SPED LAW (4110) Final

Which of the following are NOT subject to the ADA?

*None of the above*

In which of the following ways does Section 504 differ from the IDEA?

*All of the above*

ESSA's testing requirements for students with disabilities states that no more than _____ of students with the most significant cognitive disabilities can be tested via alternative measures.

1%

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.

10%; 90%

The ________________ Amendment to the constitution has become the legal basis for decisions in special education.

14th

Rank the following settings on the continuum of placements in terms of the degree of restrictiveness of the setting (least-1 to most-4) self-contained classroom regular classroom special school hospital setting

2,1,3,4

It is required that a reevaluation be conducted every:

3 years

According to IDEA 2004 the federal time frame to complete an evaluation after parental consent has been received is:

60 days

Approximately _____ of all public school districts and _____ of all public schools in the United States receive Title I funds.

90%; 60%

Which of the following components is not required in every IEP?

A statement of the behavior intervention plan.

A judge's written opinion usually contains:

A summary of the case and a statement of the facts An explanation of the court's reasoning and a record of the decision

Every notice sent to parents relating to identification, evaluation, or placement must contain which of the following?

A. A description of the action proposed. B. A full explanation of procedural safeguards. *Both A and B*

School district responsibilities regarding an independent educational evaluation (IEE) include which of the following:

A. Informing the parents where they may obtain an IEE. C. considering the results of an IEE. *Both A & C*

Prior to 1975, students with disabilities access to educational opportunities were mainly limited because:

A. Often students with disabilities were completely excluded from public schools B. Those students with disabilities admitted to schools did not receive an appropriate education *Both A and B*

ESSA requires states to develop academic standards for all students in the areas of

A. math and reading C. science *Both a & c*

When an IEP teams a placement decision, which the following factors may be considered in deciding on a student's placement?

A. the student's IEP B. proximity of the proposed placement to the student's home school C. the availability of services in the proposed placement. *A, B, and C*

School districts that employ more than 50 persons must take the following actions to meet the requirements of the ADA.

Appoint a compliance coordinator. conduct a self-evaluation Correct deficiencies uncovered during the self-evaluation *all of the above*

In 1990 what two disability categories did IDEA add?

Autism and traumatic brain injury

The IDEA reauthorizations in 1997 and 2004 were different from the original EAHCA because increased emphasis was put on the statement of goals in the IEP that required that the IEP must

B. accurately measure and report student progress. C. clearly describe how the goals will be met. *Both b and c.*

Which of the following conditions are excluded from coverage under the ADA?

B. pregnancy C. compulsive gambling *both b & c*

Though its most direct effect was the tremendous impact on societal rights for minorities, the _______________ decision provided impetus for subsequent legislation and litigation granting students with disabilities the right to a free appropriate public education

Brown v. Board of Education

Which of the following persons are protected under Section 504?

Children with ADHD School employees with disabilities Parents with disabilities Aged persons with disabilities *All of the above*

The Handicapped Children's Protection Act overturned the decision of the U.S. Supreme Court in Smith v. Robinson, and made it possible for familes to:

Collect attorney's fees

Which one of the following advocacy organizations WAS NOT founded by parents:

Council for Exceptional Children

Which of the following levels of courts has the power the deny appeals?

Court of Last Resort

Which of the following cases vacated a prohibition against using IQ tests in placing African-American students in all special education placements?

Crawford v. Honig

A primary purpose of Part B of the IDEA is to

Delineate the educational requirements of the law.

Which of the following settings is never the least restrictive environment for any special education student?

Mainstream Institutional settings Homebound instruction Self-contained setting *None of the above*

The Council for Exceptional Children (CEC) is an organization that is a major force in:

Developing innovative educational programming Pre- and in-service teacher education Policy making and lobbying efforts *All of the above*

When making an eligibility determination, the multidisciplinary team must do which of the following in making the eligibility decision?

Draw on the results of all the information gathered. Ensure that the information is documented and carefully considered. Rely on the team's professional judgment. *All of the above*

Until 1990 the IDEA was known as the

Education for All Handicapped Children Act

Which of the following has been determined not to be a disability under Section 504?

Emotional Disturbances Specific Learning Disabilities Orthopedic Impairments Communicable Diseases *All of the above have been determined to be disabilities*

There is probably less substantive compliance with which of the following IEP requirements than any other:

Evaluating a student's progress toward his or her annual goals.

