Special Education Practices: Professional, Ethical and Legal Guidelines- D228
Which court case ruling led to the IDEA principle of "zero reject?"
PARC v. Commonwealth of Pennsylvania
What are the requirements for informing parents of the Procedural Safeguards, according to the provisions of IDEA?
Parents must be advised of the Procedural Safeguards at least once a year.
Which part of the Individuals with Disabilities Education Act (IDEA) deals with providing special education services to school-age students?
Part B
What is required of parents during the IEP process?
Participating in decision-making with the IEP team
A kindergarten student, Malik, is having difficulty with emotions and behavior that are negatively affecting his school environment. The school staff calls a planning meeting with Malik's parents to determine ways they can help him at school. Malik's parents invite his private therapist to the meeting. Two weeks after the meeting, the therapist recommends that Malik be tested for special education. The school denies the request for testing since it did not come from Malik's parents.Which part of IDEA has been violated in this scenario?
Persons with knowledge about a student may make a referral to determine eligibility for special education services.
A special education teacher is co-teaching with a social studies teacher. While taking an exam, a student with a disability asks the social studies teacher to have the exam read aloud as allowed in the student's IEP. The social studies teacher refuses, asserting that the student needs to work harder.What is the ethical responsibility of this special education teacher?
Remind the social studies teacher of the agreed-upon accommodations in the IEP
Across the hall are two teachers whom you work with closely and are also good friends. The three of you are discussing the dread of "IEP season" and how creating new goals and performance levels is tedious work. One of the teachers suggests everyone get together in the teacher's lounge after school to complete all the IEPs at once and support each other. What is the next step in response to this collaboration?
Remind the teacher that any information in the IEP that identifies the student is confidential and should only be shared with those on the IEP team who are working with that specific student
The administrator calls a staff meeting one week before the statewide assessment period. The administrator informs everyone at the meeting that students who seem to struggle with multiple-choice items can be given simple clue prompts but not the obvious answer. Which action can a teacher take that supports professional ethics?
Report the meeting and information to an administrator and human resources because the suggestion constitutes violation of multiple rules and laws.
If a teacher identifies potential discrimination between another teacher and a student, which action is ethically responsible?
Reporting the incident to an administrator
A student with a physical disability performs above average or at the top of the class in most subjects. One of the student's parents asks the teacher to remove the accommodations for the physical disability because they are embarrassing. What should the teacher do?
Request a conference with the parents and appropriate stakeholders to further address the situation before any decision is made
Mara is an eighth-grade student who was diagnosed with a learning disability in mathematics in third grade. She has been going to the resource room during math time and has made significant progress over the past four years. Mara's teachers feel that she should receive services in a general education classroom with accommodations, but Mara's parents are upset and feel that she should continue to receive math in the resource room as outlined in her IEP. The team met, and a consensus could not be reached. Since an agreement could not be made, the IEP team determines their data support placement in the general education classroom, which meets Mara's needs in the least restrictive environment. They know Mara's parents do not agree. What should the parents do next if they are adamant that Mara needs additional services?
Request for mediation.
What is an appropriate accommodation for statewide testing for students with disabilities?
Scheduling additional breaks
Sue is a fourth-grade student who has been referred from the child study team (CST) to the multidisciplinary team (MDT) for a suspected disability. She is reading two years below grade level, struggles to write legibly, appears to fall more frequently than her peers, and is often noncompliant when it is time to transition between activities. Her parents are very concerned. Who should be part of the MDT that will assess Sue?
School psychologist, classroom teacher, physical therapist, occupational therapist, behavioral consultant, special education teacher, parents
What is the maximum number of days a student with an IEP can be suspended without having to consider a change in placement?
10 days in total
If a student is suspected of having a learning disability, how long do schools have to complete an evaluation under the provisions of IDEA?
60 calendar days after receiving parental consent
What is Child Find?
A mandate under IDEA that requires individual states and LEAs to actively identify individuals with suspected disabilities from birth to 21 years old.
What is required for a student to qualify for protection under Section 504?
A physical or mental impairment that substantially limits one or more major life activities
Which student should be referred to determine eligibility for special education services under IDEA?
A student who is behind two grade levels in math and has not made progress despite response to intervention strategies but excels in all other subjects
Which age range of students is protected under the Individuals with Disabilities Education Act (IDEA)?
