Q&A Hero

Q: Give four examples of discriminatory practices under the ADA.

Q: Describe how student problem behavior should be addressed in his or her IEP.

Q: Prior to the passage of the ADA in 1990, what were some ways Americans with disabilities were discriminated against, and what disadvantages did they suffer?

Q: Describe the procedural requirements that must be followed when disciplining students with disabilities?

Q: What is the primary goal of the ADA?

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 develop and implement?

Q: What is the most important similarity between Section 504 and the ADA?

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

Q: What is one important difference between of Section 504 and the ADA?

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

Q: Colleges and Universities may meet their obligations under the ADA (and Section 504) by taking which of the following actions to ensure that students with disabilities have an equal access and an opportunity to benefit from programs that the college or university offers: a. Removing architectural barriers to ensure physical access. b. Modifying policies and practices that may serve to inhibit access or equal opportunity. c. Providing for reasonable aids and accommodations. d. None of the above. e. All of the above.

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

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 extend protections to federal, state, and local government employees. c. Both laws protect persons with mental or physical disabilities that substantially limit one or more major life activities. d. Both laws protect employees with disabilities in the public and private sectors from discrimination.

Q: Describe the concept of in loco parentis as it applies to school discipline.

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: Describe the major goals of the disciplinary changes in the reauthorization of the IDEA in 1997.

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

Q: The ADA is similar to Section 504 of the Rehabilitation Act of 1973, however, the ADA 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: Briefly describe the U.S. Supreme Court's ruling in Goss v. Lopez (1975). How does this ruling apply to students with disabilities?

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: 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 the IEP?

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

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: Describe procedural and substantive due process when applied to discipline in the schools.

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: What is the purpose of a functional behavioral assessment (FBA)? Identify two situations in which an FBA must be conducted by the IEP team.

Q: Private membership clubs are covered under the ADA. a. True b. False

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 by a student with disabilities. b. Long-term disciplinary removals c. When ordered by a school board. d. When ordered by a hearing officer.

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

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. inflicting serious bodily injury to another person while at school, on school premises, or at a school function.

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

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: Punitive damages are not available against the government or governmental agencies under the ADA. a. True b. False

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

Q: Discriminatory treatment, based on false assumptions, entitles persons to protection. a. True b. False

Q: An example of a controlled disciplinary procedure is: a. In-school suspension b. Response cost c. Detention d. Corporal punishment

Q: Like Section 504, Congress specifically offered compulsive gamblers protection under the ADA. a. True b. False

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

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

Q: A manifestation determination hearing must be conducted when expelling students with disabilities or suspending them for over 10 days. According to the IDEA: 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 LEA representative may make the meeting.

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

Q: Which of the following procedures is not required for suspensions 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. Continue educational services.

Q: The ADA primarily focuses on employment and public services. a. True b. False

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

Q: The first case in which the U.S. Supreme Court ruled that schools couldn"t 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: Compare and contrast Section 504 and the IDEA.

Q: It is up to the IEP team members to decide which behaviors are impeding the learning of the student and his or her peers and, therefore, should be addressed in the IEP. a. True b. False

Q: Describe the enforcement of Section 504.

Q: The stay put provision requires that a student remain in the current placement during the time a due process hearing is being held. a. True b. False

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

Q: According to the U.S. Supreme Court corporal punishment in schools is prohibited by the constitution. a. True b. False

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

Q: The IDEA does not establish an absolute limitation on the number of days per school year students with disabilities can be suspended from school. a. True b. False

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

Q: Under the IDEA, school wide discipline procedures may not be used. Rather, all the procedures that are used with students with disabilities in public schools must be changed to address their individual needs. a. True b. False

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

Q: When addressing problem behavior in an IEP or in behavior intervention plan (BIP) an IEP team must use positive behavior interventions, strategies, and supports. An entirely punitive plan is not acceptable. a. True b. False

Q: Why is it not advisable to use IEP plans for students who are not IDEA eligible?

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. a. True b. False

Q: List and describe examples of accommodations that teachers may make in classroom for students protected under Section 504.

Q: Students with disabilities who attend public school are subject to a school district's regular discipline policies. a. True b. False

Q: How do the requirements of Section 504 apply to extracurricular activities?

Q: Emergency procedures such as immediate suspension and physical restraint cannot be used unless parents are notified and are allowed to witness the procedure. a. True b. False

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: When using in-school suspension with students with disabilities, it is not necessary to continue the student's FAPE. a. True b. False

Q: What constitute "otherwise qualified" for an elementary or secondary student.

Q: Describe judicially awarded remedies for parents who prevail against school districts in due process hearings and court cases.

Q: Is the IDEA or Section 504 more specific about defining disabilities? Support your answer.

Q: What is the IDEA's due process hearing procedure? Describe the hearing process. What powers do hearing officers have in educational decision-making? Can the losing party file an appeal?

Q: To determine if the limitations of a disability are substantial, what three factors might be taken into consideration?

Q: Describe the dispute resolution system of the IDEA.

Q: What are "major life activities" as defined by Section 504?

Q: In special education lawsuits under the IDEA can parents be awarded punitive damages if they prevail? Are the other legal alternative options that may be used to seek attorneys' fees in special education cases?

Q: Briefly describe the purpose of Section 504.

Q: Describe the IDEA's general procedural requirements.