Q&A Hero

Q: Describe the Senate bill to reauthorize the ESEA: The Every Child Achieves Act of 2015 (note, the answer to this question is not in the textbook rather, this question will require that students have read the act out of the Senate's HELP committee).

Q: Describe the House bill to reauthorize the ESEA: the Student Success Act (note, the 2013 version of this bill is explained in the text. The bill was reintroduced in this session of Congress).

Q: How does your state define AYP? (Answer will differ by states).

Q: What is scientifically based instruction? How is it included in NCLB?

Q: Examine the history of federal involvement in education from land grants to NCLB. Why does the textbook refer to the history of federal involvement as being one characterized by a movement from assistance to accountability?

Q: Describe the National Assessment of Educational Progress (NAEP). What is it? What is it used for? What has the NAEP been telling us?

Q: When a school or school district uses NCLB funds for professional development activities, the activities must meet three standards. Describe these standards.

Q: What are the three essential components that make a general education teacher highly qualified according to NCLB?

Q: Name the five essential components of effective reading instruction included in Reading First.

Q: Describe three unique aspects of Reading First.

Q: Why did congress include students with disabilities as a separate subgroup to be counted when measuring AYP?

Q: Describe how bullying, and teachers' reaction to bullying, can be a violation of a student's right to a FAPE and, therefore, a violation of the IDEA.

Q: What are accommodations, modification, and alternate assessments and who is eligible to use them?

Q: Describe how bullying, and teachers' reaction to bullying, can be a violation of a student's civil rights and, therefore, a violation of Section 504.

Q: What was the "safe harbor" provision of NCLB?

Q: Identify and explain some responsibilities that the text discussed that school districts should meet with respect to duty to protect and standard of care.

Q: What actions do schools have to take if they fail to make AYP for two consecutive years; three consecutive years; four consecutive years; five consecutive years?

Q: Explain the four elements that must be proven in a negligence case.

Q: What was adequate yearly progress (AYP)?

Q: Schools must adhere to three primary requirements contained in the Family Educational Rights and Privacy Act. Explain these requirements.

Q: Which of the following aspects of NCLB has been dropped from the Senate and House versions of the reauthorizations? (Note: to answer this question students should have examined the 2015 version of the Senate and House bills to reauthorize the ESEA) a. Disaggregation of subgroups by disability b. State standards c. Testing progress towards standards d. Adequate yearly progress

Q: Explain the concept of proximate cause and how it is important in cases regarding negligence.

Q: NCLB required that states indicate how well students are mastering the content in reading and math. This was done by designating at least three levels of achievement on student performance on statewide tests. These three levels are: a. Below basic, not proficient, proficient. b. Not proficient, basic, advance. c. Basic, proficient, advanced. d. Birdie, par, bogey.

Q: What actions can a school district take to avoid liability for student injury?

Q: NCLB delineated the duties that paraprofessionals might perform. These duties included: (May be more than one answer) a. Planning and providing one-to-one instruction. b. Managing the classroom. c. Assisting in computer instruction. d. Evaluating the achievement of students. e. Providing instructional support

Q: Discuss two principles that should be followed when school districts develop policies involving confidentiality of student records.

Q: NCLB specified three basic requirements that public school teachers had to meet to be highly qualified. Which of the following is not one of these requirements? a. Teachers had to hold a provisional or temporary license from the state department of education. b. Teachers had to hold a minimum of a bachelor's degree from a college or university. c. Teachers must hold a full state teacher certification or licensure for the area in which they teach. d. Teachers must be able to demonstrate subject matter competency in the core academic subjects in which they teach.

Q: Describe the information that IDEA requires be supplied to parents of students with disabilities regarding student records.

Q: Under NCLB, when a school failed to make AYP for three consecutive years, the school was to receive technical assistance, develop a school improvement plan, offer public school choice, and a. reopen as a public charter b. school offer supplemental educational services c. restructure the school internally d. turn the operation of the school over to the state

Q: What are tort laws? Explain and give examples of the two major types of tort violations.

Q: The NCLB, required states to develop academic standards for all students in the areas of a. math and reading b. geography and social studies c. foreign language d. physical education

Q: The IDEA includes the definition of educational records under FERPA. List and describe examples of educational records

Q: Too often, schools have used programs and practices based on fads, fancy, and personal bias, which have proven to be ineffective. Whereas, __________ are more likely to be effective when used in teaching. a. Recommendations from experienced teachers b. Scientifically-based programs c. Newly developed programs d. Programs with expensive advertising

Q: Describe the U.S. Supreme Court's ruling in Davis v. Monroe County Board of Education (1999), which was later adopted by a federal district court in Werth v. Public Schools of City of Milwaukee (2007).

