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Special Education
Q:
Which of the following procedures is not required for suspensions of fewer than 10 school days?
a. Advise student of the reason for the suspension.
b. Give the student an opportunity to explain their side of the story.
c. Promptly notify the parent or guardian.
d. Give the student's parents the opportunity to appeal the decision
e. Continue educational services.
Q:
Why is it not advisable to use IEP plans for students who are not IDEA eligible?
Q:
Federal courts have held that it is a change of placement to suspend students for
a. more than 3 consecutive days.
b. more than 5 consecutive days.
c. more than 10 consecutive days.
d. more than 30 consecutive days.
Q:
Describe examples of accommodations that teachers may make in classroom for students protected under Section 504.
Q:
The first case in which the U.S. Supreme Court ruled that schools cannot unilaterally change the placement of children through expulsions was
a. Stuart v. Nappi
b. New Jersey v. T.L.O.
c. Honig v. Doe
d. S-I v. Turlington
Q:
How do the "otherwise qualified" requirements of Section 504 apply to extracurricular activities?
Q:
It is up to the IEP team to decide which behaviors are impeding the learning of the student and his or her peers and, therefore, should be addressed in the IEP.
Q:
If a student has a physics class on the third floor, and the school does not have an elevator, what is the school responsible for? How could they legally carry out their responsibility?
Q:
What constitute "otherwise qualified" for an elementary or secondary student.
Q:
According to the U.S. Supreme Court corporal punishment in schools is prohibited by the constitution.
Q:
Is the IDEA or Section 504 more specific about defining disabilities? Support your answer.
Q:
The IDEA does not establish a limitation on the number of days per school year students with disabilities can be suspended from school.
Q:
To determine if the limitations of a disability are substantial, what three factors might be taken into consideration?
Q:
Under the IDEA, most discipline procedures used with students in public schools must be adapted to meet the needs of students in special education.
Q:
What are "major life activities" as defined by Section 504?
Q:
A legally and educationally acceptable behavior intervention plan (BIP) is one that describes prohibited behavior and specifies consequences for the misbehavior.
Q:
Briefly describe the purpose of Section 504.
Q:
A court may find that a special education student was deprived of a FAPE if the student's problem behaviors were not addressed in the IEP.
Q:
Which of the following problems should trigger a referral under Section 504? (May be more than one answer)
a. A student was referred to special education but a decision was made not to evaluate him or her.
b. A student is referred by his or her parents for evaluation under Section 504.
c. A student is referred by his or her teacher for evaluation under Section 504.
d. A student exhibits a chronic health condition.
e. A student may be abusing drugs.
f. A student returns to school after a serious illness or injury.
g. A student was referred to special education but was determined not to be eligible for services under the IDEA.
Q:
Students with disabilities who attend public school are subject to a school district's regular discipline policies.
Q:
In which of the following ways does Section 504 differ from the IDEA? (May be more than one answer)
a. Section 504 protects all people with disabilities (regardless of age); the IDEA only benefits students with disabilities.
b. The Office of Civil Rights of the Department of Education enforces section 504; the Office of Special Education Programs of the Department of Education enforces the IDEA.
c. Section 504 protects persons with disabilities from discrimination but provides no federal money; the IDEA affords educational programming to students with disabilities as well as providing federal money.
d. Section does not require that students be evaluated prior to receiving services; the IDEA does require an evaluation.
e. Section 504 does not allow school personnel to take the needs of a student's classroom peers into account when moving a disruptive student with disabilities into a regular classroom; the IDEA does allow the IEP team to take the needs of a student's classroom peers into account when moving a disruptive student with disabilities into a regular classroom.
f. Section 504 does not require that schools develop an IEP for a student with a disability; the IDEA does require that a team of persons develop an IEP for a student with a disability.
Q:
Emergency procedures such as immediate suspension and physical restraint cannot be used unless parents are notified and are allowed to witness the procedure.
Q:
Which of the following persons are protected under Section 504? (May be more than one answer)
a. Children with ADHD
b. School employees with disabilities
c. Parents with disabilities
d. Aged persons with disabilities
e. Students in private schools.
f. Students in special education.
Q:
When using in-school suspension with students with disabilities, it is not necessary to continue the student's FAPE.