Ages 3 to 21
Which professionals are held to the standard of professional development when it comes to accommodation for students with special education needs in the school and the classroom?
All personnel at the school should continue learning about the accommodations required by the students at their school.
Which group is included in the FAPE ruling under IDEA?
All school-age children with disabilities
A special education teacher keeps excellent records for all of his students, which are stored in an expandable file folder on his desk for easy access. One day, a custodian knocks over the file folder. While picking up the files, the custodian remarks he did not realize a specific student was in special education. The teacher says that the students are none of his business and that he cannot discuss particular students with him. Which rule about special education records did the teacher fail to follow?
All special education records should be kept in a locked location.
A student with an emotional disability transfers to a new school. The student's IEP requires a service dog be allowed as an accommodation. This is the first time a service animal has been allowed at school. This accommodation is being questioned by multiple school staff members. An IEP meeting has been scheduled to review the appropriateness of the accommodation in the new setting. How should the accommodation be handled until the IEP meeting takes place?
Allow the service dog until the IEP team makes a determination
Kamal was just tested by a school psychologist for a possible intellectual disability. The results indicate that he has an intellectual disability and qualifies to receive services, but his parents disagree with the results because they do not understand.What should Kamal's parents do next?
Ask the school psychologist to fully explain the results from each assessment administered
What did Larry P. v. Riles (1979) find regarding standardized tests used for assessment and placement in special education?
Assessment testing biases result in discrimination of students from different cultural, social, and linguistic groups.
What did Hobson v. Hansen determine about using standardized aptitude tests for special education assessment and placement?
Assessments, ability tracking, and ability grouping systems cannot be culturally or racially biased.
In which situation would the school be required to receive parental consent?
Before conducting an initial evaluation for a child who is suspected of having a disability
Which education model would support examination of a student's medical history to obtain insights about present behavior?
Biophysical model
Two students have reading and math instruction pull-out services with a special education teacher as the specialist per their IEP requirements. The general education teacher has started scheduling activities making pulling the students out difficult, causing the students to miss specialized instruction.What information should the special education teacher share with the general education teacher?
Both students are legally bound to the services in their IEPs, and the general education teacher cannot cancel the pull-out services unless a formal decision has been made.
A popular software program designed for struggling readers is used often at your school as an intervention. You notice teachers ask students without reading difficulties to sit next to the struggling readers and help them answer questions correctly. Which response or action should you take?
Bring the problem to the attention of your superior or principal. This is a misuse of specially designed services for specific students to improve reading.
The clause "It is inherently unequal to educate students with disabilities in separate facilities" helped give educational opportunities to students with disabilities.Which famous court case did this clause come from?
Brown v. Board of Education
How can special education teachers strengthen active listening skills?
By practicing active listening often and seeking mentorship
Which federal program may provide health insurance for students with disabilities?
CHIP
A highly qualified teacher with 15 years of experience at a school is respected by peers, consistently receives positive evaluations from administrators, and regularly participates in leadership and training opportunities. A new teacher is paired with the experienced teacher for mentorship. The new teacher discovers that the experienced teacher reviews students' IEP goals three months after school begins.What is the ethical responsibility of the new teacher in this scenario?
Call out illegal, unethical, or detrimental behaviors to administrators
What should a special education teacher do prior to creating a behavior intervention plan for a student needing support with behavior issues?
Conduct a functional behavior assessment
Which method is an appropriate implementation of screening for multitiered systems of support (MTSS)?
Conducting universal screening early in the year
Lucas, a third-grade student, has just been diagnosed as having a reading comprehension learning disability. His reading teacher sends home reading passages daily so that Lucas's reading skills can improve, but Lucas informs his teacher that his mother will not help him. Lucas's mother sends the teacher a note stating that she does not have time to assist Lucas and that he needs to complete schoolwork at school. What should the teacher do next?
Contact Lucas's mother to discuss the issue
After completing the year as a new teacher, you are pleased to find out that many of your students have positive praise for you. As class rosters are being completed for the upcoming new year, you discover students assigned to you next year have behavioral and emotional challenges. You ask the principal for clarification. The principal explains that she collaborated with the special education teacher and determined that you would be the appropriate fit based on student needs, teaching styles, and learning styles. As a new teacher, you feel that you are not qualified due to lack of experience or formal training working with students with emotional and behavioral challenges.What response aligns with standards of the profession?
