements summarize the student’s abilities in both academic and/or functional skill areas and include how the student’s disability affects their involvement in the general education curriculum. Challenging, ambitious, and measurable goals These goals describe what the student is expected to accomplish, in academics and/or functional skills, in a 12-month period. The goals help IEP team personnel determine whether the student is making educational gains and whether the program is providing meaningful educational benefit.

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IEP Under ENDREW

Description of special education and related services and supplementary services This is a statement of all of the educational services to be provided by the school in order to help the student meet their annual goals. These services should be based on peer- reviewed research to the greatest extent possible and be provided in the LRE. Method for measuring and reporting progress This is a description of how the student’s progress toward the annual goals will be measured and how and when school personnel will inform parents about that progress (e.g., quarterly reports, concurrent with the timing of report cards).

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IEP Under Endrew

Explanation of the extent the student will not be educated with nondisabled students in the general education setting The “reverse phrasing” of this requirement is purposeful. IDEA requires the IEP team to justify any decision that removes the student from the general education setting. Statement of student’s participation in state and district-wide assessments This not only includes the extent to which the student will participate but also any testing accommodations or modifications that he/she may require.

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IEP Under ENDREW

The date of service initiation, frequency, duration, location Service initiation—the date that the special education and related services identified in the IEP begins—should start as soon as

  • possible. The frequency (e.g.,

number of times per week) and duration (e.g., length of time for each session) specify the amount

  • f services to be provided to the

student, clarifying the level of resource commitment. The location where the services will be provided, or placement, cannot be determined until all of the other IEP components have been determined.

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Reasonably Calculated

  • Reasonably calculated:
  • The “reasonably calculated” standard recognizes that developing an

appropriate IEP requires a prospective judgment by the IEP team.

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Reasonably Calculated

  • The Team will make decisions that are informed by:
  • their own expertise,
  • the progress of the student,
  • the student’s potential for growth,
  • and the views of the student’s parents

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Reasonably Calculated

  • . In determining whether an IEP is reasonably calculated to enable a

student to make progress, the IEP team should consider factors such as:

  • The student’s previous rate of academic growth
  • Whether the student is on track to achieve or exceed grade-level

proficiency

  • Any behaviors interfering with the student’s progress
  • Additional information and input provided by the student’s parents

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Progress

  • Progress appropriate in light of a child’s circumstances:
  • SCOTUS did not specifically define the phrase ”in light of the child’s

circumstances”,

  • SCOTUS emphasized the individualized decision-making required in the

IEP process

  • AND the need to ensure that EVERY SWD should have the chance to

meet challenging objectives..

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Reasonably Calculated

  • “The IEP is NOT a form document. It is constructed only after careful

consideration of the child’s present levels of achievement, disability, and potential for growth.”

  • Endrew F. v. Douglas County School District, 2017, p. 14
  • According to SCOTUS, the educational benefit requirement of IDEA is

satisfied and a student has received a FAPE if the student’s IEP sets out an educational program that is ‘reasonably calculated to enable the child to make progress appropriate in light of his circumstance.’

  • Endrew F. v. Douglas County School District, 2017, p. 16

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Educational Benefit

  • Substantive requirements involve the actual content of the IEP and focus
  • n the educational benefit conferred by a student’s IEP.
  • The Special Ed program MUST be aspirational, in that it maintains high

expectations while enabling the student to make meaningful progress, given the student’s unique needs.

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PLAAFP Under ENDREW

  • At a minimum, the PLAAFP statement must contain information that:
  • Describes the student’s needs in an academic and/or functional skill area
  • States the impact of the student’s disability on their involvement in the

general education curriculum

  • Documents the student’s current levels of performance, which will serve

as baseline data to measure his/her subsequent progress

  • Informs the annual goals and the appropriate special education services

and supports required to meet those goals

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PLAAFP Under ENDREW

Student Needs Information on the student’s current academic and/or functional needs What are:

  • The student’s

strengths?

  • The main areas of

concern (e.g., academic, functional) and how do these concerns relate to district or state standards and benchmarks and the student’s postsecondary interests?

  • The parents’

concerns?

  • The student’s

instructional preferences?

  • The results from the

evaluation (e.g., standardized tests, progress monitoring data)?

  • Ways in which the

student’s strengths can help address the identified areas of concern?

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PLAAFP Under ENDREW

Effect on Progress in General Education An explanation of how the disability affects the student’s involvement and progress in the general education curriculum How does the student’s disability affect their:

  • Involvement in

general education?

  • Access to the general

education curriculum?

  • Progress in the

general education curriculum?

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PLAAFP Under ENDREW

Baseline Information Baseline data for monitoring student progress Are the data being reviewed to determine whether the student is making progress:

  • Specific?
  • Objective?
  • Measurable?
  • Something that can

be collected frequently? And do these data relate to:

  • Identified areas of

concern?

