CH-1-6 Introduction to the American Legal System – The Law and Special Education : Exam Guide

This Document Contains Chapters 1 to 6 Chapter 1: Introduction to the American Legal System Test Questions True or False 1. All states have educational mandates in their constitutions. 2. 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. 3. A trial court in Oregon is obligated to adhere to an appellate court’s special education ruling that is authority in Nebraska. 4. A dissent is a statement of a judge (or judges) who does not agree with the results reached by the majority. 5. Controlling legal authority always cuts across jurisdictional lines (e.g., a decision made by the U.S. Court of Appeals for the Fourth Circuit will by legal binding in the eighth circuit). 6. Under the United States 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. 7. Federal involvement has been minimal and, thus, an unimportant factor in the progress and growth of education. 8. 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. 9. There is a federal constitutional right to an education. 10. When the Supreme Court interprets the laws created by the legislative branch, the legislature may change or alter the law or create a new law if the members disagree with the court’s interpretation. Multiple Choice 1. The _____________ Amendment to the Constitution has become the legal basis for decisions in special education. A. 4th B. 10th C. 14th D. 15th 2. The Handicapped Children’s Protection Act overturned the decision of the U.S. Supreme Court in Smith v. Robinson, and made it possible for families to: A. Hire in home teachers at no cost B. Collect attorney’s fees C. Receive daily progress reports D. Receive in-school medical treatment for children 3. 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. It determines if the administrative agency or due process hearing officer correctly applied the law D. All of the above 4. A hearing by the full court is referred to as: A. Jurisprudence B. En banc C. A precedential hearing D. Gatherus supremeus 5. A judge’s written opinion usually contains: A. A summary of the case and a statement of the facts B. In situations in which the court does not follow the law, an explanation of why the court too this action. C. An explanation of the court’s reasoning and a record of the decision D. Both one and three 6. 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 guidelines 7. The ability of a well reasoned court decision to influence decisions of courts in different jurisdictions is A. persuasive authority. B. probative value. C. controlling authority. D. none of the above 8. Which of the following administrative agencies monitors LEA and SEA compliance with the IDEA? A. The Office of Special Education Programs (OSEP) in the U.S. Department of Education. B. The Office of Civil Rights (OCR) in the U.S. Department of Education C. The Office of Civil Rights (OCR) in the U.S. Department of Justice D. The Institute of Educational Research Science (IES) in the U.S. Department of Education. 9. Which of the following administrative agencies monitors compliance with Section 504 of the Rehabilitation Act? A. The Office of Special Education Programs (OSEP) B. The Office of Civil Rights (OCR) of the Department of Education C. The Office of Civil Rights (OCR) of the Department of Justice D. The Institute of Educational Research Science (IES) 10. Which of the following levels of courts has the power to deny appeals? A. Trial Court B. Intermediate or Appellate Court C. Court of Last Resort D. Both b & c Short Answer 1. Why did the authors of the Constitution choose not to address the area of education? 2. The federal government gives indirect assistance to education through categorical grants. What are the two main purposes for categorical grants? 3. Why is it important to know within which jurisdiction a particular decision occurs? 4. Name at least two major differences between a trial court and an appellate court? 5. Describe what it means when a judge makes a concurring opinion. 6. What is the basic or primary source of law in the United States? 7. The American system is a federal system. Explain federalism. 8. Describe the two sources of judicial power. 9. Explain controlling and persuasive authority. 10. How many federal appellate courts are there in the United States? In which circuit do you live? Essay 1. There are four major sources of law in the United States. Explain these sources. 2. Explain the three generic levels of courts in the United States. How are these level reflected in the federal judiciary? What are the functions of these courts? What is their hierarchy from least to most powerful? What are their primary responsibilities? 3. Explain the litigation/legislative cycle and give an example of how it applies to special education. Answer Key True or False 1. True 2. True 3. False 4. True 5. False 6. True 7. True 8. False 9. False 10. True Multiple Choice 1. c 2. b 3. a 4. b 5. d 6. d 7. a 8. a 9. b 10. c Short Answer 1. The authors of the Constitution chose not to address education explicitly, leaving it to states because they wanted to avoid federal overreach and recognized education as a matter better managed locally. 2. Categorical grants serve two main purposes: to address specific national priorities and to provide funds for targeted programs or projects, ensuring federal oversight and compliance with federal standards. 3. Knowing the jurisdiction of a decision is crucial because it determines which laws apply, the legal procedures followed, and the potential appeals process, affecting the outcome and enforcement of decisions. 