Contact the administrator and request a review of the student's records. Advocate for a special education evaluation on the basis that the student needs additional educational and learning support.
A fifth-grade student receives special education services for a learning disability. His parents have recently divorced, but they both share equal custody of the student. The special education teacher speaks to the mother about an upcoming IEP meeting. The mother agrees to come to the meeting, but she tells the teacher not to contact the father saying, "He won't come anyway." What should the special education teacher do next?
Contact the father because parents who have custodial rights have the right to be at an IEP meeting
When providing informal and formal testing for a student with a suspected learning disability, which criteria must evaluation instruments meet to be appropriate, according to IDEA?
Culturally, linguistically, developmentally, and age appropriate
A special education teacher notices that many general education teachers lack an understanding of how to implement testing accommodations in a virtual environment. Which action should the special education teacher take to promote professional growth and collaboration among colleagues?
Design a presentation to address testing accommodations during a virtual professional development meeting
Which case ensures a student's right to FAPE, regardless of their native language?
Diana v. California State Board of Education
A student in a class enjoys talking and telling stories, which leads to the student speaking out of turn and interrupting the teacher. Some students have complained they do not like how the student is always talking and interrupting activities. What should the teacher do to recognize different levels of engagement styles?
Establish classroom norms for student participation and have students agree to them and hold each other accountable to them
A student with a physical disability has recently started attending the local middle school. The student is from a racial minority background, and the parents are non-English-speakers. Through a translator, the parents repeatedly tell the teacher they are extremely sorry he is being punished by having to teach their child, and they are ashamed.How should the teacher respond in order to appropriately collaborate with the parents?
Exhibit understanding and then advocate for the student by sharing that many students with physical disabilities are successful
A first-grade student with a disability sometimes forgets to take medication before coming to school. The student's parent asks a special educator to administer the medication occasionally.Which action should the special educator take?
Explain that medical professionals are the only ones who can administer medication at school
A teacher has recently started teaching at a new school. The principal informs the teacher that the school has a new resource room; however, due to insufficient space, the teacher should not make recommendations for new students to be placed in the room.How should the teacher respond?
Explain that students with disabilities who show a need for the resource room on their IEP must have access by law
Ms. Anderson is a tenth-grade special education teacher teaching in a virtual environment. Barry, a virtual student on the autism spectrum, video chats her in tears. He is upset because he forgot to complete his math homework, and he will lose points. Even though he has an IEP, there is no accommodation for late work. What is the ethical thing to do?
Explain to Barry that as unfortunate as it is to forget to do your homework, there are consequences for doing so.
Which option ensures that students learning in a virtual environment have access to high-quality accessible learning materials and tools?
FAPE
A teacher has learned about a reading intervention for students with disabilities. The program has evidence-based results of improving learning outcomes. The teacher asks a colleague about his students' disabilities to see if his students could also benefit from this program. Which law or ethical standard is this teacher violating?
FERPA
Hiro is an eighth-grade student. An eligibility meeting has been convened to discuss the data gathered for him. Hiro's school psychologist states that the IEP team has determined Hiro does not have a learning disability; therefore, he does not qualify for special education services. According to the data and his teachers, Hiro can respond and complete classwork without interventions. The parents disagree because Hiro does not receive high grades.How should this team explain their decision to Hiro's parents?
Hiro's academic achievement must be significantly lower than his intellectual ability despite differentiated instruction and intervention.
Congress passed FERPA as part of which major law?
IDEA
Which law states that procedural safeguards and due process require written notification?
IDEA
What significant ruling for special education came from Larry P. v. Riles (1979)?
IQ assessments cannot be used as the sole basis for identifying students with a disability.
By law, infants and toddlers with disabilities must have a plan developed for them as part of the early childhood special education program.What is the name of this plan?
Individualized Family Service Plan (IFSP)
You have been hired as a secondary teacher and are highly qualified in math but you do not have an endorsement in special education. Your principal has shared that you will be temporarily assisting in a self-contained virtual classroom for a few weeks due to staffing issues. The principal also shares that after a few weeks of this assignment, there will be consideration for next steps but does not specify further. Which response would align with special education professional standards and practices?
