Q&A Hero

Q: The Elementary and Secondary Education Act dramatically increased the role of the federal government in education. a. True b. False

Q: IDEA 2004 eliminated the federal requirement that IEPs include a. transition plans b. benchmarks and short term objectives c. present levels of academic achievement and functional performance d. supplementary aids and services

Q: Section 504 prohibits discrimination against persons with disabilities in any public or private institution. a. True b. False

Q: There is probably less substantive compliance with which of the following IEP requirements than any other: a. The assessment process prior to the IEP meeting. b. Attendance at IEP meetings c. Evaluating a student's progress toward his or her annual goals. d. The child's present level of academic achievement listed in the IEP.

Q: Section 504 and the Individuals with Disabilities Education Act only serve persons with disabilities between the ages of three to 21. a. True b. False

Q: The most common mistakes that IEP teams make regarding transitions services are (May be more than one answer) a. neglecting to include transition services in the IEPS of students who are 16 or older. b. failing to include the necessary transition personnel in the IEP meeting. c. neglecting to include transition services in the IEPS of students who are 14 or older. d. writing trivial or meaningless transition plans.

Q: The Education of All Handicapped Children Act was the first federal civil rights law to protect persons with disabilities. a. True b. False

Q: IDEA 2004 requires that which of the following components of the IEP be based upon "peer-reviewed research" whenever possible. a. The present levels of academic achievement and functional performance b. Measurable annual goals c. Special education services d. All of the above.

Q: Even though compulsory attendance laws had been passed by the early 1900's, states continued to enact statutes authorizing school officials to exclude students with disabilities. a. True b. False

Q: When an IEP team places a student with disabilities in a private school, the IEP is the responsibility of the a. referring school b. receiving school c. The state department of education d. All of the above.

Q: The primary purpose of Section 504 was to provide funding to states that prohibited discrimination against persons with disabilities. a. True b. False

Q: A student's IEP must be reviewed, and if necessary revised, at least a. every six weeks. b. twice annual. c. annually. d. every three years.

Q: Students with disabilities were not included in No Child Left Behind accountability provisions as a subgroup. a. True b. False

Q: Which of the following components is not required in every IEP? a. A statement of the child's present level of academic achievement and functional performance. b. A statement of measurable annual goals and how they will be measured c. A statement of special education services. d. A statement of the behavior intervention plan.

Q: According to the President's commission on Excellence, scientifically based programming would mean that special educators would use instructional strategies and methods that were based on solid evidence. a. True b. False

Q: Annual Goals in the IEP must a. be measurable by standardized achievement tests. b. include benchmarks or short-term objectives that must be rewritten every year. c. correspond to the child's present level of academic achievement and functional performance. d. All of the above.

Q: The history of special education can fairly be characterized as a movement from access to quality and accountability. a. True b. False

Q: Which of the following is not required by IDEA to ensure that parents are present at an IEP meeting? a. Parents must be given sufficient notice of the IEP meeting. b. Parents must be notified at least 2 weeks in advance of the IEP meeting. c. School personnel must work with parents to hold the meeting at a mutually agreeable time and place. d. All are required.

Q: As recently as 1958 states continued to enact statutes that authorized school officials to exclude students with disabilities. a. True b. False

Q: Which of the following persons is not required to be in attendance at the IEP meeting? a. The parents or guardians of the child b. The child's special education teacher c. The child's general education teacher d. A representative of the LEA e. The child f. All of the above are required.

Q: Label and describe the parts of the following judicial citations:Board of Education v. Rowley, 458 U.S. 176 (1982)Amanda J. v. Clark County SD., 207 F.3d 877 (9thCir. 2001)Hairston v. Drosick, 423 F.Supp. 180 (S.D.WV 1976).

Q: All components of a student's educational program. Even if they are not part of his or her special education and related services, should be included in the IEP. a. True b. False

Q: Describe four government resources that can be found online.

Q: If the IEP team fails to change instructional procedures when progress monitoring data indicate that a student is failing to progress, such inaction could lead to a ruling that a school had denied the student a FAPE. a. True b. False

Q: Explain the three-stage procedure for conducting legal research described in the text.

Q: Procedural violations in an IEP will automatically invalidate the IEP. a. True b. False

Q: Label and describe the parts of the following citations:34 C.F.R. 303.40429 U.S.C. 794 (b)20 U.S.C.A. 1401(29)In what source can each of these citations be found?

Q: If a teacher is not implementing an IEP as required, the school must take steps to correct the situation. a. True b. False

Q: Describe the three levels of federal courts and the corresponding reporters in which you can find cases. What websites are good sources for opinions from these courts?

Q: A finalized IEP can be presented to a student's parents at the initial IEP meeting. a. True b. False

Q: List and describe the publications for (a) federal district courts, (b) appellate decisions, and (c) US Supreme court decisions.