4. Major differences between trial courts and appellate courts include: trial courts handle the initial presentation of evidence and witness testimony, while appellate courts review the trial record for legal errors; trial courts determine facts, while appellate courts focus on interpreting and applying the law. 5. A concurring opinion is written by a judge who agrees with the majority’s decision but for different reasons, providing additional or alternative reasoning to support the judgment. 6. The basic or primary source of law in the United States is the Constitution, which establishes the framework for federal law and governance. 7. Federalism is a system of government where power is divided between a central (national) authority and constituent (state) entities, allowing for shared governance and local autonomy. 8. The two sources of judicial power are constitutional (granted by the Constitution) and statutory (delegated by legislative statutes), which together enable the judiciary to interpret laws and administer justice. 9. Controlling authority refers to legal principles that must be followed by lower courts within the same jurisdiction, while persuasive authority includes legal precedents or opinions that influence but do not bind the court. 10. There are 13 federal appellate courts in the United States, including 12 regional circuits and the Federal Circuit. I don't know which circuit you live in, but you can find out based on your state’s location. Essay 1. Major Sources of Law in the United States The four major sources of law in the United States are: • Constitutional Law: The U.S. Constitution is the supreme law of the land, setting forth the structure of government and fundamental rights. It overrides all other laws and provides the foundational legal framework. Both federal and state laws must align with the Constitution. • Statutory Law: These are laws enacted by legislative bodies, such as Congress at the federal level or state legislatures. Statutory laws are written and formally enacted statutes that address specific issues, providing detailed regulations within the framework set by the Constitution. • Administrative Law: Created by federal and state agencies, administrative laws include rules and regulations that govern how laws are implemented and enforced. Agencies like the EPA or IRS create regulations within their areas of authority, affecting specific sectors of society. • Judicial Law (Case Law): This consists of interpretations of laws made by the judiciary. Court decisions set precedents that influence future cases. Lower courts follow the rulings of higher courts in their jurisdiction, creating a body of case law that shapes legal principles and practices. 2. Levels of Courts in the United States The U.S. judiciary operates through three generic levels of courts: • Trial Courts: These are the first level of courts where cases begin. They handle the presentation of evidence, witness testimonies, and fact-finding. In the federal system, trial courts are known as U.S. District Courts. Their primary responsibility is to determine the facts of a case and apply the law. • Appellate Courts: These courts review decisions made by trial courts to ensure they followed legal principles correctly. The U.S. Courts of Appeals serve as appellate courts, organized into 13 circuits. They do not conduct new trials but review the record from the lower court to address legal errors. • Supreme Court: The highest court in the federal judiciary, the U.S. Supreme Court, has the authority to review decisions from the appellate courts and state supreme courts. Its primary functions are to interpret the Constitution, resolve conflicts among lower courts, and establish binding precedents. Its decisions are final and influential. In hierarchy, trial courts are the least powerful, appellate courts are intermediate, and the Supreme Court holds the highest authority. 3. Litigation/Legislative Cycle and Special Education The litigation/legislative cycle refers to the process where legal disputes influence legislative changes and vice versa. For example, in the realm of special education, court cases often address deficiencies or conflicts in existing laws, prompting legislative updates. An example is the Individuals with Disabilities Education Act (IDEA). Litigation revealed inadequacies in how special education services were provided, leading to judicial decisions that pressured Congress to amend IDEA. These amendments aimed to improve educational access and services for students with disabilities, reflecting the cycle where legal challenges drive legislative reforms and vice versa. Chapter 2: Legal Research Test Questions True or False 1. Because much of the articles in law reviews contain the author’s opinions, law reviews are not a reliable source for legal research. 2. Daniel R.R. v. State Board of Education, 854 F. 2d 1036 (5th Cir. 1989) has controlling authority in put the name of your state here. 3. Florence County School District #4 v. Carter, 114 S. Ct. 361 (1993) has controlling authority in put the name of your state here. 4. Supreme Court decisions are published in the reporter abbreviated F. Supp. 5. Law resources on the Internet are an excellent substitute for the law library. 6. Listservs, discussion groups, newsgroups and usenet are all means of staying up-to-date on legal information and making contacts within the world of law. 7. A primary problem with law articles on the internet is that they may have not been subjected to a rigorous peer review process as have law review articles in a law library. 8. Blogs are useful tools for staying informed on legal matters and for easily communicating information to others. 