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Special Education
Q:
The resources used to facilitate the legal research process are:
a. Primary, secondary, and tertiary sources
b. Finding tools, secondary materials and tertiary sources
c. Primary sources, finding tools and secondary materials
d. Secondary materials, regulations and finding tools
Q:
What is a nondiscriminatory evaluation?
Q:
Many university law libraries devote parts of their websites as starting points for legal researcher.
Q:
Briefly describe the necessary qualifications of persons who conduct a special education assessment.
Q:
The U.S. Department of Education maintains a webpage that can be very useful to teacher, researchers, students, and parents.
Q:
What are four types of assessment decisions that are made in the special education assessment process?
Q:
Blogs are useful tools for staying informed on legal matters and for easily communicating information to others.
Q:
Discuss the IDEA's requirements regarding the assessment/evaluation materials.
Q:
A primary problem with law articles on the internet is that they may have not been subjected to a rigorous peer review process as have law review articles in a law library.
Q:
What is a severe discrepancy and how did the Individuals with Disabilities Improvement Act change this requirement?
Q:
Listservs, discussion groups, newsgroups and usenet are all means of staying up-to-date on legal information and making contacts within the world of law.
Q:
What is an independent educational evaluation (IEE)? When must it be conducted? What actions does the LEA need to take regarding the results of the IEE?
Q:
Law resources on the Internet are an excellent substitute for the law library.
Q:
Explain what the child find system is. Why is it so important?
Q:
Supreme Court decisions are published in the reporter abbreviated F. Supp.
Q:
What is a multidisciplinary team? Who should be members of the team?
Q:
Florence County School District #4 v. Carter, 114 S. Ct. 361 (1993) has controlling authority in put the name of your state here.
Q:
When making an eligibility determination, the multidisciplinary team must do which of the following in making the eligibility decision? (May be more than one answer)
a. Draw on the results of all the information gathered.
b. Rely on formulas or quantitative guidelines.
c. Ensure that the information is documented and carefully considered.
d. Have one person from the team make the eligibility decision.
e. Rely on the team's professional judgment.
f. All of the above.
Q:
Daniel R.R. v. State Board of Education, 854 F. 2d 1036 (5th Cir. 1989) has controlling authority in put the name of your state here.
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:
Because much of the articles in law reviews contain the author's opinions, law reviews are not a reliable source for legal research.
Q:
The IDEA requires that the multidisciplinary team prepare a separate written report that describes the evaluation results with students who have which of the following disabilities?
a. autism
b. emotional disorders.
c. learning disabilities.
d. mental retardation.
e. All of the above.
Q:
Explain the litigation/legislative cycle and give an example of how it applies to special education.
Q:
Which of the following decisions may not be made by a student's IEP team regarding his or her participation in state- and district-wide evaluations?
a. The student will participate in state or district-wide evaluations.
b. The student will participate in state or district-wide evaluations with modifications or accommodations.
c. The student will not participate in state or district-wide evaluations.
d. The student will take an alternate assessment.
e. All the above decisions can be made by the IEP team.
Q:
Explain the three generic levels of courts in the United States. How are these level reflected in the federal judiciary? What are the functions of these courts? What is their hierarchy from least to most powerful? What are their primary responsibilities?
Q:
Which of the following is not a requirement when assessing a student for special education?
a. Using assessment materials that have been validated for the specific purpose for which they are being used.
b. Providing and administering assessments in the student's native language or mode of communication.
c. Tailoring the assessing to access specific areas of educational need.
d. Using multiple procedures as criteria to determine a FAPE.
e. All the above are required.
Q:
There are four major sources of law in the United States. Explain these sources.
Q:
What is peer-reviewed research? How can peer-reviewed research used to help ensure a FAPE is delivered to students in special education? Describe the decision in Ridley School District v. M.R. (2012)
Q:
The federal government gives indirect assistance to education through categorical grants. What are the two main purposes for categorical grants?
Q:
Examine the evolving standards of what constitutes a FAPE from the Rowley decision through IDEA 1997 and IDEA 2004. How has the concept of FAPE changed since the EAHCA was passed in 1975? Is there a new FAPE standard?