Which of the following is a misinterpretation of the concept of least restrictive environment?

Every school district must have a total continuum of alternative placements available from which to choose the appropriate placement.

ESSA specifies three basic requirements that public school teachers must meet to be highly qualified.

False

IEP teams must consider academic benefits of general education v. special education, but do not need to consider non-academic benefits.

False

Under ESSA, teacher evaluations are linked to student performance on statewide assessments.

False

Which of the following does not have the force of law?

Federally issued guidelines

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

Free appropriate public education.

A primary purpose of Part D of the IDEA is to

Fund activities that support the education of students with disabilities (e.g., teacher training programs, research).

The primary vehicle or mechanism for providing a free appropriate public education is the

IEP requirement of the IDEA

The case in which the U.S. Supreme Court first addressed the issue of related services and the IDEA was

Irving ISD v. Tatro

The California case that prohibited the use of intelligence tests as the sole criteria to place African-American children in classes for mentally retarded was

Larry P. v. Riles.

A class action suit that resulted in a mandate that all students with disabilities be provided with an appropriate publicly supported education was

Mills v. Board of Education

Which agency is responsible for approving states' special education plans and releasing IDEA funds accordingly?

Office of Special Education and Rehabilitative Services.

An area of similarity between Section 504 and the IDEA is that both emphasize

Placement in the least restrictive environment.

The Education of All Handicapped Children Act of 1975 was popularly known as

P.L. 94-142

It was primarily by the efforts of ______________________ that educational rights children with disabilities were recognized and eventually mandated.

Parents

Which of the following is not required by IDEA to ensure that parents are present at an IEP meeting?

Parents must be notified at least 2 weeks in advance of the IEP meeting.

Which of the following cases was resolved by a consent agreement specifying that all children with mental retardation must be provided a free public education?

Pennsylvania Association for Retarded Citizens v. Pennsylvania

What is another term for 'stare decisis'?

Precedent

The role of the federal government has evolved from primarily ________ to ________.

Providing financial assistance to holding states accountable for educational results.

The federal courts have determined which of the following can be related services if they are necessary to assist a child to benefit from special education?

Psychological services Cochlear implants Health services provided by a school nurse Counseling *All of the above*

Too often, schools have used programs and practices based on fads, fancy, and personal bias, which have proven to be ineffective. Where as, __________ have been proven to be effective.

Scientifically-based programs

A child with disabilities who needs related services but does not require special education is protected under which of the following?

Section 504

IDEA 2004 requires that which of the following components of the IEP be based upon "peer-reviewed research" whenever possible.

Special education services

In 1990 the name of the Education of All Handicapped Children Act was changed in the

The Individuals with Disabilities Education Act

Which of the following administrative agencies monitors compliance with Section 504 of the Rehabilition Act?

The Office of Civil Rights (OCR) of the Department of Education

Which of the following adminstrative agencies monitors LEA and SEA compliance with the IDEA?

The Office of Special Education Programs (OSEP) in the U.S. Department of Education

Which of the following factors (from Rachel H.) was the most important to the court in the Clyde K. decision?

The effect of the student on the education of others.

________ of the IDEA requires that parties only attempt judicial appeals after completing the law's administrative remedies.

The exhaustion doctrine

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.

Two tiered system.

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?

The student will participate in state or district-wide evaluations. The student will participate in state or district-wide evaluations with modifications or accommodations. The student will not participate in state or district-wide evaluations. *All the above decisions can be made by the IEP team.*

ESSA explicitly forbids the federal government from requiring states to adopt the Common Core State Standards as a condition of receiving federal financial aid.

True

ESSA requires that all students, regardless of disability, must participate in statewide assessments.

True

Which of the following is not a requirement when assessing a student for special education?

Using assessment materials that have been validated for the specific purpose for which they are being used. Providing and administering assessments in the student's native language or mode of communication. Tailoring the assessing to access specific areas of educational need. Using multiple procedures as criteria to determine a FAPE. *All the above are required.*

According to the Supreme Court in Rowley, IDEA established a "basic floor of opportunity." The court defined this as

a guarantee of meaningful access to special instruction & related services.

