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Special Education
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 returns to school after a serious illness or injury.
f. A student was referred to special education but was determined not to be eligible for services under the IDEA.
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:
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 eligible students with disabilities.
b. Section 504 is enforced by the Office of Civil Rights of the U.S. Department of Education. The IDEA is enforced by the Office of Special Education Programs of the U.S. Department of Education.
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 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:
IDEA 2004 added a new step to the dispute resolution process: the resolution session. Describe this step and where it fits into the process.
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 with disabilities in private schools.
f. Students with disabilities in public schools.
Q:
Describe two major U.S. Supreme Court cases that dealt with the issue of tuition reimbursement.
Q:
An area of similarity between Section 504 and the IDEA is that both emphasize
a. an equivalency definition of an appropriate education.
b. placement in the least restrictive environment
c. a functional approach to defining a handicap.
d. a set of comprehensive rules for school districts to follow in writing IEPs/504 plans.
Q:
Describe the stay-put provision as it applies to special education?
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:
Describe the major problems with due process hearings and possible alternatives to the current process.
Q:
The multidisciplinary team which convenes to interpret evaluation data and make programming and placement decisions should 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:
Describe the IDEA's State Complaint Mechanism. When can it be used? What actions must state officials take when they receive a state complaint?
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:
When does the IDEA that school district personnel obtain informed written consent from the parents of a child with disability in situations involving special education services.
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. The equivalency principle.
c. Free appropriate public education.
d. Least restrictive environment.
Q:
What is mediation? Describe the mediation process. What powers do mediators have in educational decision-making?
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:
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:
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:
What is the purpose of the procedural protections of IDEA?
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.
a. True
b. False
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 can only be the prevailing party for purposes of awarding attorney's fees if the party achieved the desired result because the legal action led to a voluntary change y the other party.
d. a party whose attorney is at an IEP meeting and serves as the catalyst behind an IEP change may be awarded attorney's fees.
Q:
A student with disabilities guaranteed a free appropriate education under Section 504 is automatically considered disabled under the IDEA.
a. True
b. False
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:
A student with disabilities who is guaranteed a free appropriate education under the IDEA is automatically considered disabled under Section 504.
a. True
b. False
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:
A student with disabilities who needs related services or accommodations but not a special education is not considered disabled under Section 504.
a. True
b. False
Q:
What type of relief is available when parents who placed their child with a disability in a private educational facility were later awarded reimbursement for the placement by a court because the school district had proposed an inappropriate IEP.
a. compensatory relief,
b. injunctive relief.
c. tuition relief.
d. punitive damages.
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.
a. True
b. False
Q:
Although __________ have been held to be unavailable under the IDEA they may be in special education related lawsuits brought under Section 1983 of the Civil Rights Act.
a. compensatory relief,
b. injunctive relief.
c. tuition relief.
d. punitive damages.
Q:
Section 504 identifies the specific individuals who must be on the Section 504 team.
a. True
b. False
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:
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.
a. True
b. False
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:
Students with temporary disabilities are never covered under Section 504.
a. True
b. False
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:
Federal funds are available under Section 504 to help school districts meet the requirements of the law.
a. True
b. False
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:
All students with disabilities who attend public schools, whether or not they are protected by the IDEA, are protected from discrimination under section 504.
a. True
b. False
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:
Describe the monitoring and enforcement provisions 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.
a. True
b. False
Q:
Describe the reauthorization process and the various reauthorizations of the IDEA.
Q:
To receive attorneys' fees in a special education dispute parents have to prevail on every issue they contest.
a. True
b. False
Q:
Explain the major principles of Part B of the IDEA.
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.
a. True
b. False
Q:
Describe the four major parts of the IDEA and their purposes.
Q:
A mediator has no authority to impose solutions on either party.
a. True
b. False
Q:
The primary goal of Congress in passing the IDEA 2004 was to align it with NCLB. This streamlining measure served to increase and improve many critical factors within the profession of special education. Describe some of these factors, and consider what changes teacher education needs to undergo to meet the requirements of the law.