9. The U.S. Department of Education maintains a webpage that can be very useful to teacher, researchers, students, and parents. 10. Many university law libraries devote parts of their websites as starting points for legal researcher. Multiple Choice 1. 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 2. Although secondary sources do not have controlling authority, they can be very influential and persuasive. Two examples of secondary sources are: A. Annotated codes and Shepard’s citators B. Law reviews and Federal court reporters C. Various court reporters and West’s digests D. Law journals and law reviews 3. In the citation 300 F.2d 95 (4th Cir. 1986) the volume number is A. 300. B. F. 2d. C. 95 D. 4th 4. The level of the court is A. Federal District Court. B. US Court of Appeals. C. US Supreme Court. 5. On what page of the appropriate court reporter does Daniel R.R. v. State Board of Education, 854 F.2d 1036 (5th Cir. 1989) begin? A. 854 B. F. 2d C. 1036 D. 5th 6. Case occurring at the United States District court level can be found in West's A. Federal Supplement. B. Federal Reporter. C. United States Code. D. Code of Federal Regulations. 7. Which of the following is a secondary legal source? A. United States Code Annotated. B. West’s Education Law Reporter. C. Federal Supplement. D. Federal Reporter, 2nd edition. 8. What publication contains Federal Regulations? A. USCA B. USC C. FR D. S. Ct. 9. FindLaw’s LawCrawler allows the researcher to A. limit searches of the World Wide Web to legal websites. B. access FindLaw’s legal dictionary or legal news. C. obtain records of defendants. D. only a and b E. All of the above 10. The ____________ is the largest international professional organization dedicated to the education of students with disabilities. A. The IDEA Organization. B. The Council for Exceptional Children C. The Education Law Association. D. The ED.gov. Short Answer 1. List and describe the three categories of primary source material. 2. Why are the annotated code versions of the United States Code so useful? 3. In conducting legal research, it is often easier to begin with secondary sources. What are secondary sources and what are their primary functions? 4. What are looseleaf services and what are they used for? 5. In what two sources are federal regulations published? 6. Although there are no official government publications for Federal District and Appellate courts, what sources are available for researching cases in these courts? 7. Describe the purpose of a weblog, or blog. 8. Describe two examples of legal search engines and directories on the internet. 9. What are the two primary purposes or functions of secondary legal sources? 10. What are law reviews and how can they be useful in conducting legal research? Essay 1. Describe the three levels of federal courts and the corresponding reporters. 2. Label the components (underlined) of the following citations. A. 34 C.F.R. 303.404 B. 29 U.S.C. 794 (b) C. 347 U.S. 483 3. Explain the three-stage procedure for conducting legal research. 4. Describe four online government resources. Answer Key True or False 1. False 2. False 3. True 4. False 5. False 6. True 7. True 8. True 9. True 10. True Multiple Choice 1. c 2. d 3. a 4. b 5. c 6. a 7. b 8. c 9. d. 10. b. Short Answer 1. Three Categories of Primary Source Material: • Constitutional Documents: Texts like the U.S. Constitution that establish legal frameworks. • Statutory Law: Laws enacted by legislatures, including codes and statutes. • Case Law: Judicial opinions and rulings from courts that interpret and apply laws. 2. Annotated Code Versions: They include commentary, case law summaries, and interpretations that help understand and apply statutes by showing how courts have interpreted them. 3. Secondary Sources: These include treatises, legal encyclopedias, and law reviews. They summarize, interpret, and analyze primary sources, providing context and aiding initial legal research. 4. Looseleaf Services: These are continuously updated legal publications that provide detailed commentary and current information on specific legal topics, often used for up-to-date legal reference. 5. Federal Regulations Publication Sources: The Code of Federal Regulations (CFR) and the Federal Register. 6. Researching Federal District and Appellate Court Cases: Use online databases like PACER (Public Access to Court Electronic Records) and commercial legal research services like Westlaw or LexisNexis. 7. Purpose of a Blog: A weblog or blog shares information, opinions, and updates on various topics, including legal issues, often providing informal, expert analysis or commentary. 8. Legal Search Engines and Directories: • Google Scholar: Provides access to legal opinions and journals. • Justia: Offers free legal information and case law. 9. Primary Functions of Secondary Legal Sources: To provide context and interpretation of primary sources and to offer practical insights and summaries for legal research. 10. Law Reviews: Scholarly journals that publish articles on legal issues, theories, and case analyses. They offer in-depth analysis and current academic perspectives useful for research and understanding complex legal matters. Essay 1. Three Levels of Federal Courts and Corresponding Reporters: • District Courts: These are the trial courts where cases are initially heard. Their decisions are reported in the Federal Supplement (F. Supp.). • Circuit Courts of Appeals: These intermediate appellate courts review decisions from District Courts. Their opinions are published in the Federal Reporter (F.2d or F.3d). • Supreme Court: The highest federal court, whose rulings are final. Its decisions are reported in the United States Reports (U.S.). 