Q: An IEP meeting can be held without a student's parents in attendance if the school is unable to convince them that they should attend. a. True b. False

Q: In what two sources are federal regulations published?

Q: A student's parents should be informed of their child's progress toward his or her IEP goals at least every six weeks, or as often as students in general education receive a report card. a. True b. False

Q: What is Thomas and what is it used for?

Q: An individual who can interpret the instructional implications of evaluation results is no longer a required participant on the IEP team. a. True b. False

Q: In computer-assisted legal research keywords are very important? Why?

Q: When writing the IEP and determining special education and related services, the IEP team may consider the student's needs with regard to the availability of services. a. True b. False

Q: Explain the following statement: The key to successful full text searching is choose the smallest database possible.

Q: IDEA 2004 requires that when a student moves from one school district to another, the child's former IEP should be implemented until the new district evaluates the child and creates a new IEP a. True b. False

Q: Describe legal blogs (also called blawgs) and how they can be useful in legal research. Are blogs a primary or secondary source?

Q: Describe the procedural and substantive requirements of an initial special education evaluation.

Q: In conducting legal research, it is often easier to begin with secondary sources. What are secondary sources and what are their primary functions?

Q: Describe the independent evaluation (IEE). What are a school district's responsibilities regarding IEEs? How should school district personnel treat the results of an IEE?

Q: What is ERIC and how can it be useful for legal research in special education?

Q: What four elements must be present in a school's assessment process to ensure that multidisciplinary teams conduct thorough and individualized assessments that meet the letter and spirit of the IDEA?

Q: Why are the annotated code versions of the United States Code so useful?

Q: IDEA 2004 does not allow states to require schools to use a discrepancy formula to determine if a student has a learning disability. However, IDEA 2004 does encourage schools to use an evaluation process that determines if a student responds to scientific, research-based interventions. How can such a model be implemented successfully in schools? What are the implications for special education?

Q: List and describe the three categories of primary source material.

Q: IDEA 2004 does not allow a student to be determined to be a student with a disability if his or her problem was caused by a lack of appropriate instruction. What are the implications for special education? What are the implications for general education?

Q: What publication contains Federal Regulations? a. USCA. b. USC. c. CFR. d. S.Ct.

Q: Briefly describe the different purposes of the assessment process.

Q: Which of the following is a secondary legal source? a. United States Code Annotated. b. Journal of Law and Education. c. Federal Supplement. d. Federal Reporter, 2nd edition.

Q: Describe response to intervention (RTI) and prereferral interventions? What are they used for? Describe concerns regarding RTI and evaluation.

Q: Case occurring at the United States District court level can be found in West's a. Federal Supplement. b. Federal Reporter. c. United States Code. d. Code of Federal Regulations.

Q: What is a nondiscriminatory evaluation?

Q: On what page of the court reporter does Daniel R.R. v. State Board of Education, 854 F.2d 1036 (5th Cir. 1989) begin? a. 854 b. F. 2d c. 1036 d. 5th

Q: Describe the necessary qualifications of persons who conduct a special education assessment.

Q: In the citation 300 F.2d 95 (4th Cir. 1986) the level of the court is a. Federal District Court. b. US Court of Appeals. c. US Supreme Court.

Q: Describe medical diagnosis and eligibility determination.

Q: In the citation 300 F.2d 95 (4th Cir. 1986) the volume number is a. 300. b. F. 2d. c. 95 d. 4th

Q: Describe the IDEA's requirements regarding the assessment/evaluation materials.

Q: Which Latin phrase usually means that in the court proceeding there was no opponent? a. Mens rea b. In re c. Actus Reus d. Ipso Facto

Q: The IDEA details specific requirements that must be followed in assessing a student for special education. List and explain some of the major procedural requirements when conducting a special education assessment.

Q: Search engines allow the researchers to a. search using keywords b. use advanced searching techniques c. focus their search by searching within the results of their query d. only b and c e. all of the above

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: The internet is particularly useful because a. it is updated more frequently than law libraries and journals b. information can be accessed very quickly c. the full opinion of some courts is available within hours of announcement d. Only a and b e. All of the above

Q: Explain what the child find system is. Why is it so important?

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 multidisciplinary team? Who should be members of the team?

Q: Only the most prestigious law schools produce law reviews. a. True b. False

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: Supreme Court decisions are published in the reporter abbreviated F. Supp.a. Trueb. False

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: The U.S. Department of Education maintains a webpage that can be very useful to teacher, researchers, students, and parents. a. True b. False

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. Learning disabilities. c. Emotional disorders. d. Intellectual disabilities. e. All of the above.

Q: Florence County School District #4 v. Carter, 510 U.S. 7 (1993) has controlling authority in your state. a. True b. False

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. d. All the above decisions can be made by the IEP team.

Q: Daniel R.R. v. State Board of Education, 854 F. 2d 1036 (5th Cir. 1989) has controlling authority in your state. (Depends on the state). a. True b. False

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.