Q: Approximately _____ of all public school districts and _____ of all public schools in the United States receive Title I funds a. 80%; 30% b. 60%; 40% c. 90%; 60% d. 70%; 40%

Q: Summarize the U.S. Department of Education's Dear Colleague letters on bullying.

Q: Under The role of the federal government has evolved from primarily ________ to ________. a. Providing financial assistance; requiring highly qualified teachers b. Allocating funds; designating how monies should be spent c. Providing financial assistance; holding states accountable for educational results d. Generating federal funds for lending; allocating funds to states to assist them in meeting ESEA.

Q: Describe the basis of response to intervention in the IDEA.

Q: The federal government's funding of education has never exceeded approximately ______ of the total amount of money spent on education. Therefore, ______ of all money expended on education is from states and local school districts. a. 10%; 90%. b. 25%; 75% c. 30%; 60% d. 15%; 85%

Q: Explain the two reasons that Senator Buckley introduced the Family Educational Rights and Privacy Act (FERPA).

Q: Schools must provide notices to parents if their child has been taught for four or more consecutive weeks by a teacher who does not meet the highly qualified requirements. a. True b. False

Q: Foreseeability is a. an intentional tort that can lead to monetary damages. b. the ability to anticipate that activities may be dangerous. c. usually not relevant in cases of student injury d. All of the above.

Q: Federal education ESEA funds are to be expended ONLY on reading programs and activities that are backed by scientifically based research. a. True b. False

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: There is a cap on the number of students with disabilities who can take an alternate assessment and once reached school districts cannot include any more students. a. True b. False

Q: Two defenses often used against liability claims are (May be more than one answer) a. Assumption of risk. b. Contributory negligence. c. Waiver of rights. d. Tread lightly.

Q: The ESEA requires that schools test at least 80% of their students on the statewide assessment systems. a. True b. False

Q: Which of the following elements is not associated with claims of negligence: a. Duty to protect. b. A reasonable standard of care. c. Proximate cause. d. Intentional acts.

Q: The purpose of testing and reporting on the test scores by subgroups of students, (called disaggregating scores) is to ensure that schools will be responsible for improving the achievement of all of their students, including those in the various subgroups. a. True b. False

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

Q: The ESEA includes testing requirements and standards for students who attend private school and also students who are home schooled. a. True b. False

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: The ESEA requires states to develop statewide standards and implement a statewide assessment system in reading-language arts and math, but states are not allowed to develop standards and assessment in other areas (e.g., social studies). a. True b. False

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: States and local school districts must use research-based instruction to teach reading and must assess students' abilities by measuring progress toward proficiency. a. True b. False

Q: As discussed in the text, in 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: The primary purpose of NCLB/ESEA is to ensure that students in every public school achieve important learning goals while being educated in safe classrooms by highly qualified teachers. a. True b. False

Q: When a student with disabilities suffers educationally because he or she is being bullied by another student or students, even though the bullying is not based on the student's disability, that bullying may be a denial of FAPE under which of the following laws (may be more than one answer) a. Section 504 b. IDEA c. FERPA d. All of the above

Q: A significant change in the federal government's role in education in NCLB was to require that all public schools bring all their students up to state standards in math and reading. a. True b. False

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 changes were made to the law in the 2008 ADA amendments?

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. a. True b. False

Q: Describe school district responsibilities under the ADA?

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

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

Q: The most common category of tort violations brought against teachers involve negligence. a. True b. False

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

Q: Monetary damages are usually available under state tort laws. a. True b. False

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

Q: Any teacher within a school district has access to all confidential records for any student who is a student in that school district. a. True b. False

Q: Briefly describe three of the five titles of the ADA.

Q: Student harassment or bullying of a student with disabilities is a violation of the IDEA only when the bullying is based on the student's disability. a. True b. False

Q: What is the distinction between reasonable and unreasonable accommodations?

Q: When school district officials use RTI system to delay or deny an evaluation for special education services the district officials may be in violation of the IDEA. a. True b. False

Q: What does it mean that Title I is not an affirmative action mandate?

Q: Student harassment or bullying of a student with disabilities, based on the student's disability, may be a violation of Section 504. a. True b. False

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

Q: School officials may deny a parent's request to amend records that are believed to be misleading or incorrect. a. True b. False

Q: Explain the following statement: To be protected in employment by the ADA, a person must have a disability that substantially limits a major life activity.

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