2. Components of Citations: A. 34 C.F.R. 303.404 • 34: Title number • C.F.R.: Code of Federal Regulations • 303.404: Section number B. 29 U.S.C. 794 (b) • 29: Title number • U.S.C.: United States Code • 794: Section number • (b): Subsection C. 347 U.S. 483 • 347: Volume number • U.S.: United States Reports • 483: Page number 3. Three-Stage Procedure for Conducting Legal Research: • Stage 1: Preliminary Research: Identify the legal issue and gather background information using secondary sources like legal encyclopedias and treatises. • Stage 2: Primary Source Research: Locate and review relevant primary sources, including statutes, regulations, and case law, using legal databases or libraries. • Stage 3: Analysis and Application: Analyze the gathered information, apply legal principles to the facts of the case, and develop legal arguments or conclusions. 4. Four Online Government Resources: • USA.gov: Provides access to a wide range of federal, state, and local government information and services. • Congress.gov: Offers access to federal legislative information, including bills, resolutions, and congressional records. • Federal Register: The daily publication for rules, proposed rules, and notices from federal agencies. • PACER (Public Access to Court Electronic Records): Allows access to federal court case documents and dockets. Chapter 3: The History of the Law and Children with Disabilities Test Questions True or False 1. As recently as 1958 states continued to enact statutes that authorized school officials to exclude students with disabilities. 2. The history of special education can fairly be characterized as a movement from access to quality and accountability. 3. According to the President’s commission on Excellence, scientifically based programming would mean that special educators would only use instructional strategies and methods that were based on solid evidence. 4. Students with disabilities were included in the Elementary and Secondary Education Act accountability provisions. 5. The primary purpose of Section 504 was to provide funding to states that prohibited discrimination against persons with disabilities. 6. 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. 7. The Education of Handicapped Children Act was the first federal civil rights law to protect persons with disabilities. 8. Section 504 and the Individuals with Disabilities Education Act only serve persons with disabilities between the ages of three to 21. 9. Section 504 prohibits discrimination against persons with disabilities in any public or private institution. 10. No Child Left Behind dramatically increased the role of the federal government in education. Multiple Choice 1. It was primarily by the efforts of ______________ that educational rights children with disabilities were recognized and eventually mandated. A. Parents B. Legislators C. Lawyers D. Optometrists 2. The Council for Exceptional Children (CEC) is an organization that is a major force in: A. Developing innovative educational programming B. Pre- and in-service teacher education C. Policy making and lobbying efforts D. All of the above 3. 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 4. Prior to 1975, students with disabilities access to educational opportunities were mainly limited because: A. Often students with disabilities were completely excluded from public schools B. Those students with disabilities admitted to schools did not receive an appropriate education C. Teachers were inefficiently prepared to teach disabled students D. Both a and b 5. In 1990 what two disability categories did IDEA add? A. Autism and pervasive developmental disorder B. Pervasive developmental disorder and down syndrome C. Autism and traumatic brain injury D. Down syndrome and traumatic brain injury 6. 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) 7. The Education of All Handicapped Children Act of 1975 was popularly known as A. P.L. 101-476 B. P.L. 94-142 C. P.L. 105-17 D. P.L. 101-336 8. Which of the following cases was resolved by a consent agreement specifying that all children with mental retardation must be provided a free public education? 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 9. 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 10. 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 Short Answer 1. In their report A New Era: Revitalizing Special Education for Children and Their Families what were the three major recommendations from The President’s Commission on Excellence in Special Education? 2. Describe the major way that No Child Left Behind holds states and schools accountable for improving its students’ educational achievement. 3. IDEA ’90 required that individualized transition planning be included in the IEPs of students with disabilities who were 16 years of age or older. What are transition services, and how do they aid a student? 4. What are the components of an Individualized Family Support Plan (IFSP)? 5. Briefly describe two areas of difference between the Individuals with Disabilities Education Act and Section 504. 6. Briefly describe the how state education statutes and the IDEA interact. 7. In general, what was the educational status of children with disabilities in the United States prior to 1975 and the passage of the EAHCA? 8. Briefly explain the decision in Brown v. Board of Education (1954). How did this decision affect the education of students with disabilities? 9. Briefly explain the decisions in Pennsylvania Association for Retarded Citizens v. Pennsylvania and Mills v. Board of Education and their importance to students with disabilities. 