Unless an appellate court finds a procedural problem or bias in a trial court’s
fact-finding process, the facts as determined by the trial court do not change. –
a. True
b. False
________ of the IDEA requires that parties only attempt judicial appeals after
completing the law’s administrative remedies.
a. The exhaustion doctrine
b. The de novo doctrine
c. The stay-put provision
d. None of the above.
Which of the following does not have the force of law?
a. U.S. Supreme Court decisions
b. Federal regulations
c. Federal statutes
d. Federally issued policy statements
Which of the following are not subject to the ADA?
a. Preschools
b. Public schools
c. Private schools
d. Private Universities
e. All of the above are subject to the ADA
f. None of the above is subject to the ADA
The role of the federal district court differs slightly in special education cases because:
a. The fact-finding process takes place at the administrative review process
b. The trial court takes on more of an appellate role
c. The trial court determines if the administrative agency or due process hearing officer
correctly applied the law
d. All of the above
A school district’s school board is the proper forum for determining whether students
with disabilities can appropriately participate in statewide assessment or if they need
accommodations, modifications, or an alternate assessment.
a. True
b. False
The resources used to facilitate the legal research process are:
a. Primary, secondary, and tertiary sources
b. Finding tools, secondary materials and tertiary sources
c. Primary sources, finding tools and secondary materials
d. Secondary materials, regulations and finding tools
Failure to directly link assessment and intervention is can be a problem in due process
hearings when school’s IEPs are challenged.
a. True
b. False
When school district officials use RTI system to delay or deny an evaluation for special
education services the district officials may be in violation of the IDEA.
a. True
b. False
Describe the peer-reviewed research requirement of the IDEA. How is related to FAPE?
If states accept categorical grants programs, such as the Individuals with Disabilities
Education Act, the states do not need to abide by the terms and guidelines of the grant.
a. True
b. False
As discussed in the text, in determining if a teacher’s discipline constitutes excessive
and unreasonable punishment, courts will often examine all of the following, except:
a. the student’s age.
b. the gravity of the student’s offence.
c. posted classroom disciplinary procedures.
d. the teacher’s temper.
When an IEP teams determines a student’s placement, which the following factors may
be considered in deciding on the placement? (May be more than one answer)
a. the student’s IEP
b. proximity of the proposed placement to the student’s home school.
c. the LRE mandate of the IDEA.
d the availability of services in the proposed placement.
e. The cost of the proposed placement
The courts have provided a precise and clear definition for lower courts (and schools) to
follow when determining if a student’s special education program is conferring
meaningful educational benefit.
a. True
b. False
The primary vehicle or mechanism for providing a free appropriate public education is
the
a. procedural requirements of the IDEA.
b. IEP requirement of the IDEA.
c. the related services requirement of the IDEA.
d. the least restrictive environment requirement of the IDEA.
Failure to provide with the procedural requirements of the IDEA will always constitute
sufficient grounds for ruling that a local education agency has failed to provide an
appropriate education.
a. True
b. False
According to the Supreme Court in Rowley, IDEA established a “basic floor of
opportunity.” The court defined this as
a. an education equal to that provided to students without disabilities.
b. instruction that allows the handicapped child to reach his/her maximum potential.
c. a guarantee of meaningful access to special instruction & related services.
d. the “best” possible education.
All students with disabilities who attend public schools, whether or not they are
protected by the IDEA, are protected from discrimination under section 504.
a. True
b. False
School officials may unilaterally remove a student with disabilities from school for 45
calendar days and place him or her in an interim alternative educational setting for the
following behaviors. (May be more than one answer)
a. bringing, possessing, or acquiring a weapon at school, on school premises, or at a
school function.
b. serious noncompliance at school, on school premises, or at a school function.
c. knowingly possessing, using, or selling illegal drugs at school, on school premises, or
at a school function.
d. inflicting serious bodily injury to another person while at school, on school premises,
or at a school function.
In 1990 the name of the Education of All Handicapped Children Act was changed in the
a. Education of the Handicapped Amendments
b. Handicapped Children’s Protection Act
c. The Individuals with Disabilities Education Act
d. The IDEA Amendments
Florence County School District #4 v. Carter, 510 U.S. 7 (1993) has controlling
authority in your state.
a. True
b. False
The first case in which the U.S. Supreme Court ruled that schools couldn”t unilaterally
change the placement of children through expulsions was
a. Stuart v. Nappi
b. New Jersey v. T.L.O.
c. Honig v. Doe
d S-I v. Turlington
Section 504 identifies the specific individuals who must be on the Section 504 team.
a. True
b. False
Student harassment or bullying of a student with disabilities, based on the student’s
disability, may be a violation of Section 504.
a. True
b. False
It is required that a reevaluation be conducted every:
a. 90 days
b. year
c. other year
d. 3 years
Briefly explain the controversy regarding complex health services as related services
under the IDEA.
Section 504 prohibits discrimination against persons with disabilities in any public or
private institution.
a. True
b. False
In determining the LRE for a student IEP teams should (may be more than one)
a. provide support services to allow the student to remain in the general education
classroom (e.g., management plans, paraprofessionals).
b. consider the entire continuum of placements in making the placement.
c. integrate students who are in more restrictive settings whenever possible, including
nonacademic settings (e.g., physical education, lunch).
d. never consider placement in a setting more restrictive than a special school.
The primary consideration in placing a student is
a. the student’s type of disability.
b. the student’s age.
c. the student’s needs.
d. All of the above.
Which of the following components is not required in every IEP?
a. A statement of the child’s present level of academic achievement and functional
performance.
b. A statement of measurable annual goals and how they will be measured
c. A statement of special education services.
d. A statement of the behavior intervention plan.
IDEA 2004 eliminated the federal requirement that IEPs include
a. transition plans
b. benchmarks and short term objectives
c. present levels of academic achievement and functional performance
d. supplementary aids and services
One result of the Board of Education v. Rowley decision is that the U.S. Supreme Court
provided the lower courts with a two-part formula to assist them in determining if a
FAPE was appropriate.
a. True
b. False
A child must be receiving special education to be entitled to related services under the
IDEA.
a. True
b. False
When an IEP team places a student with disabilities in a private school, the IEP is the
responsibility of the
a. referring school
b. receiving school
c. The state department of education
d. All of the above.
Describe the information that IDEA requires be supplied to parents of students with
disabilities regarding student records.
Describe the necessary qualifications of persons who conduct a special education
assessment.
Describe the use of supplementary aids and services in placing a student in his or her
LRE.
Describe school district responsibilities under the ADA?
To determine if the limitations of a disability are substantial, what three factors might
be taken into consideration?
List and explain at least 4 educational obligations under Section 504 that school
districts must fulfill.
What is scientifically based instruction? How is it included in NCLB?
Explain the effects of the decision of the U.S. Supreme Court in Brown v. Board of
Education (1954) on the education of students with disabilities.
Describe six of the required components that must be in the IEP.
Briefly explain the decision in Brown v. Board of Education (1954).
Describe the National Assessment of Educational Progress (NAEP). What is it? What is
it used for? What has the NAEP been telling us?
Is the IDEA or Section 504 more specific about defining disabilities? Support your
answer.
Describe the National Research Center in Special Education. Where is it housed? What
are its major purposes?
What is ERIC and how can it be useful for legal research in special education?
Describe legal blogs (also called blawgs) and how they can be useful in legal research.
Are blogs a primary or secondary source?
According to IDEA 2004 when a parent refuses to grant consent for their child’s
evaluation what actions can the school take? What actions can be taken if the parents
refuse to consent to special education services?
Describe the concept of precedence and its importance in the court system.