Chapter 12: Procedural Safeguards
Test Questions
True or False
1. When the local educational agency proposes to initiate special education services and
placement for a student, his or her parents’ consent must be obtained.
2. When reviewing special education administrative decisions, courts can only review existing
evidence and cannot allow the admission of new evidence.
3. Even though the IDEA allows parents who prevail against schools in special education
litigation to collect attorneys’ fees, courts can withhold these fees to the prevailing parties if
they unreasonably protract the proceedings or bring frivolous lawsuits.
4. 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 requires notice and consent.
5. Procedural errors on the part of a school district will always render an IEP inappropriate in
the eyes of a court.
6. Due process hearings should be the first step whenever there is a special education disputes
between parents and the school.
7. A mediator has no authority to impose solutions on either party.
8. If a court determines that parents rejected a properly made school district settlement and
ultimately receive essentially the same offer from the courts, attorney’s fees will be denied.
9. To receive attorneys’ fees in a special education dispute parents have to prevail on every
issue they contest.
10. 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.
Multiple Choice
1. Procedural safeguards give parents the right to challenge (May be more than one answer)
a. the special education placement of their child.
b. the teacher assigned to the child.
c. the special education and related services provided to their child.
d. the identification of their child as having an IDEA-eligible disability.
2. 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.
3. In a judicial review of an administrative decision the burden of proof will usually be on
a. the local education agency.
b. the party seeking to overturn the administrative hearing.
c. the party seeking to maintain the status quo.
d. the party that loses the official flip of the coin.
4. A court can compel a school district to either start or stop a certain practice by granting
a. compensatory relief.
b. injunctive relief.
c. tuition relief.
d. punitive damages.
5. 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.
6. Although __________ have been held to be unavailable under the IDEA they may be under
Section 1983 of the Civil Rights Act.
a. compensatory relief,
b. injunctive relief.
c. tuition relief.
d. punitive damages.
7.
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.
a. compensatory relief,
b. injunctive relief.
c. tuition relief.
d. punitive damages.
8. Every notice sent to parents relating to identification, evaluation, or placement must contain
which of the following? (May be more than one answer)
a. A description of the action proposed.
b. A full explanation of procedural safeguards.
c. Goals and objectives for the child.
d. Names of members of the multidisciplinary team.
9. ________ 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.
10. 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. a party who is the catalyst behind a lawsuit that results in a school district’s
change of position is automatically entitled to attorney’s fees.
b. a party must prove that a school district action may lead to irreparable harm to be
awarded attorney’s fees.
c. a party whose attorney is at an IEP meeting and serves as the catalyst behind an
IEP change may be awarded attorney’s fees.
d. 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.
Short Answer
1. What is mediation? Describe the mediation process. What powers do mediators have in
educational decision-making?
2. What is the purpose of the procedural protections of IDEA?
3. 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?
4. In what situations must school districts notify parents regarding their rights under the IDEA?
5. What is IDEA’s “stay–put” provision? Why is it important?
6. Describe the IDEA complaint procedures used in (put your state here).
7. What is a resolution session and how does it apply to special education?
8. Explain the two of the major U.S. Supreme Court cases that dealt with the issue of tuition
reimbursement.
9. Explain which party has the burden of persuasion in an administrative hearing on the IDEA:
The parent or the school district.
10. In an effort to discourage IDEA-related litigation, Congress amended the IDEA’s attorney’s
fees provisions. What changes did Congress make in this area in the 2004 reauthorization?
Essay
1. Describe the IDEA’s general procedural requirements.
2. What is the IDEA’s due process hearing procedure? Describe the hearing process. What
powers do hearing officers have in educational decision-making? The losing party may
exercise what appeals?
3. Explain four types of remedies that courts may use in IDEA cases.
4. Describe state complain and prevention alternatives to due process hearings.
Chapter 12: Procedural Safeguards
True or False
Multiple Choice