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 party can only be the prevailing party for purposes of awarding attorney's fees if the party achieved the desired result in the courts.

The role of the federal distirct court differs slighly in special education cases because:

all of the above

A bright-line test is

an clear test for developed by higher courts to assist lower courts in making decisions.

A student's IEP must be reviewed, and if necessary revised, at least

annually

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?

autism emotional disorders learning disabilities intellectual disabilities *All of the above*

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

autism emotional disorders learning disabilities mental retardation *all of the above*

Which of the following are/is NOT a related service(s) that needs to be provided under the IDEA?

b. Transportation to an out of district school if needed to provide an appropriate education when the parents have unilaterally made the placement. c. Vision therapy provided by an ophthalmologist to correct a visual-perceptual problem. *Both B & C*

IDEA 2004 eliminated the federal requirement that IEPs include

benchmarks and short term objectives

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

compensatory education.

Annual Goals in the IEP must

correspond to the child's present level of academic achievement and functional performance.

Procedural safeguards give parents the right to challenge

elated services provided to their child. placement, LRE. the identification of their child as having an IDEA-eligible disability. *All of the above*

The primary purpose of involving parents in the IEP process is to

ensure an opportunity to provide input regarding the development of the IEP

The IDEA does NOT require that states provide special education services to students labeled

gifted and talented

According to the two part Daniel RR test, in judging a school's compliance with LRE the court first must ask whether the child could be educated in the regular classroom with aids and services and if they cannot, the court must ask

has the child been mainstreamed to the maximum extent appropriate.

If a student is placed out of the school district by his or her home school district, the ___________ assumes financial responsibility for the education of the student.

home district

A court can compel a school district to either start or stop a certain practice by granting

injunctive relief.

Although the results of LRE litigation varies, all the cases reviewed in the text (e.g., Roncker, Greer, Daniel R.R., Rachel H., Clyde K, Hartmann) have indicated that

mainstreaming is not required in every case.

The most common mistakes that IEP teams make regarding transitions services

neglecting to include transition services in the IEPS of students who are 16 or older. failing to include the necessary transition personnel in the IEP meeting. writing trivial or meaningless transition plans. All of the above

The ability of a well reasoned court decision to influence decisions of courts in different jurisdictions is

persuasive authority

To identify students with learning disabilities, IDEA 2004 encourages school districts to use processes to determine whether a student responds to

research based interventions.

When determining the LRE for a student, IEP teams should

provide services to allow the student to remain in the regular classroom (e.g., supplementary aids and services). consider the entire continuum of placements options when determining the student's placement. integrate the student in integrated settings whenever possible (if the student is being placed in a more restrictive setting). consider special school placements if necessary *All of the above*

In determining the LRE for a student IEP teams should

provide support services to allow the student to remain in the general education classroom (e.g., management plans, paraprofessionals). consider the entire continuum of placements in making the placement. integrate students who are in more restrictive settings whenever possible, including nonacademic settings (e.g., physical education, lunch). *All of the above*

Although __________ have been held to be unavailable under the IDEA they may be under Section 1983 of the Civil Rights Act.

punitive damages.

Modifications to the job or work environment that will remove barriers and enable individuals to perform a job are called:

reasonable accommodations

When an IEP team places a student with disabilities in a private school, the IEP is the responsibility of the

referring school

Who makes the LRE determination?

the IEP team

In addition to the federal standards that the local education agency must meet, the IDEA includes a requirement concerning state educational agency standards. According to this requirement, if state standards exceed the federal standards

the LEA must follow the state standards.

Which of the following persons is not required to be in attendance at the IEP meeting?

the child

Assistive technology might be required in accordance with

the least restrictive environment mandate of the IDEA. the related services mandate of the IDEA. the FAPE mandate of the IDEA. Section 504. *All of the above*

In a judicial review of an administrative decision the burden of proof will usually be on

the party seeking to overturn the administrative hearing.

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_____________.

the schools have an affirmative duty to locate and serve must find students with disabilities; students must self-identify.

In extended school year (ESY) cases, school districts have been ordered to provide ESY services when

the student with disabilities would be harmed an interruption of services

Parents who placed child with a disability in a private educational facility were later awarded reimbursement for the placement by a court that determined that the school district had proposed an inappropriate IEP.

tuition relief.