Q:
An area of similarity between Section 504 and the IDEA is that both emphasize
a. an equivalency definition of an appropriate education.
b. a set of comprehensive rules for school districts to follow in writing IEPs.
c. a functional approach to defining a handicap.
d. Placement in the least restrictive environment.
Q:
Describe state complain and prevention alternatives to due process hearings.
Q:
Which of the following has been determined not to be a disability under Section 504?
a. Emotional Disturbances
b. Specific Learning Disabilities.
c. Orthopedic Impairments
d. Communicable Diseases
e. All of the above have been determined to be disabilities
Q:
Explain four types of remedies that courts may use in IDEA cases.
Q:
The multidisciplinary team which convenes to interpret evaluation data and make programming and placement decisions is to be composed of persons who are
a. knowledgeable about the student.
b. knowledgeable about the meaning of the evaluation data.
c. knowledgeable about the placement options.
d. All of the above.
Q:
What is the IDEA's due process hearing procedure? Describe the hearing process. What powers do hearing officers have in educational decision-making? The losing party may exercise what appeals?
Q:
According to Zirkel, the matter of ______________ has been the subject of more Office of Civil Rights investigations than any other requirement of Section 504.
a. Placement
b. Discrimination
c. Evaluation
d. Curriculum appropriateness
Q:
Describe the IDEA's general procedural requirements.
Q:
The Section 504 requirement that educational services designed to meet the needs of students with disabilities must do so as adequately as services designed to meet the needs of students without disabilities is referred to as
a. Non-discriminatory education.
b. Equivalency.
c. Free appropriate public education.
d. Least restrictive environment.
Q:
In an effort to discourage IDEA-related litigation, Congress amended the IDEA's attorney's fees provisions. What changes did Congress make in this area in the 2004 reauthorization?
Q:
An important distinction between the Section 504 responsibilities of elementary and secondary schools and those of postsecondary schools is that in elementary and secondary schools ____________, while in postsecondary schools_____________.
a. the schools have an affirmative duty to locate and serve must find students with disabilities; students must self-identify.
b. parents that must identify their children; students must to self-identify.
c. students must self-identify; the schools have an affirmative duty to locate and serve must find students with disabilities
d. the schools must conduct a mandatory standardized screening tests for all students; the school have use affirmative measures to find students with disabilities
Q:
Explain which party has the burden of persuasion in an administrative hearing on the IDEA: The parent or the school district.
Q:
With regards to discrimination in postsecondary education, Section 504 claims are most likely to arise in the area(s) of
a. Admissions
b. Access to nonacademic programs or activities
c. Placement
d. Both a & b
e. Both b & c
Q:
Explain the two of the major U.S. Supreme Court cases that dealt with the issue of tuition reimbursement.
Q:
Under Section 504 the definition of a person with a disability protects an individual with a contagious disease; however, administrators may remove a student from a classroom if the student poses a risk to others or is to ill to participate.
Q:
What is a resolution session and how does it apply to special education?
Q:
A student with disabilities guaranteed a free appropriate education under Section 504 is automatically considered disabled under the IDEA.
Q:
Describe the IDEA complaint procedures used in (put your state here).
Q:
A student with disabilities who is guaranteed a free appropriate education under the IDEA is automatically considered disabled under Section 504.
Q:
What is IDEA's "stay-put" provision? Why is it important?
Q:
A student with disabilities who needs related services or accommodations but not a special education is not considered disabled under Section 504.
Q:
In what situations must school districts notify parents regarding their rights under the IDEA?
Q:
Section 504 protects only children and students from age 3 to 21 from discrimination. However, states may choose to extend protection to students for birth to age 2.
Q:
According to IDEA 2004 when a parent refuses to grant consent for their child's evaluation what actions can the school take? What actions can be taken if the parents refuse to consent to special education services?
Q:
Section 504 identifies the specific individuals who must be on the Section 504 team.
Q:
What is the purpose of the procedural protections of IDEA?
Q:
The placement of students with disabilities in portable units that are designated solely for use by students with disabilities would be a violation of Section 504.
Q:
What is mediation? Describe the mediation process. What powers do mediators have in educational decision-making?
Q:
Students with temporary disabilities are never covered under Section 504.