Q:
Which of the following levels of courts has the power to deny appeals in special education lawsuits?
a. State Educational Agency
b. Federal District Court
c. U.S. Courts of Appeals
d. U.S. Supreme Court
Q:
Discuss the IEP teams responsibilities when a student with disabilities graduates
Q:
Which of the following administrative agencies enforce LEA and SEA compliance with Section 504 of the Rehabilitation Act?
a. The Institute of Education Sciences
b. The Office of Special Education Programs (OSEP)
c. The Office of Civil Rights (OCR) of the Department of Education
d. The National Dispute Resolution Center
Q:
Briefly discuss extended school year services and when they should be provided to students with disabilities.
Q:
Which of the following administrative agencies monitors LEA and SEA compliance with the IDEA?
a. The Institute of Education Sciences
b. The Office of Special Education Programs (OSEP)
c. The Office of Civil Rights (OCR) of the Department of Education
d. The National Dispute Resolution Center
Q:
Describe the peer-reviewed research requirement of the IDEA. How is related to FAPE?
Q:
The ability of a well-reasoned court decision to influence decisions of courts in different jurisdictions is
a. Persuasive authority
b. Probative value
c. Controlling authority
d. En banc
Q:
Briefly discuss the three components of FAPE.
Q:
Which of the following does not have the force of law?
a. U.S. Supreme Court decisions
b. Federal regulations
c. Federal statutes
d. Federally issued policy statements
Q:
Briefly discuss the difference between procedural and substantive violations of FAPE.
Q:
A judge's written opinion usually contains:
a. A summary of the case and a statement of the facts
b. An explanation of why the court took a particular action
c. An explanation of the court's reasoning and a record of the decision
d. All of the above
Q:
Briefly discuss predetermination. How can IEP teams avoid predetermination?
Q:
A hearing by all judges on an appellate court is referred to as:
a. Jurisprudence
b. En banc
c. A precedential hearing
d. Gatherus supremeus
Q:
Briefly explain the controversy regarding complex health services as related services under the IDEA.
Q:
The role of the federal district court differs slightly in special education cases because:
a. The fact-finding process takes place at the administrative review process
b. The trial court takes on more of an appellate role
c. The trial court determines if the administrative agency or due process hearing officer correctly applied the law
d. All of the above
Q:
What is a related service? When must a school provide a related service? What are the limitations on related services?
Q:
The Handicapped Children's Protection Act overturned the decision of the U.S. Supreme Court in Smith v. Robinson, and made it possible for families to:
a. Hire in home teachers at no cost
b. Collect attorney's fees
c. Receive daily progress reports
d. Receive in-school medical treatment for children
Q:
There are important implications for school officials from the Lovaas cases regarding a FAPE. List and explain two of these implications.
Q:
The _____________ Amendment to the Constitution has become the legal basis for special education.
a. 4th
b. 10th
c. 14th
d. 15th
Q:
In the Rowley decision the Supreme Court developed a twofold inquiry when determining if a student with disabilities is provided an appropriate education. Explain the Rowley case and both parts of this test. How can schools ensure that they meet each part?
Q:
When the Supreme Court interprets the laws created by the legislative branch, the legislature may change or alter the law or create a new law if the members disagree with the court's interpretation.
a. True
b. False
Q:
A bright-line test is
a. an IQ test to determine eligibility for special education
b. a legislative formula for assisting schools to deliver a FAPE
c. an eyesight screening
d. a clear test for developed by higher courts to assist lower courts in making decisions.
Q:
There is a federal constitutional right to an education. -
a. True
b. False
Q:
The case in which the U.S. Supreme Court first addressed the issue of related services and the IDEA was
a. Board of Education v. Rowley
b. Honig v. Doe
c. Smith v. Robinson
d. Irving ISD v. Tatro
Q:
If states accept categorical grants programs, such as the Individuals with Disabilities Education Act, the states do not need to abide by the terms and guidelines of the grant.
a. True
b. False
Q:
Which of the following are/is not a related service that needs to be provided under the IDEA?
a. Transportation to a residential setting if needed to provide an appropriate education.
b. Transportation to an out of district school if needed to provide an appropriate education when the parents have unilaterally made the placement.
c. Vision therapy provided by an ophthalmologist to correct as visual-perceptual problem.
d. Full time nursing care in school if needed to provide an appropriate education.