Inform the principal that this personnel structure does not represent an accurate fit of your experience and education and that you need confirmation from other administrators for this assignment before work begins.
A student is preparing to switch from a special education classroom to a general education classroom.What will the student need to adjust to?
Less individualized attention from the teacher
Ms. Myers is a kindergarten special education teacher. For the past four years, she has supervised three paraeducators in her classroom each day who are working on their teaching degrees. Ms. Myers is swamped this year with students and evaluations. She instructs the paraprofessionals to complete the annual IEP paperwork for Brianna and Thomas. She contacts the parents and Brianna's mom thought this was acceptable, but Thomas's dad did not. How should Ms. Myers proceed?
Ms. Myers should do the IEP paperwork herself.
Ms. Smith is a sixth-grade special education teacher. On a social media site, she complains about one of her students, Terrance, and calls him by name. The next day, the principal approaches Ms. Smith with a screenshot of her post sent to him anonymously. How should Ms. Smith proceed?
Ms. Smith should apologize to Terrance's family for the offending post and remember to keep student names confidential.
A student with both written and expressive language disabilities is taking a geography class.What would be a practical alternative to traditional testing for this student?
Multiple-choice tests
Mr. Lakely, a special educator, has been absent for numerous days this school year due to an illness. His paraeducator, Mrs. Lane, has been the substitute in his class while he has been absent. Then the principal informed Mrs. Lane that she would be the designated substitute for the remainder of the school year.Is this an appropriate role for the paraeducator?
No. Paraeducators cannot serve as substitute teachers for a classroom under any circumstances.
During a school-wide screening as part of a multitiered system of support (MTSS), a teacher notices that a student's results are well below grade level in reading. This student is new to the school, but the parents report the student had no issues at the previous school.What should the teacher do next?
Notify the parents of the results so they are well informed throughout the process
A student has been referred for testing to determine eligibility for special education services. The special education teacher receives parental consent for testing on August 14th. According to the provisions of IDEA, by which date must an initial evaluation for this student be complete?
October 13th
What are three symptoms that are typically experienced by a student with attention deficit hyperactivity disorder (ADHD)?
Struggling to sustain attention Being easily distracted by extraneous stimuli Having difficulty remaining physically still
Which three conditions are necessary for students to be considered eligible for special education services?
Students must require special education services because of their disability. Students must have one of the disabilities identified under the Individuals with Disabilities Education Act (IDEA) eligibility categories. Students must experience an adverse educational or functional impact due to a disability.
What is covered under a least restrictive environment?
Students with disabilities should spend as much time as possible with peers who do not receive special education.
A student has a nickname that her parents use instead of her legal given name because it is easier for her to pronounce due to her speech disability. When she is in class, her teacher uses the given name despite the student asking to be called by her nickname. When you learn of this situation, which action should you take to advocate for the student?
Talk with the teacher to understand the reason why the teacher uses the given name of the student. Advocate for the student and parent preference of using the nickname to honor, embrace, and respect the family.
What is a public school required to do under the provisions of FAPE?
Teach a student with special needs in the least restrictive environment
What effect would special education teachers learning about their own cultural biases and differences have on practice in the classroom?
Teachers would be less likely to unintentionally and unlawfully discriminate among students with disabilities.
A middle school student is administered a test according to school policy and in compliance with the student's IEP. Afterward, the science teacher instructs the special educator to retest the student without the IEP accommodations because the science teacher thinks the IEP serves as a crutch for the student. Which action aligns with the CEC Code of Ethics?
Tell the science teacher that the test cannot be retaken because the student's IEP allows for certain accommodations and the current test with those accommodations stands.
Anna, a middle-school student, has just started at a new school in the middle of the school year due to her parents relocating for a new job. Anna's first language is French, but she is near fluent in English. The school she had previously attended had a French/English bilingual education program. Because Anna has dysgraphia, she received special education services at her previous school. What happens to Anna's IEP and services after transferring to the new school?
The IEP and services stay and continue with Anna until a new evaluation is completed if the state has different requirements regarding evaluation processes.
