Punitive damages are not available against the government or governmental agencies
under the ADA.
a. True
b. False
Describe the dispute resolution system of the IDEA.
Briefly describe two areas of difference between the Individuals with Disabilities
Education Act (then called the Education for All Handicapped Children Act or
EAHCA) and Section 504.
The IDEA reauthorizations in 1997 and 2004 were different from the original EAHCA
in the statement of goals in the IEP must
a. Use person first language
b. Accurately measuring and reporting student progress
c. Clearly describing how the goals will be met
d. Both b and c
A court may find that a special education student was deprived of a FAPE if the
student’s problem behaviors were not addressed in the IEP.
a. True
b. False
All but one of the following advocacy organizations were founded by parents:
a. National Association for Down Syndrome
b. Council for Exceptional Children
c. United Cerebral Palsy Association, Inc.
d. Association for Children with Learning Disabilities (ACLD)
Legislation and litigation regarding LRE and FAPE indicate that the school’s primary
obligation is to provide a student in special education with a FAPE.
a. True
b. False
NCLB required that states indicate how well students are mastering the content in
reading and math. This was done by designating at least three levels of achievement on
student performance on statewide tests. These three levels are:
a. Below basic, not proficient, proficient.
b. Not proficient, basic, advance.
c. Basic, proficient, advanced.
d. Birdie, par, bogey.
Explain the two reasons that Senator Buckley introduced the Family Educational Rights
and Privacy Act (FERPA).
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.
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
A significant change in the federal government’s role in education in NCLB was to
require that all public schools bring all their students up to state standards in math and
reading.
a. True
b. False
Schools must provide notices to parents if their child has been taught for four or more
consecutive weeks by a teacher who does not meet the highly qualified requirements.
a. True
b. False
According to IDEA 2004, school districts cannot use a discrepancy formula to
determine eligibility in the category of learning disability.
a. True
b. False
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.
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.
Section 504 and the ADA are similar in that they both primarily address
a. Public and private schools.
b. Discrimination.
c. Programs that are federally funded.
d. Students with and without disabilities.
It was primarily by the efforts of ______________ that educational rights for children
with disabilities were recognized and eventually mandated.
a. Parents
b. Legislators
c. Lawyers
d. Optometrists
A judge’s written opinion usually contains:
a. A summary of the case and a statement of the facts
b. An explanation of why the court took a particular action
c. An explanation of the court’s reasoning and a record of the decision
d. All of the above
Two defenses often used against liability claims are (May be more than one answer)
a. Assumption of risk.
b. Contributory negligence.
c. Waiver of rights.
d. Tread lightly.
A class action suit that resulted in a mandate that all students with disabilities be
provided with an appropriate publicly supported education was
a. Pennsylvania Association for Retarded Citizens v. Pennsylvania
b. Beattie v. Board of Education
c. Brown v. Board of Education
d. Mills v. Board of Education
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
Federal courts have held that it is a change of placement to suspend students for
a. more than 3 consecutive days.
b. more than 5 consecutive days.
c. more than 10 consecutive days.
d more than 30 consecutive days.
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.
a. 10%; 90%.
b. 25%; 75%
c. 30%; 60%
d. 15%; 85%
Due process hearings should be the first step whenever there is a special education
disputes between parents and the school.
a. True
b. False
Which of the following is a misinterpretation of the concept of least restrictive
environment?
a. To the maximum extent appropriate students with disabilities should be educated
with students without disabilities.
b. Students should be placed in more restrictive settings when such a placement is
required to provide an appropriate education.
c. IEP teams should consider the effects of a student’s behavior on the education of his
or her peers when determining a student’s placement.
d. All students with disabilities must be included in general education classrooms,
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.
The least restrictive environment is always the general education setting.
a. True
b. False
Emergency procedures such as immediate suspension and physical restraint cannot be
used unless parents are notified and are allowed to witness the procedure.
a. True
b. False
To identify students with learning disabilities, IDEA 2004 encourages school districts to
use process to determine whether a student responds to
a. Standardized achievement tests
b. Intelligence tests
c. Curriculum based interventions
d. Research based interventions
The assessment process is a generalized evaluation that is the typically the same for all
students.
a. True
b. False
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.
Areas of public education that are affected by the ADA include employment, general
nondiscrimination, communications, and program accessibility.
a. True
b. False
What is mediation? Describe the mediation process. What powers do mediators have in
educational decision-making?
Who is protected from discrimination under the ADA? Are there any individuals
excluded from coverage?
Explain how the roles of the three levels of courts differ in special education cases.
What is a manifestation determination? When must it be performed, why, and by
whom?
Describe the continuum of alternative placements. What did Congress include the
continuum in the IDEA?
Describe how student problem behavior should be addressed in his or her IEP.
Briefly describe the U.S. Supreme Court’s ruling in Goss v. Lopez (1975). How does
this ruling apply to students with disabilities?
The concept of least restrictive environment has been referred to as a “Rebuttable
Presumption.” What is a rebuttable presumption with regards to LRE?
Describe the Senate bill to reauthorize the ESEA: The Every Child Achieves Act of
2015 (note, the answer to this question is not in the textbook rather, this question will
require that students have read the act out of the Senate’s HELP committee).
There are important implications for school officials from the Lovaas cases regarding a
FAPE. List and explain two of these implications.
Describe the model presented in the text for determining a student’s LRE.
Describe two major U.S. Supreme Court cases that dealt with the issue of tuition
reimbursement.
Explain the following statement: The key to successful full text searching is choose the
smallest database possible.
Explain the controversy over FAPE and educational methodology.
What is a multidisciplinary team? Who should be members of the team?
Discuss the persons who are required to attend an IEP meeting. Explain why each of
these persons must or be attendance (i.e., what is their function on the team). What
other individuals are permitted, but not required, to attend?