Legal Basics
What would not be considered protected speech in an educational setting?
A senior history teacher discusses presidential candidates during class to attempt to persuade a newly 18-year-old student to vote for the candidate the teacher supports.
According to the Code of Ethics of Texas Educators, can a teacher be held accountable for material posted on personal social media?
A teacher can be held accountable because the code refers to conduct both inside and outside of school. **teachers can be held accountable for any social media posts no matter when or where they are made**
Teachers are allowed to use some copyrighted material in the classroom using the fair use exceptions. What descriptions would not be covered under the fair use guideline?
A teacher makes 100 copies of a novel for students to use in class and at home. **can't distribute a large amount of the copyrighted material to an audience that could financially impact the creator**
The Texas Education Code (TEC) sets legal standards for all schools in the state of Texas. What schools are required to abide by these laws?
Any public school that receives taxpayer funds. **all public school receive taxpayer funds and must abide by the TEC** (NOT any public or private school in Texas because private school do not receive taxpayer funds)
A student has recently been acting out in class more than usual. He makes inappropriate comments and yells out incorrect answers to confuse students. The teacher wants to initiate a Behavioral Intervention Plan (BIP). What should she do first?
Ask a parent or guardian for permission to screen Leo using a Functional Behavior Assessment (FBA).
A teacher notices a student has bruises on her arms. When the teacher privately questions the student about them, she does not have a consistent story about how she got them. What should the teacher do first?
Contact child protective services or law enforcement within 48 hours. **legally obligated to report suspected neglect or abuse** (NOT talk to the principal or counselor and see what they know about the family because their input is not the first priority, but she should let the principal know that she is making a report)
A student finds a chart on a website while doing research and wants to include the chart in her research paper. What should she do?
Copy and paste the chart in the paper, citing the source. **has to be properly cited**
A student with disabilities is enrolling in a new school. In order to prepare for this new student, the school should understand the legal rights of the student and the responsibility of the school to:
Deliver instruction to the student in the least restrictive environment (LRE).
What requires that schools keep student information and records confidential?
Family Educational Rights and Privacy Act (FERPA). **applicable to all schools that receive funds from the U.S. Departments of Education**
The parents of a student with disabilities have complained that their student is not getting the services they need. What accurately describes the rights of students and parents in a dispute with the school?
If they cannot reach an agreement with the school or school district, they are guaranteed due process to resolve the dispute.
The teacher requests that the special education teacher observe and conference with her regarding appropriate instructional strategies. What is the best response that the special education teacher can offer?
Observe and recommend the RtI process.
Family Education Rights Privacy Act (FERPA) gives parents access to all of the following except: - report cards - personal notes from teachers - attendance records - special education records
Personal notes from teachers. **teachers notes are not part of a student's record**
A third-grade student with learning disabilities requires constant redirection when working in collaborative groups. The teacher requests the special education teacher begin the initial evaluation process. What is the best response to provide the general education teacher?
Refer the teacher to the RtI process.
The fifth-grade ELA teacher informs the special education teacher that RtI is a means to place students into special education. All of the following are appropriate responses except:
RtI is the first step to the special education referral process. **it is not the first step**
Martin is a fourth-grade student who has Attention Deficit Disorder (ADD) and needs to be in a quiet space while taking tests. Which of the following pieces of legislation is best used to ensure Martin is able to get the accommodation for testing that he requires? - Section 504 - IDEA - ADA - FERPA
Section 504 of the Rehabilitation Act. **designed to designate accommodations for student success in general education classrooms. It's available for students with disabilities that do not receive special education services****
What federal mandates helps remove barriers to education by ensuring a free appropriate public education (FAPE)?
Section 504 of the Rehabilitation Act. **protects the rights of children with disabilities and ensure that they have access to a free appropriate public education** (NOT the No Child Left Behind Act because that just holds schools accountable for students learning and achievement)
A teacher wants students to access a password-protected website at home for an assignment. Before giving out login credentials, the teacher should consult the:
Site license guidelines. **it may not be allowed to use the site outside of the school** (NOT the acceptable use policy)
What situations is an example of students using their First Amendment rights in the classroom?