At an initial IEP meeting for Nancy, the IEP team determines that she meets the criteria for a learning disability. The parents request a tablet computer for Nancy with several programs loaded onto it. The IEP team deems that it would be beneficial for Nancy to have this technology so it is written into the IEP. The administrator agrees but is worried about how to pay for the technology. What is the responsibility of the administrator in this case?
The administrator is responsible for finding the funds to deliver what was agreed to in this situation.
A case conference is set to convene in a few days, and the general education teacher is not going to be available for the conference. The teacher has agreed to provide additional input to help develop the IEP. What is true regarding the general education teacher's attendance at this conference?
The general education teacher can be excused if the parents agree prior to the conference.
The parents of a student with a disability learning in a virtual environment request a copy of their child's IEP from the special education teacher to share with an outside consultant. The teacher is unsure of what is allowed under the parents' rights and responsibilities. What should this special education teacher tell the parents?
The parents have the right to review the IEP at any time.
A second-grade student recently moved to the United States from another country. The student is a non-native English speaker. The school is concerned about the student and refers him for special education testing. The school psychologist administers the intellectual exam in English with the standard time limit. The exam determines that the student is intellectually disabled and qualifies him for special education services. According to Diana v. CA State Board of Education (1970), which student right was violated in this scenario?
The right to be assessed in the student's primary language
Michael is a six-year-old boy with an intellectual disability. Michael eats with a feeding tube two times during the school day. Who should provide the feeding service for Michael?
The school is responsible for arranging for a trained health professional or nurse to feed Michael.
A student returns to school and has a traumatic brain injury after a car accident and now qualifies for special education services under IDEA. The student's parents are not familiar with special education procedures or how the disability will affect daily living skills for their child. What should the special education teacher do in order to support the student and family?
The special education teacher should help educate the family about the effects of the injury on the student's daily living skills and incorporate goals in the IEP to help improve his skills at home and school.
What was the key ruling of Board of Education v. Rowley (1982)?
Schools only have to provide children with disabilities access to education equal to that provided to other children.
Which law eliminates barriers that would prevent students from full participation in programs or services offered to the general school population?
Section 504, Rehabilitation Act of 1973
A student enrolls in a new school, and it is difficult to implement comparable IEP services because the school does not have the same level of resources as the student's previous school. In addition, the parent's primary language is not English. It is necessary to communicate with the parents and discuss an appropriate setting to implement comparable services due to the type of accommodations and environmental modifications needed.What should the special education teacher do to communicate with the parents to ensure the educational setting is appropriate to implement the IEP?
Secure an interpreter to facilitate an IEP meeting with IEP team members present from both educational settings before school starts
What is an advantage of using a co-teaching model?
Special education teachers work with all students.
You approach a middle school student with an intellectual disability sitting in a wet spot on the hallway carpet, which appears to be her own urine. You talk to the student and ask her if she would like you to walk her to the nurse. While talking to her, the special education teacher comes out of her room and tells you to mind your own business and leave her student alone. She also tells you the student urinated on herself to "gain attention." What is the next thing you should do?
Step away from the student and ask the teacher in private if you can help in any way. Explain that you respect the teacher but are worried about the welfare of the student.
An African-American boy with an emotional disorder has an IEP accommodation that allows him to step outside the classroom for three minutes when he feels overwhelmed. The student's grade and behavior have improved significantly, and the teacher feels the accommodation is no longer necessary. What would happen if the accommodation were removed?
The student's access to educational equity would be legally compromised.
Differentiated instruction provides teachers with tools and techniques to meet students' individual real-time needs to effectively access the curriculum. What is an appropriate next action when a student does not respond to these techniques?
The teacher should consider strategies for a more individualized focus for a Tier 2 instructional approach. They should begin collecting data for the student.
The parents of a student with a disability complain that their child is not performing at grade level despite receiving special education services and interventions. What should the special education teacher tell the parents?
They have the right to request a review of their child's IEP.
The parents of a student with a disability are in an IEP meeting for their child. The parents do not agree with the IEP that is presented in the meeting. What should be the first step for these parents?
They should talk with school officials to try to reach an agreement.
What is the role of parents when it comes to the annual IEP review meeting?
To collaborate with the IEP team when determining how best to support the needs of their child
While taking an exam, a student with a disability asks a science teacher for extended time as allowed in the student's IEP. The teacher refuses, asserting that the student needs to work faster. The student tells a special education teacher about the issue. What is this special education teacher's ethical responsibility?
