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Question
Explain controlling and persuasive authority.Answer
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Related questions
Q:
Describe two of the following cases. Indicate in which circuits the cases are controlling authority. Cases: Daniel R.R. v. El Paso (1989), Sacramento City Unified School District v. Rachel H. (1994), Roncker v. Walter (1983), Hartmann v. Loudoun County Board of Education (1997).
Q:
The concept of least restrictive environment has been referred to as a "Rebuttable Presumption." What is a rebuttable presumption with regards to LRE?
Q:
The principle of LRE requires that
a. students with disabilities be placed in general education settings.
b. students with disabilities be placed in educational settings that are least restrictive and provides FAPE
c. IEP team personnel determine the least restrictive setting and then attempt to deliver FAPE in that setting
d. IEP team personnel engage in predetermination of placement whenever possible.
Q:
An appropriate interpretation of the LRE litigation is that good faith efforts must be made to educate students with disabilities in integrated setting.
a. True
b. False
Q:
Legislation and litigation regarding LRE and FAPE indicate that the school's primary obligation is to provide a student in special education with a FAPE.
a. True
b. False
Q:
The IDEA mandates that all educational facilities, including private schools, implement the LRE regulations.
a. True
b. False
Q:
The U.S. Supreme Court has not yet accepted a case interpreting the LRE mandate.
a. True
b. False
Q:
Briefly explain the decision in Brown v. Board of Education (1954).
Q:
Why is it important that a student's parents be included in their child's IEP planning process. What are the IDEA's requirements regarding parental participation? How can school district personnel ensure that a student's parents are meaningfully involved in the IEP process.
Q:
Prior to 1975, students with disabilities access to educational opportunities were
mainly limited because:
a. Often students with disabilities were completely excluded from public schools
b. Those students with disabilities admitted to schools did not receive an appropriate education
c. Teachers were adequately prepared to teach disabled students
d. Both a and b
Q:
What is the purpose of the present levels of academic achievement and functional performance statement in a student's IEP? How are the PLAAFP's related to a student's annual goals? Why are they important?
Q:
Describe the most appropriate types of data that should be collected to monitor a student's progress toward his or her goals?
Q:
The Elementary and Secondary Education Act dramatically increased the role of the federal government in education.
a. True
b. False
Q:
IDEA 2004 eliminated the federal requirement that IEPs include
a. transition plans
b. benchmarks and short term objectives
c. present levels of academic achievement and functional performance
d. supplementary aids and services
Q:
There is probably less substantive compliance with which of the following IEP requirements than any other:
a. The assessment process prior to the IEP meeting.
b. Attendance at IEP meetings
c. Evaluating a student's progress toward his or her annual goals.
d. The child's present level of academic achievement listed in the IEP.
Q:
The Education of All Handicapped Children Act was the first federal civil rights law to protect persons with disabilities.
a. True
b. False
Q:
IDEA 2004 requires that which of the following components of the IEP be based upon "peer-reviewed research" whenever possible.
a. The present levels of academic achievement and functional performance
b. Measurable annual goals
c. Special education services
d. All of the above.
Q:
As recently as 1958 states continued to enact statutes that authorized school officials to exclude students with disabilities.
a. True
b. False
Q:
Label and describe the parts of the following judicial citations:Board of Education v. Rowley, 458 U.S. 176 (1982)Amanda J. v. Clark County SD., 207 F.3d 877 (9thCir. 2001)Hairston v. Drosick, 423 F.Supp. 180 (S.D.WV 1976).
Q:
When writing the IEP and determining special education and related services, the IEP team may consider the student's needs with regard to the availability of services.
a. True
b. False
Q:
On what page of the court reporter does Daniel R.R. v. State Board of Education, 854 F.2d 1036 (5th Cir. 1989) begin?
a. 854
b. F. 2d
c. 1036
d. 5th
Q:
Describe the necessary qualifications of persons who conduct a special education assessment.
Q:
In the citation 300 F.2d 95 (4th Cir. 1986) the level of the court is
a. Federal District Court.
b. US Court of Appeals.
c. US Supreme Court.
Q:
Describe medical diagnosis and eligibility determination.
Q:
Search engines allow the researchers to
a. search using keywords
b. use advanced searching techniques
c. focus their search by searching within the results of their query
d. only b and c
e. all of the above
Q:
Only the most prestigious law schools produce law reviews.
a. True
b. False
Q:
When making an eligibility determination, IDEA 2004 does not allow a student to be determined to have a disability and be eligible for special education if the determining factor is lack of appropriate instruction in reading, lack of instruction in math, or limited English proficiency. This requirement only applies to students with
a. autism.
b. emotional disorders.
c. learning disabilities.
d. mental retardation.
e. All of the above.
Q:
The two primary computer-assisted research data systems are West's Westlaw system and Nexis-Lexis.
a. True
b. False
Q:
The case that vacated a prohibition against using IQ tests in placing African-American students in all special education placements was
a. Board of Education v. Rowley.
b. Larry P. v. Riles.
c.Crawford v. Honig.
d. PASE v. Hannon.
Q:
IDEA 2004 did not allow a student to be determined to have a disability under the IDEA if the determining factor leading to the student's problem was lack of appropriate instruction in reading, including instruction in the essential components of reading (i.e., phonemic awareness, phonics, vocabulary, fluency, and reading comprehension.
a. True
b. False