10. Briefly describe the 1986 and 1990 amendments to the IDEA. (P. 70-74) Essay 1. Discuss the important role parental advocacy has played in the education of students with disabilities. 2. Discuss why the legal development of special education can be characterized as a movement from access to accountability. 3. Discuss 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. 4. Discuss the federal role in the development of special education. Answer Key True or False 1. True 2. True 3. True 4. True 5. False 6. True 7. False 8. False 9. False 10. True Multiple Choice 1. a 2. c 3. c 4. d 5. c 6. b 7. b 8. a 9. d 10. c Short Answer 1. Three Major Recommendations from The President’s Commission on Excellence in Special Education: • Improve accountability by setting high expectations for student performance. • Enhance professional development for educators to better support special education. • Increase parental involvement in the education process and decision-making. 2. No Child Left Behind Accountability: The Act requires states to implement standardized testing and demonstrate progress in student achievement through Adequate Yearly Progress (AYP) reports, linking funding to performance. 3. Transition Services: These are coordinated activities designed to prepare students for post-school life, including education, employment, and independent living. They aid students by providing necessary skills and planning for a successful transition from school to adult life. 4. Components of an Individualized Family Support Plan (IFSP): • Child’s current development and needs • Family’s needs and resources • Specific goals and services to be provided • Service coordination and plan for evaluation 5. Differences Between IDEA and Section 504: • Scope: IDEA provides specific educational services and funding for special education, while Section 504 offers broader civil rights protections against discrimination in any program receiving federal funds. • Eligibility: IDEA requires a qualifying disability for special education services, whereas Section 504 applies to any individual with a disability impacting major life activities. 6. Interaction of State Education Statutes and IDEA: State statutes must comply with IDEA mandates, providing a framework for special education services that meet federal requirements, but can include additional provisions. 7. Educational Status Pre-1975: Before the EAHCA (now IDEA), many children with disabilities were excluded from public education or received inadequate services, facing significant barriers to educational access. 8. Brown v. Board of Education (1954): This landmark decision declared racial segregation in public schools unconstitutional, which later influenced the fight for educational equality, including the rights of students with disabilities. 9. Pennsylvania Association for Retarded Citizens v. Pennsylvania and Mills v. Board of Education: Both cases established the right of students with disabilities to a free and appropriate public education and mandated the development of individualized education plans (IEPs). 10. 1986 and 1990 Amendments to IDEA: • 1986: Expanded services to include early intervention for infants and toddlers and required transition planning for students with disabilities. • 1990: Renamed the Act to IDEA, added autism and traumatic brain injury to disability categories, and emphasized student-centered IEPs and transition planning. Essay 1. Role of Parental Advocacy in Special Education: Parental advocacy has been crucial in advancing the education of students with disabilities by pushing for rights and resources. Parents have driven legal reforms, such as the Individuals with Disabilities Education Act (IDEA), by demanding equitable educational opportunities and challenging inadequate services. Their advocacy has led to greater awareness, the establishment of Individualized Education Programs (IEPs), and the implementation of necessary accommodations and services, ensuring that educational settings are more inclusive and supportive. 2. Legal Development: Access to Accountability: The evolution of special education law reflects a shift from merely providing access to education (ensuring that students with disabilities could attend school) to enforcing accountability (demanding measurable educational outcomes and proper implementation of services). Initially, laws focused on eliminating exclusion and ensuring basic access. Over time, they began emphasizing the quality of education and requiring schools to meet specific performance standards and provide evidence of progress through rigorous documentation and reporting. 3. Effects of Brown v. Board of Education on Special Education: The Brown v. Board of Education decision (1954) declared racial segregation in schools unconstitutional, setting a precedent for equal educational opportunities. It influenced the special education field by reinforcing the principle that all students, including those with disabilities, are entitled to equal access to education. This landmark ruling inspired further legal challenges and reforms that led to the establishment of laws guaranteeing educational rights for students with disabilities, fundamentally changing how educational equality is approached. 