  • State content

standards?

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PLAAFP Under ENDREW

Connection to Goals and/or Services Bridge between the PLAAFP statement and an annual goal Is there enough information in the PLAAFP to develop a challenging, ambitious, measurable annual goal? Is there enough information in the PLAAFP to determine what special education, related services, accommodations, and program modifications are needed?

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MEASURABLE Annual Goals Under ENDREW

  • Measurable annual goals describe what the student is reasonably

expected to accomplish in a 12-month period, when provided with appropriate special education services.

  • Each measurable annual goal should:
  • Address academic and/or functional needs identified in a PLAAFP

statement

  • Be guided by grade-level content standards and therefore tied to

participation in the general education curriculum

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MEASURABLE Annual Goals Under ENDREW

  • Include benchmarks or short-term objectives (for students taking

alternate assessments aligned to alternate achievement standards)

  • Help IEP team members determine whether a student is making

educational progress and whether the special education program is providing meaningful educational benefit

  • Lead to a corresponding special education service

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Measurable Annual Goals Under ENDREW

  • To begin the process of writing measurable annual goals, the IEP team should:
  • Start with the academic and functional needs identified in the PLAAFP

statements

  • Identify any relevant state academic standards for the student’s grade
  • Discuss what the student should be able to achieve during the next 12 months

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MEASURABLE Annual Goals Under ENDREW

  • Although IDEA requires IEP goals to be measurable, courts have ruled

that they must also be ambitious and challenging.

  • IEP teams should have high expectations for the student and

create goals that are ambitious and challenging enough to make meaningful progress.

  • Additionally, goals should be realistic, based on the team’s knowledge of

the student’s unique circumstances.

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MEASURABLE Annual Goals Under ENDREW

  • Goals that contain all four elements—
  • target behavior,
  • condition,
  • performance criteria,
  • and timeframe—
  • may be considered “complete” in a technical sense, but those that are

also ambitious and challenging are more likely to meet the Endrew substantive standard

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MEASURABLE Annual Goals Under ENDREW

  • “[The] educational program [for a SWD] must be

appropriately ambitious in light of [a child’s] circumstances, just as advancement from grade to grade is appropriately ambitious for most children in the regular classroom.

  • The goals may differ, but every child should have the chance to

meet challenging objectives.”

  • Endrew F. v. Douglas County School District, 2017, p. 14

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MEASURABLE Annual Goals Under ENDREW

  • Goals that arenot ambitious and challenging may be readily achieved

but do not result in meaningful progress for the student.

  • Such goals may render the IEP inappropriate.

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MEASURABLE Annual Goals Under ENDREW

  • Endrew recognizes that teams should have high expectations

for the progress of a student and should craft challenging and ambitious IEP goals.

  • However, goals should not be so ambitious that there is little chance that

a student will actually achieve them

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EBPs

  • The student at the center of the Endrew case, Drew, had significant

behavioral challenges, yet he made progress in the private school, which developed a behavioral intervention plan (BIP). His success points to two key considerations for IEP teams when they begin to determine special education services and supports:

  • The services should address all of the student’s needs
  • The services should include evidence-based practices whenever possible.

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EBPs

  • “States, school districts, and school personnel must, therefore, select and

use methods that research has shown to be effective, to the extent that methods based on peer-reviewed research are available…

  • The final decision about the special education and related services, and

supplementary aids and services that are to be provided to the child must be made by the child’s IEP Team based on the child’s individual needs”.

  • U.S. Department of Education, Federal Register, Vol. 71 No. 156, 46665

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EBPs

  • IDEA requires that a student’s services and supports be based on peer-

reviewed research (i.e., evidence-based practices) “to the extent practicable.”

  • However, due to inherent difficulties posed by research, limited time,

and lack of funding, not all educational practices and programs have been subjected to rigorous research

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Behavior

  • An IEP that does not address behavioral challenges may fail to provide

FAPE to a student with behavior problems.

  • Litigation has clarified that FAPE is denied when schools and/or IEP

teams fail to:

  • Consider the inclusion of PBIS in response to the student’s behavior
  • Schedule an IEP meeting to review the IEP to address behavioral

concerns after a reasonable parental request or school-based personnel become aware of problem behaviors

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BEHAVIOR

  • Discuss concerns of parents or school personnel about the student’s

behavior and its effects on the student’s learning during an IEP meeting

  • Implement the behavior supports in the IEP.
  • FAPE can also be jeopardized when behavioral supports are NOT

included in the IEP or that are NOT appropriate for the student are implemented.

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PROGRESS

  • IDEA requires that every IEP contain a component in which IEP teams

document:

  • How a student’s progress toward meeting each annual goal will be

measured

  • When periodic reports on that progress will be provided to parents

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PROGRESS MONITORING

  • The most appropriate progress monitoring systems are those in which
  • bjective numerical data are:
  • collected frequently,
  • graphed,
  • analyzed,
  • and then used to make instructional decisions..

