Q&A Hero

Q: When parents request destruction of their child's educational record, schools may retain which of the following pieces of personally identifiable information? (May be more than one answer) a. Name, address, and phone number. b. Grades, attendance records, grade level completed. c. Disciplinary records, office referral, and number of days suspended. d. All of the above.

Q: The most significant change in the federal government's role in education brought by NCLB was to require that all public schools bring all their students up to state standards in math and reading.

Q: Two defenses often used against liability claims are a. Assumption of risk. b. Contributory negligence. c. Waiver of rights. d. All of the above

Q: Briefly describe the ADA Amendments of 2008.

Q: Which of the following is not a core characteristic of a response to intervention (RTI) system? a. A schoolwide discipline plan b. A screening system for identifying academic and behavior problems c. A continuous progress monitoring system d. Multiple tiers of increasing intensity of support

Q: Who is protected from discrimination under the ADA? Are there any individuals excluded from coverage?

Q: Courts have been most inclined to hold educators liable for damages when a. schools identify but do not properly program for SPED children. b. schools use inappropriate disciplinary procedures. c. school personnel's actions have led indirectly to emotional trauma. d. their failure to properly supervise students has led directly to personal injury.

Q: What are reasonable accommodations? Are there any limitations on reasonable accommodations? How can employees determine what constitutes a reasonable accommodation?

Q: Which of the following is not an educational record under the Family Educational Rights and Privacy Act (FERPA)? (May be more than one answer) a. A student's disciplinary records. b. A student's IEP. c. A teacher's personal notes placed in a separate file (e.g. teacher's file). d. Records of a law enforcement officer working in a school.

Q: What are the four primary purposes of the ADA?

Q: Contributory negligence is difficult to prove if students are between the ages of ___ and ___, unless they are quite intelligent and mature. a. 7 and 14 b. 15 and 18 c. 19 and 24. d. All of the above.

Q: List the five titles of the ADA.

Q: When determining if a teacher's discipline constitutes excessive and unreasonable punishment, courts will often examine all of the following, except: a. the student's age. b. the gravity of the student's offence. c. posted classroom disciplinary procedures. d. the teacher's temper.

Q: When considering new construction and building alterations and the ADA, what does "readily achievable" mean?

Q: If parents place their disabled child in a private school, public schools are responsible for: a. identification and evaluation of the student. b. writing the student's IEP and offering special education services. c. both a & b. d. none of the above.

Q: School districts that employ more than 50 people must appoint a ADA compliance coordinator? Describe some of the duties of a coordinator.

Q: Under FERPA, school districts must obtain parental consent to release student records to all of the following third parties except: a. Officials representing schools to which a student has applied. b. School personnel with a legitimate educational interest. c. Persons responsible for determining eligibility for financial aid. d. Administrators in charge of underwriting a student's insurance policy.

Q: What is a transition plan under the ADA? Is it similar to a transition plan under the IDEA?

Q: When parents of students in special education request destruction of their child's educational records, they should be informed that the records may be useful at a later date.

Q: Explain the following statement: To be protected in employment by the ADA, a person must have a disability and the disability must substantially limit one or more major life function.

Q: Negligence claims brought against teachers often involve inappropriate and excessive disciplining of students.

Q: What is a reasonable accommodation under the ADA?

Q: The most common category of tort violations brought against teachers involves negligence.

Q: Why is it important that administrators, counselors, and teachers who work with students with disabilities understand the ADA?

Q: The U.S. Supreme Court has ruled that there is a Constitutional prohibition against providing certain related services to special education students in parochial or religious-affiliated schools.

Q: What is the purpose of the ADA?

Q: School districts have the same obligations to parentally placed private school students with disabilities as they do to public school students with disabilities.

Q: Give 4 examples of public accommodations operated by a private entity that are covered by the ADA.

Q: The U.S. Supreme Court has used the Lemon Test to strike down direct monetary reimbursement to parochial schools for state-mandated educational expenditures.