Q:
In Buckhannon v. West Virginia Department of Health and Human Resources (2001), the U.S. Supreme Court ruling rejected the so-called catalyst theory. The high court ruled that
a. a party who is the catalyst behind a lawsuit that results in a school district's change of position is automatically entitled to attorney's fees.
b. a party must prove that a school district action may lead to irreparable harm to be awarded attorney's fees.
c. a party whose attorney is at an IEP meeting and serves as the catalyst behind an IEP change may be awarded attorney's fees.
d. a party can only be the prevailing party for purposes of awarding attorney's fees if the party achieved the desired result in the courts.
Q:
Federal funds are available under Section 504 to help school districts meet the requirements of the law.
Q:
________ of the IDEA requires that parties only attempt judicial appeals after completing the law's administrative remedies.
a. The exhaustion doctrine
b. The de novo doctrine
c. The stay-put provision
d. None of the above.
Q:
All students with disabilities who attend public schools, whether or not they are protected by the IDEA, are protected under section 504.
Q:
Every notice sent to parents relating to identification, evaluation, or placement must contain which of the following? (May be more than one answer)
a. A description of the action proposed.
b. A full explanation of procedural safeguards.
c. Goals and objectives for the child.
d. Names of members of the multidisciplinary team.
Q:
Briefly trace the development of the IDEA (then the EAHCA) to the initial passage of the law.
Q:
Parents who placed child with a disability in a private educational facility were later awarded reimbursement for the placement by a court that determined that the school district had proposed an inappropriate IEP.
a. compensatory relief,
b. injunctive relief.
c. tuition relief.
d. punitive damages.
Q:
Explain the major principles of Part B of the IDEA.
Q:
Although __________ have been held to be unavailable under the IDEA they may be under Section 1983 of the Civil Rights Act.
a. compensatory relief,
b. injunctive relief.
c. tuition relief.
d. punitive damages.
Q:
Describe the four major parts of the IDEA and their purposes.
Q:
Jeremy was educated in a self-contained setting in the public schools for 3 years. A court later held that the setting was not appropriate and ordered the school to pay for Joel's education in a private school setting for 3 years beyond his upcoming graduation. The type of relief granted by the court was
a. a preliminary injunction.
b. a permanent injunction.
c. tuition reimbursement.
d. compensatory education.
e. Punitive damages.
Q:
Explain the major changes made to the IEP in the 2004 reauthorization.
Q:
A court can compel a school district to either start or stop a certain practice by granting
a. compensatory relief.
b. injunctive relief.
c. tuition relief.
d. punitive damages.
Q:
IDEA 2004 defined a highly qualified special education teacher according to the standards developed in NCLB. List and briefly explain the three requirements that a highly qualified special education teacher must meet.
Q:
In a judicial review of an administrative decision the burden of proof will usually be on
a. the local education agency.
b. the party seeking to overturn the administrative hearing.
c. the party seeking to maintain the status quo.
d. the party that loses the official flip of the coin.
Q:
Describe the National Research Center in Special Education. Where is it housed? What are its major purposes?
Q:
In which type of due process system is the parent required to exercise an appeal of the decision of an impartial hearing officer to a state agency prior to seeking judicial review.
a. One tiered system.
b. Two tiered system.
c. Mediation conference system.
d. None of the above.
Q:
Briefly describe the enforcement mechanism of the IDEA.
Q:
Procedural safeguards give parents the right to challenge (May be more than one answer)
a. the special education placement of their child.
b. the teacher assigned to the child.
c. the special education and related services provided to their child.
d. the identification of their child as having an IDEA-eligible disability.
Q:
Briefly describe the funding mechanism of the IDEA.
Q:
Both parties in a hearing have the right to prohibit the introduction of any evidence in the hearing that was not disclosed to that party at least 5 days prior to the hearing.
Q:
What is reauthorization, and how does it apply to the IDEA?
Q:
To receive attorneys' fees in a special education dispute parents have to prevail on every issue they contest.
Q:
In what two ways did Congress attempt to reduce litigation in special education when it enacted IDEA 2004?
Q:
If a court determines that parents rejected a properly made school district settlement and ultimately receive essentially the same offer from the courts, attorney's fees will be denied.
Q:
Describe a manifestation determination. What is the purpose of the determination?
Q:
A mediator has no authority to impose solutions on either party.