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PROGRESS MONITORING

  • Anecdotal data and other subjective procedures are NOT appropriate for

monitoring student progress and should NOT be the basis of a progress monitoring system

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PROGRESS MONITORING

How will the student’s progress be objectively measured? Do: Use objective measures (e.g., data that can be reported in numbers rather than words). Examples:

  • Behavior observation checklists
  • Progress monitoring probes (e.g.,

reading, math)

  • Unit or chapter test scores

Don’t: Use subjective measures. Examples:

  • Anecdotal reports
  • Teacher or student perception

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PROGRESS MONITORING

  • A substantive standard not focused on student progress would do little to

remedy the pervasive and tragic academic stagnation that prompted Congress to act.

  • Endrew F. v. Douglas County School District, 2017, p. 11

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PROGRESS MONITORING

  • To determine whether the student is making progress, IEP teams must

create and implement a high-quality plan that allows them to

systematically and consistently monitor and report the student’s progress toward meeting his/her annual goals.

  • This plan must include a process for collecting objective data that can

document improved academic and/or functional performance

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PROGRESS MONITORING

  • If the data indicate that a SWD is not on track to meet annual goals, the

IEP team should make adjustments to the education program and continue to monitor accordingly.

  • Failure to make such adjustments, when data indicate the need, could

result in a ruling that a school had denied FAPE

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COMMON ERRORS

  • Common substantive errors:
  • Failing to conduct a complete and individualized evaluation of a student's

needs

  • Failing to include all of a student's educational needs in the PLAAFP
  • Failing to write challenging, ambitious, and measurable annual IEP goals

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COMMON ERRORS

  • Failing to provide special education services that address all of a

student's educational needs

  • Placing students for reasons unrelated to their individual needs
  • Failing to adhere to the continuum of alternative placements
  • Failing to monitor students’ progress

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SUMMARY

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SUMMARY: IEP Under ENDREW

  • Ensure that the IEP process (the how and when of IEP development) is

followed:

  • Referral
  • Evaluation
  • Eligibility determination
  • IEP development
  • IEP implementation
  • Annual review
  • Reevaluation

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IEP Under ENDREW

  • Ensure that the IEP contains all of the required information:
  • PLAAFP statements
  • Measurable annual goals
  • Description of special education and related services and supplementary

services

  • Method for measuring and reporting progress
  • Explanation of the extent the student will not be educated with nondisabled

students in the general education setting

  • Statement of student’s participation in state and district-wide assessments
  • The date of service initiation, frequency, duration, and location

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IEP Under ENDREW

  • Ensure that the quality of the IEP content (the what of IEP development)

is sufficient to enable the student to progress:

  • PLAAFP statements — Based on a thorough evaluation, address each of a

student’s needs, and is sufficient to both serve as a baseline and inform the annual goals

  • Measurable annual goals — Based on the PLAAFP statements, are

sufficiently challenging and ambitious to confer meaningful educational benefit

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IEP Under ENDREW

  • Description of special education and related services and supplementary

services —

  • Based on the annual goals
  • Using EBPs as much as possible, are sufficient to help the student make

progress toward meeting academic and/or functional annual goals

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IEP Under ENDREW

  • Method for measuring and reporting progress —
  • Based on the annual goals, includes a plan for collecting objective data

and reporting progress to parents,

  • Ensure that changes are made if the student’s progress is not adequate

(i.e., data-based decisions)

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DATA to Support ENDREW

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NAEP Data

  • Twenty-four percent (24.8%) of grade 4 students in New Mexico

scored ‘At or above Proficient’ on the 2017 NAEP READING assessment.

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NAEP Data

  • Twenty-four percent (24.4%) of grade 8 students in New Mexico

scored ‘At or above Proficient’ on the 2017 NAEP READING assessment

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NAEP Data

  • Twenty-seven (27.2%) percent of grade 4 students in New Mexico

scored ‘At or above Proficient’ on the 2017 NAEP Mathematics assessment.

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NAEP Data

  • Twenty percent (20.3%) of grade 8 students in New Mexico scored

‘At or above Proficient’ on the 2017 NAEP Mathematics assessment.

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NM SWD DATA to Support ENDREW

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Group Name Baseline Year FFY 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 A Overall 2014 Target ≥ 24.00% 28.00% 64.00% 75.00% 75.00% 56.70% 56.70% Data 17.00% 18.00% 18.42% 20.10% 19.85% 17.80% 25.11% 16.60% 16.33% A Overall 2014 Target ≥ 17.00% 22.00% 52.00% 66.00% 66.00% 50.00% 50.00% Data 10.00% 12.10% 12.84% 15.50% 16.33% 15.47% 15.31% 13.70% 13.48%
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