Q: Briefly describe the three U.S. Supreme Court rulings that narrowed the definition of disabilities under the ADA?

Q: Public schools are not obligated to include parent-enrolled private school students in the child find process.

Q: Which of the following statements about Title V, Miscellaneous Provisions, of the ADA is true? (May be more than one answer) a. States are immune from actions under the ADA. b. Courts and administrative agencies may award attorney's fees to prevailing parties. c. Retaliation and coercion against persons with disabilities seeking to enforce their rights are not prohibited. d. Where appropriate, parties are encouraged to seek to resolve disputes through litigation.

Q: A court could order a public school to reimburse parents for a student's private school placement if the public school fails to provide an appropriate education.

Q: School districts that employ more than 50 persons must take the following actions to meet the requirements of the ADA. (May be more than one answer) a. Appoint a compliance coordinator. b. Test all their students, including students with disabilities, on statewide achievement tests. c. Conduct a self-evaluation. d. Correct deficiencies uncovered during the self-evaluation. e. Make their entire school and campus architecturally accessible

Q: The school may deny a parent's request to amend records that are believed to be misleading or incorrect.

Q: Which of the following statements regarding the ADA and Section 504 is true? a. Both laws provide protection against discrimination and federal money to assist entities in their efforts to eliminate discrimination. b. Both laws protect employees with disabilities in the public and private sectors from discrimination. c. Both laws extend protections to federal, state, and local government employees. d. Both laws protect persons with mental or physical disabilities that substantially limit one or more major life activities.

Q: Teachers and schools can release themselves from damages by having parents sign waivers or releases.

Q: Which of the following are not subject to the ADA? a. Preschools b. Public schools c. Private schools d. Private Universities e. All of the above are subject to the ADA f. None of the above is subject to the ADA

Q: When a student is suspended or expelled when should educational services be provided?

Q: Which of the following conditions are excluded from coverage under the ADA? (May be more than one answer) a. AIDS b. Pregnancy c. Diabetes d. Compulsive gambling

Q: If you were a school district official and were responsible for developing school district policy on disciplining students with disabilities, what policies would you implement?

Q: The ADA is similar to Section 504 of the Rehabilitation Act of 1973, but a. is more specific in disability definitions than 504 b. extends the scope of 504 c. is more lenient with public entities than 504 d. Restricts the scope of 504

Q: What is a manifestation determination? When must it be performed, why, and by whom?

Q: Disability discrimination claims under the ADA must be filed within _________ days of the alleged discrimination. a. 60 b. 90 c. 120 d. 180

Q: Explain permitted, controlled, and prohibited disciplinary procedures, give examples of each procedure.

Q: Modifications to the job or work environment that will remove barriers and enable individuals to perform a job are called: a. Reasonable accommodations b. Structural reassignments c. Accessibility measures d. Provisionary actions

Q: In certain situations, the IDEA provides protection against suspensions and expulsions when students have not yet been determined to be eligible for special education. In what situations could this occur?

Q: Under Title I of the ADA regarding "covered entities" who is covered? a. Public and private school employees b. U.S. government and private membership club employees c. Applicants for employment d. Both a & c

Q: What is a behavior intervention plan? What is its primary purpose and when should it be developed?

Q: Section 504 and the ADA are similar in that they both primarily address a. Public and private schools. b. Discrimination. c. Programs that are federally funded. d. Students with and without disabilities.

Q: Discuss how IEP team members should address a student's serious problem behavior.

Q: Private membership clubs are covered under the ADA.

Q: According to Congress there were four major goals of the disciplinary changes of IDEA 1997. Explain these goals.

Q: Areas of public education that are affected by the ADA include employment, general nondiscrimination, communications and program accessibility.

Q: Explain four procedures that school officials should follow to ensure that they don"t violate Section 504 when disciplining students with disabilities.