Q:
Federal involvement has been minimal and, thus, an unimportant factor in the progress and growth of special education. -
a. True
b. False
Q:
When an IEP teams determines a student's placement, which the following factors may be considered in deciding on the placement? (May be more than one answer)
a. the student's IEP
b. proximity of the proposed placement to the student's home school.
c. the LRE mandate of the IDEA.
d the availability of services in the proposed placement.
e. The cost of the proposed placement
Q:
Under the U.S. system of federalism, the federal government has only those powers granted expressly by the U.S. Constitution; those powers not specifically granted to the federal government are the province of the states. -
a. True
b. False
Q:
Assistive technology might be required in accordance with (may be more than one answer)
a. the least restrictive environment mandate of the IDEA.
b. the related services mandate of the IDEA.
c. the FAPE mandate of the IDEA.
d Section 504.
Q:
Controlling legal authority always cuts across jurisdictional lines (e.g., a decision made by the U.S. Court of Appeals for the Fourth Circuit will be legally binding in the eighth circuit). -
a. True
b. False
Q:
In extended school year (ESY) cases, school districts have been ordered to provide ESY services when
a. the student with disabilities could benefit from such services
b. the student with disabilities would be harmed an interruption of services
c. it is needed to provide an education in the least restrictive environment.
d. All of the above.
Q:
A dissent is a statement of a judge (or judges) who does not agree with the results reached by the majority. -
a. True
b. False
Q:
In addition to the federal standards that the local education agency must meet, the IDEA includes a requirement concerning state educational agency standards. According to this requirement, if state standards exceed the federal standards
a. the LEA must follow the federal standards.
b. the LEA may choose to follow either federal or state standard.
c. the LEA must follow the state standards.
d. None of the above.
Q:
A trial court in Oregon is obligated to adhere to an appellate court's special education ruling that is authority in Nebraska. -
a. True
b. False
Q:
The federal courts have determined which of the following can be related services if they are necessary to assist a child to benefit from special education? (May be more than one)
a. Psychological services
b. Cochlear implants
c. Transportation
d. Complex Health services provided by a school nurse
e. Counseling
f. Medical treatment performed by a physician
Q:
Unless an appellate court finds a procedural problem or bias in a trial court's fact-finding process, the facts as determined by the trial court do not change. -
a. True
b. False
Q:
According to the Supreme Court in Rowley, IDEA established a "basic floor of opportunity." The court defined this as
a. an education equal to that provided to students without disabilities.
b. instruction that allows the handicapped child to reach his/her maximum potential.
c. a guarantee of meaningful access to special instruction & related services.
d. the "best" possible education.
Q:
All states have educational mandates in their constitutions. -
a. True
b. False
Q:
A child with disabilities who needs related services but does not require special education is protected under which of the following?
a. The IDEA
b. Section 504
c. FERPA
d. NCLB
Q:
Case law indicates that psychotherapy provided by a counselor, psychotherapist or psychologist can be a related service.
a. True
b. False
Q:
A child must be receiving special education to be entitled to related services under the IDEA.
a. True
b. False
Q:
Under the IDEA, medical services are available as a related service to students qualifying for special education.
a. True
b. False
Q:
In determining the content of a student's special education, costs can never be a consideration.
a. True
b. False
Q:
In enacting the IDEA, Congress allowed schools to use funding limitations as justification for denying a FAPE.
a. True
b. False
Q:
Courts have consistently struck down policies limiting the length of the school year for students with disabilities.
a. True
b. False
Q:
One result of the Board of Education v. Rowley decision is that the U.S. Supreme Court provided the lower courts with a two-part formula to assist them in determining if a FAPE was appropriate.
a. True
b. False
Q:
Failure to provide with the procedural requirements of the IDEA will always constitute sufficient grounds for ruling that a local education agency has failed to provide an appropriate education.
a. True
b. False
Q:
As long as a school offers appropriate programming to students in special education, the choice of educational methodology is up to the school district.
a. True
b. False
Q:
The courts have provided a precise and clear definition for lower courts (and schools) to follow when determining if a student's special education program is conferring meaningful educational benefit.
a. True
b. False