Q:
Due process hearings should be the first step whenever there is a special education disputes between parents and the school.
a. True
b. False
Q:
Part D of the IDEA addresses State Personnel Development Grants, describe the four main purposes of this grant.
Q:
Procedural errors on the part of a school district will always render an IEP inappropriate in the eyes of a court.
a. True
b. False
Q:
Describe the National Research Center in Special Education. Where is it housed? What are its major purposes?
Q:
Under the procedural safeguards rules of the IDEA even minor changes in a child's special education, such as moving the class to a different room in the same building requires notice and consent.
a. True
b. False
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:
Even though the IDEA allows parents who prevail against schools in special education litigation to collect attorneys' fees, courts can withhold these fees to the prevailing parties if they unreasonably protracted the proceedings or brought a frivolous lawsuits.
a. True
b. False
Q:
Briefly describe the funding mechanism of the IDEA.
Q:
When reviewing special education administrative decisions, courts can only review existing evidence and cannot allow the admission of new evidence.
a. True
b. False
Q:
What is reauthorization, and how does it apply to the IDEA?
Q:
When the local educational agency proposes to initiate special education services and placement for a student, his or her parents' consent must be obtained.
a. True
b. False
Q:
In what two ways did Congress attempt to reduce litigation in special education when it enacted IDEA 2004? (P. 109-110)
Q:
Describe the similarities and differences between the terms least restrictive environment and inclusion.
Q:
Describe a manifestation determination. What is the purpose of the determination?
Q:
Describe the model presented in the text for determining a student's LRE.
Q:
What are the differences between "assistive technology devices," and "assistive technology services?"
Q:
Discuss the four factors that should be considered when determining a student's LRE.
Q:
Describe the mediation process and address whether it is mandatory or voluntary.
Q:
In the cases in which school districts have prevailed in choosing more restrictive placements for students with disabilities, Daniel R.R. v. El Paso (1989), Clyde K. v. Puyallup School District (1994), and Hartmann v. Loudoun County Board of Education (1997), what practices did the districts follow that made a positive outcome more likely? What implications can be drawn from these cases to help school districts make educational meaningful and legally correct decisions regarding LRE?
Q:
What is the child find requirement, and what does it mean that it is an affirmative duty?
Q:
Explain Champagne's sequential model for determining placement.
Q:
A primary purpose of Part D of the IDEA is to
a. Justify the law and define terms used in the law.
b. Delineate the educational requirements of the law.
c. Extend the protections of the law to infants and toddlers with disabilities.
d. Fund activities that support the education of students with disabilities (e.g., teacher training programs, research).
Q:
Explain the following statement: The IDEA requires the maximum integration that will work for a student.
Q:
A primary purpose of Part B of the IDEA is to
a. Justify the law and define terms used in the law.
b. Delineate the educational requirements of the law.
c. Extend the protections of the law to infants and toddlers with disabilities.
d. Fund activities that support the education of students with disabilities (e.g., teacher training programs, research).
Q:
Does the LRE mandate of the IDEA apply to nonacademic programs and settings as well as academic setting?
Q:
Until 1990 the IDEA was known as the
a. Education of the Handicapped Amendments.
b. Education for All Handicapped Children Act.
c. Handicapped Children's Protection Act.
d. Improving America's Schools Act.
Q:
Describe the use of supplementary aids and services in placing a student in his or her LRE.
Q:
The primary vehicle or mechanism for providing a free appropriate public education is the
a. procedural requirements of the IDEA.
b. IEP requirement of the IDEA.
c. the related services requirement of the IDEA.
d. the least restrictive environment requirement of the IDEA.
Q:
Explain the following statement: The relative restrictiveness of an educational environment can only be determined in light of a student's individual needs.
Q:
The primary purpose of involving parents in the IEP process is to
a. ensure an opportunity to provide input regarding the development of the IEP.
b. ensure that the school informs them about the services their child will receive.
c. to assess the strength of the family system and to judge the adequacy of the home environment.
d. to minimize the likelihood that parents will file a complaint regarding their child's special education.
Q:
When determining LRE, can the IEP consider a student's effects on the education of other students? If so, how? If not, why not?