To consult with the science teacher about ensuring accommodations are implemented according to the student's IEP
An elementary school student moves to a new school district. The student is confined to a wheelchair and has cognitive delays. The school district claims that the student cannot attend school because the building is not accessible.What is the school district required to do, according to Mills v. Board of Education of the District of Columbia (1972)?
To make structural changes to the building to give the student access
Prior to the reauthorization of the Individuals with Disabilities Education Act (IDEA), the discrepancy model was used to identify learning disabilities.What did the reauthorization of IDEA emphasize doing to identify learning disabilities instead?
Use scientific, research-based teaching interventions
A special education teacher works in a culturally diverse school district. One of the school-wide goals at this teacher's school is to increase participation of the culturally diverse families. Which action should be taken to increase participation from culturally diverse families?
Use various methods of communication to reach the families
When is a school required to provide a student with a disability with related services as outlined in IDEA?
When the related service is necessary for them to be able to participate with their peers.
A school would not be required to provide the notice of procedural safeguards to parents in which situation?
When their child's special education teacher will be taking a leave of absence for medical reasons
One of the students in your class uses a certain word to get another student's attention. Other students complain that the word is a bad word and it should not be allowed. You have never heard the word before and, by all accounts, it does not sound negative. You tell the class to move on and focus on their work. One morning, the parent of the student who was insulted storms into your classroom very upset. The parent tells you the word is a highly negative and degrading term for a person with that disability. Which action should be taken?
Willingly and openly apologize to both parent and student. Develop a plan to address the incident with the class and make a commitment to educate yourself and your students further.
The general education teacher sends all the students with IEPs back to the special education resource room daily where they spend most of the school day. This eliminates the opportunity for participation in the general education setting.How should the special education teacher work with the general education teacher to address the needs of the students and the least restrictive environment?
The special education teacher should review each student's IEP with the general education teacher to determine the best way to meet the needs of each student.
A high school English teacher is concerned that one of his sophomore students is not doing well in his class during the first nine weeks of the school year. He is not sure what the issue is, but he suspects the student may have a learning disability. The student is new to the school district and new to digital learning this year. The English teacher approaches the special education teacher about getting special education services for the student. How should the special education teacher work with the teacher to support the student as well as be compliant with the requirements in IDEA?
The special education teacher should work with the English teacher to follow proper procedures for making a referral as outlined by the school and IDEA. This includes meeting with the parents virtually about concerns and trying some prereferral strategies and interventions virtually to see if the student makes some academic progress and if a formal evaluation is necessary.
Sara is a fourth grader with an IEP. Lately, she has been withdrawn and does not participate in activities. Her special education teacher is concerned and has been gathering data about the frequency of these behaviors and how it has been affecting her learning. The teacher has requested an IEP meeting to discuss the concerns with the parents and the rest of the IEP team. The parents returned the meeting notice and marked they would not be attending. The teacher thinks the reason they declined is because they know Sara has regressed and are tired of hearing the same things. How can the teacher proceed to provide support at school and home?
Call the parents to let them know about Sara's regression and try to find a time they can meet. If they still decline, set up a second IEP meeting, inviting the parents, and hold it with the team.
Mrs. Myers is a kindergarten special education teacher transitioning to teach in a virtual environment. For the past four years, she has supervised three paraeducators in her classroom each day who are working on their teaching degrees. Soon they will all be transitioning to a virtual environment. Mrs. Myers is swamped this year with students and evaluations on top of adjusting to the virtual environment. She instructs the paraprofessionals to complete the annual IEP paperwork for Brianna and Thomas. She contacts the parents and Brianna's mom thought this was acceptable, but Thomas's dad did not. How should Mrs. Myers proceed?
Discuss with the principal that you do not have the education, training, and professional capacity to work with students with disabilities.
What role do administrators serve in an IEP meeting?
District representative during an IEP meeting
A student who sits in the back of the classroom is unable to hear the teacher due to a hearing loss. The student does not pay attention during large group activities and spends class time talking to friends. Other students complain when they have to work with the student because the student talks so much.Which type of accommodation should a teacher attempt first to help this student?
Environmental accommodations
During an IEP annual review, which portion of the IEP should the team review first?
Present levels of performance