Q: School districts that employ 50 or more persons must have an ADA coordinator.

Q: All students have substantive due process protections regarding discipline. Discuss these rights.

Q: Punitive damages are not available against the government or governmental agencies under the ADA.

Q: What are school wide discipline policies? What is their purpose and how do they apply to students with disabilities? Should school wide discipline policies be included in students' IEPs?

Q: Discriminatory treatment, based on false assumptions entitles persons to protection.

Q: What factors are considered in determining whether a series of suspensions would constitute a pattern of exclusions?

Q: Like Section 504, Congress specifically offered transsexuals and compulsive gamblers protection under the ADA.

Q: Identify two situations in which an FBA must be conducted by the IEP team.

Q: The ADA does not extend civil rights and antidiscrimination protections to privately owned businesses.

Q: What is the purpose of a functional behavioral assessment (FBA)? When must an FBA be conducted?

Q: The impact of the ADA on special education is that it mirrors and extends the protections of the IDEA for students with disabilities.

Q: An interim alternative educational setting (IAES) may be used for disciplinary purposes in which of the following specific circumstances? (May be more than one answer) a. violation of any school rules. b. short-term disciplinary removal for 10 days or less c. long-term disciplinary removals d. when ordered by a school board e. when ordered by a hearing officer

Q: The ADA primarily focuses on employment and public services.

Q: School officials may unilaterally remove a student with disabilities from school for 45 calendar days and place him or her in an interim alternative educational setting for the following behaviors. (May be more than one answer) a. bringing, possessing, or acquiring a weapon at school, on school premises, or at a school function. b. serious noncompliance at school, on school premises, or at a school function. c. knowingly possessing, using, or selling illegal drugs at school, on school premises, or at a school function. d. selling a controlled substance at school, on school premises, or at a school function. e. inflicting serious bodily injury to another person while at school, on school premises, or at a school function.

Q: The Americans with Disabilities Act (ADA) mandates protections for persons with disabilities against discrimination in both the public and the private sector.

Q: Which of the following disciplinary actions may be a violation of Section 504? (May be more than one answer) a. Bill, a 4th grade student with emotional and behavioral disorders, is not allowed to go on a class field trip because he received an office referral for violating school rules the week before the trip. Other students in general education classes who received an office referral during the week before the trip only had to stay in from recess the day they received the referral. b. Jeremy, a student in special education, was required to serve one day of in-school suspension for running in the hall. John, a student in general education was also caught running in the hall, he was sent to the office and the principal reprimanded him. c. David, a student with autism, was suspended for 20 consecutive days for breaking a vase on the teacher's desk. d. Stacey, a student in a special education resource room was sent to isolation timeout, even though this procedure was specifically prohibited in her IEP.

Q: Briefly trace the development of Section 504.

Q: Educational services must be provided to a student with disabilities if he or she is suspended a. 5 cumulative days b. 10 cumulative days c. 20 cumulative days d. 30 cumulative days

Q: List and explain at least 4 educational obligations under Section 504 that school districts must fulfill.

Q: An example of a controlled disciplinary procedure is a. in-school suspension. b. response cos. c. detention. d. corporal punishment.

Q: List and explain at least 4 administrative responsibilities under Section 504 that school districts must fulfill.

Q: Following the principle of hierarchical application which disciplinary procedure should be attempted first? a. Expulsion b. Timeout c. Proximity control d. Response cost

Q: How can school districts ensure that they do not discriminate against students with disabilities?

Q: A manifestation determination hearing must be conducted when expelling students with disabilities or suspending them for over 10 days. According to the IDEA (may be more than one) a. when misbehavior is related to the disability, the child can be expelled. b. when misbehavior is related to the disability the child cannot be expelled. c. educational services may cease when a student is properly expelled. d. the IEP team must conduct the determination meeting.

Q: Describe and discuss actions that parents may take under the Section 504 grievance procedures when they believe their child has been discriminated against.