Foreseeability is
a. an intentional tort that can lead to monetary damages.
b. the ability to anticipate that activities may be dangerous.
c. usually not relevant in cases of student injury
d. All of the above.
Students who meet a states definition of a student with disabilities receive the
procedural protections of IDEA.
a. True
b. False
A student with disabilities who is guaranteed a free appropriate education under the
IDEA is automatically considered disabled under Section 504.
a. True
b. False
Which of the following are/is not a related service that needs to be provided under the
IDEA?
a. Transportation to a residential setting if needed to provide an appropriate education.
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 as visual-perceptual
problem.
d. Full time nursing care in school if needed to provide an appropriate education.
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.
Which of the following levels of courts has the power to deny appeals in special
education lawsuits?
a. State Educational Agency
b. Federal District Court
c. U.S. Courts of Appeals
d. U.S. Supreme Court
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.
Negligence claims brought against teachers often involve inappropriate and excessive
disciplining of students.
a. True
b. False
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.
a. The home district
b. The federal government
c. The state containing the district
d. The school district in which the student is newly placed
All law resources on the Internet are an excellent substitute for the law library.
a. True
b. False
Both parties in a hearing have the right to prohibit the introduction of any evidence in
the hearing that was not disclosed to that party at least 5 days prior to the hearing.
a. True
b. False
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
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.
Monetary damages are usually available under state tort laws.
a. True
b. False
A medical diagnosis must always be used as part of the evaluation process.
a. True
b. False
Which of the following administrative agencies monitors LEA and SEA compliance
with the IDEA?
a. The Institute of Education Sciences
b. The Office of Special Education Programs (OSEP)
c. The Office of Civil Rights (OCR) of the Department of Education
d. The National Dispute Resolution Center
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.
a. One tiered system.
b. Two tiered system.
c. Mediation conference system.
d. None of the above.
The primary purpose of Section 504 was to provide funding to states that prohibited
discrimination against persons with disabilities.
a. True
b. False
The most common category of tort violations brought against teachers involve
negligence.
a. True
b. False
Under the U.S. system of federalism, the federal government has only those powers
granted expressly by the U.S. Constitution; those powers not specifically granted to the
federal government are the province of the states. –
a. True
b. False
In determining the content of a student’s special education, costs can never be a
consideration.
a. True
b. False
Give four examples of discriminatory practices under the ADA.
Which of the following procedures is not required for suspensions fewer than 10 school
days?
a. Advise student of the reason for the suspension.
b. Give the student an opportunity to explain their side of the story.
c. Promptly notify the parent or guardian.
d. Continue educational services.
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_____________.
a. the schools have an affirmative duty to locate and serve must find students with
disabilities; students must self-identify.
b. parents that must identify their children; students must to self-identify.
c. students must self-identify; the schools have an affirmative duty to locate and serve
must find students with disabilities
d. the schools must conduct a mandatory standardized screening tests for all students;
the school have use affirmative measures to find students with disabilities
Describe the basis of response to intervention in the IDEA.
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
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
Federal involvement has been minimal and, thus, an unimportant factor in the progress
and growth of special education. –
a. True
b. False
In extended school year (ESY) cases, school districts have been ordered to provide ESY
services when
a. the student with disabilities could benefit from such services
b. the student with disabilities would be harmed an interruption of services
c. it is needed to provide an education in the least restrictive environment.
d. All of the above.
The primary purpose of involving parents in the IEP process is to
a. ensure an opportunity to provide input regarding the development of the IEP.
b. ensure that the school informs them about the services their child will receive.
c. to assess the strength of the family system and to judge the adequacy of the home
environment.
d. to minimize the likelihood that parents will file a complaint regarding their child’s
special education.
Students with temporary disabilities are never covered under Section 504.
a. True
b. False
Describe how bullying, and teachers’ reaction to bullying, can be a violation of a
student’s right to a FAPE and, therefore, a violation of the IDEA.
It is up to the IEP team members to decide which behaviors are impeding the learning
of the student and his or her peers and, therefore, should be addressed in the IEP.
a. True
b. False
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.
a. Mills v. Board of Education of the D.C.
b. PARC v. Commonwealth of Pennsylvania
c. Brown v. Board of Education
d. Ohio Parent Advocacy Group v. Board of Education
Under the procedural safeguards rules of the IDEA even minor changes in a child’s
special education, such as moving the class to a different room in the same building
requires notice and consent.
a. True
b. False
Why is it important to know within which jurisdiction a particular decision occurs?
If you were a school district official and were responsible for developing school district
policy on disciplining students with disabilities, what policies would you develop and
implement?
Describe response to intervention (RTI) and prereferral interventions? What are they
used for? Describe concerns regarding RTI and evaluation.
In special education lawsuits under the IDEA can parents be awarded punitive damages
if they prevail? Are the other legal alternative options that may be used to seek
attorneys’ fees in special education cases?
What is the purpose of the present levels of academic achievement and functional
performance statement in a student’s IEP? How are the PLAAFP’s related to a student’s
annual goals? Why are they important?
Describe the major problems with due process hearings and possible alternatives to the
current process.
Explain what the child find system is. Why is it so important?
List and describe examples of accommodations that teachers may make in classroom
for students protected under Section 504.
Describe judicially awarded remedies for parents who prevail against school districts in
due process hearings and court cases.
What was adequate yearly progress (AYP)?
Explain the litigation/legislative cycle and give an example of how it applies to special
education.
What are the four primary purposes of the ADA?
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?
What is the purpose of measurable annual goals?
What is one important difference between of Section 504 and the ADA?