Students debate the use of stem cells in medicine and research. **1st Amendment protects free speech and students can engage in expressing their views during a debate**
A teacher finds a cell phone that she believes belongs to one of her students. This students phone was already taken away in class after he texted a classmate and disrupted the class. What should the teacher do?
Take the cell phone to the administrator's office to be picked up by the student.
A new student recently moved from Mexico and her special education testing was done in Spanish. During the initial ARD committee meeting, they address accommodations for the classroom and STAAR test. What other test should be included in the IEP documents for accommodations?
Texas English Language Proficiency Assessment System (TELPAS). **because she is a student with limited English proficiency**
An elective teacher has concerns about a student and asks the school counselor to see the child's file. The school counselor checks that this student is in the teacher's class and asks the teacher to sign an access log. What federal mandates protects the child's file?
The Family Educational Rights and Privacy Act (FERPA) of 1974.
In discussing the state assessment, State of Texas Assessment of Academic Readiness (STAAR), the parent wants to understand how it would be supported in the IEP. Which response should the ARD committee chair offer the parent?
The IEP objectives closely align with the STAAR assessment for all students. **IEP objectives correlate with STAAR standards and TEKS** (NOT the IEP objectives are independent of the STAAR assessment and based solely on individual academic needs)
How should the Texas Essential Knowledge and Skills (TEKS) be reflected in a student's Individualized Education Program (IEP)?
The IEP objectives should try to align as closely as possible with the appropriate TEKS. (NOT the IEP objectives should match the TEKS without deviation except for legally required deviation)
What is an accurate statement concerning the guidelines for record keeping?
The rules concerning records can vary by state, but accuracy and confidentiality are universal.
What is not considered to be a parent?
The student's long-term babysitter or nanny. **they do not legally represent the interests of the student**
True or False: The transition plan for a high school student is reviewed and updated every year during the annual Admission, Review, and Dismissal (ARD) committee meeting?
True, this is a requirement of the IDEA and the Texas Education Code. **the special education teacher implements the procedures needed to facilitate the transition process**
In which of the following situations would a Behavioral Intervention Plan (BIP) be appropriate for the student?
- A student is always rushing through work and submitting incorrect answers with repeated careless mistakes. - A student is consistently late for school with difference excuses. **created for consistent lateness, even if the parents are causing the children to be consistently late** (NOT a student being diagnosed with ADHD because a 504 plan would be made for a student with a disability)
To avoid plagiarism, a student should give credit whenever he/she does which of the following?
- Use another person's idea, opinion, or theory. - Paraphrase a person's spoken or written words. **necessary to give credit when expressing another person's thoughts even if they are paraphrased** (NOT when including facts that are common knowledge)
The LEA has the responsibility to identify, locate, and evaluate all students who reside in the state of Texas who are in need of special education or related services, including students enrolling in private schools. At what age can children begin receiving services?
Birth.
Which of the following exceptionalities does Section 504 of the Rehabilitation Act of 1974 not protect? - dyslexia - mild hearing loss - giftedness - ADHD
Giftedness. **not considered a disability for which a child needs additional rights to ensure educational equity** (ADHD is protected by this act)
Students express their concern that they may not be able to fulfill all the project requirements because of their limited means. The teacher can best respond and meet the needs of the students using which of the following strategies?
Place students into small groups that consist of students of varying means and abilities while also structuring class time so all students have equal access to the school's equipment. It will be important to let each student know the after-school hours available to access the school resources. (NOT give each student a clear set of written instructions for the project so they can reference the expectations throughout the activity)
During lunch, there are four teachers in the lounge eating. One teacher begins discussing a student's academic issues, which she believes are affected by the student's home life. This discussion is considered:
Unethical because it breaches privacy laws.
Child Find is a section of the Individuals with Disabilities Education Act (IDEA) that requires local education agencies to:
Use appropriate channels to locate, assess, and provide services to children with disabilities. **identify young children with disabilities who can be served by local education agency. This includes pediatricians, early intervention services, and state healthcare providers**