4. Federal Role in Special Education Development: The federal government has played a pivotal role in developing special education through legislation, funding, and oversight. Initial acts like the Education for All Handicapped Children Act (now IDEA) established the right to a free, appropriate public education for students with disabilities. Federal funds support state and local educational programs, while regulations and guidelines ensure compliance with standards. The federal role has evolved to include setting performance benchmarks, providing technical assistance, and ensuring that educational practices meet federal mandates and promote inclusivity. Chapter 4: The Individuals with Disabilities Education Act Test Questions True or False 1. When originally signed, Part B of the EAHCA (P.L. 94-142) offered federal funding to states in exchange for the states offering educational services to specified categories of students with disabilities. 2. Students who meet the states definition of a student with disabilities receive the procedural protections of IDEA. 3. The infants and toddlers program within IDEA requires that the state educational agency assume overall responsibility for the early intervention programs. 4. If funds provided to states are spent improperly, states may be forced to repay. 5. States are required to provide special education services to persons with disabilities in adult prisons even if they were not identified as IDEA-eligible prior to their incarceration. 6. States are required to include children with disabilities attending private schools when identify, locating, and evaluating students with disabilities, from birth to age 21, residing in the state that are in need of special education and related services. 7. IDEA 2004 does not allow states to require school districts to use a discrepancy formula to determine eligibility in the category of learning disability. 8. According to IDEA 2004, school districts cannot use a discrepancy formula to determine eligibility in the category of learning disability. 9. An IEP is a legally constituted mechanism for committing a school to provide a special education, and a teacher can be held legally accountable if the student does not reach the goals listed on the IEP. 10. The Office of Special Education Programs in the U.S. Department of Education issues policy statements to assist states and school district’s to understand their responsibilities under the IDEA. Multiple Choice 1. Which agency is responsible for approving states’ special education plans and releasing IDEA funds accordingly? A. Federal Disabilities Commission. B. Office of Special Education and Rehabilitative Services. C. Each applicant state’s Department of Education. D. The Council for Exceptional Children. 2. 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. 3. The IDEA reauthorizations in 1997 and 2004 were different from the original EAHCA because increased emphasis was put on the statement of goals in the IEP that required that the IEP must A. use person first language B. accurately measure and report student progress. C. clearly describe how the goals will be met. D. Both b and c. 4. 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. home district B. federal government C. state containing the district D. school district in which the student is newly placed 5. The IDEA does not require that states provide special education services to students labeled A. seriously emotionally disturbed. B. gifted and talented. C. learning disabled. D. autistic 6. 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. 7. 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. 8. Until 1990 the IDEA was known as the A. Education of the Handicapped Amendments. B. Education of All Handicapped Children Act. C. Handicapped Children’s Protection Act. D. Improving America’s Schools Act. 9. A primary purpose of Part B of the IDEA is to A. Justify the law and define terms used in the law. B. Delineate the educational requirements of the law. C. Extend the protections of the law to infants and toddlers with disabilities. D. Fund activities that support the education of students with disabilities (e.g., teacher training programs, research). 10. A primary purpose of Part D of the IDEA is to A. Justify the law and define terms used in the law. B. Delineate the educational requirements of the law. C. Extend the protections of the law to infants and toddlers with disabilities. D. Fund activities that support the education of students with disabilities (e.g., teacher training programs, research). Short Answer 1. What is the child find requirement, and what does it mean that it is an affirmative duty? 2. Describe the age requirements of students served by the IDEA. 3. What are the differences between “assistive technology devices,” and “assistive technology services?” 4. Describe a manifestation determination. What is the purpose of the determination? 5. In what two ways did Congress attempt to reduce litigation in special education when it enacted IDEA 2004? 6. What is reauthorization, and how does it apply to the IDEA? 7. Briefly describe the funding mechanism of the IDEA. 8. Briefly describe the enforcement mechanism of the IDEA. 9. Describe the National Research Center in Special Education. Where is it housed? What are its major purposes? 10. IDEA 2004 defined a highly qualified special education teacher according to the standards developed in NCLB. List and briefly explain the three requirements that a highly qualified special education teacher must meet. Essay 1. Explain the major changes made to the IEP in the 2004 reauthorization. 2. Describe the four major parts of the IDEA and their purposes. 3. Explain the major principles of Part B of the IDEA. 4. Briefly trace the development of the IDEA (then the EAHCA) to the initial passage of the law. Answer Key True or False 1. True 2. True 3. False 4. True 5. False 6. True 7. True 8. False 9. False 10. True Multiple Choice 1. b 2. d 3. d 4. a 5. b 6. a 7. b 8. b 9. b 10. d Short Answer 1. Child Find Requirement: The child find requirement mandates that schools identify, locate, and evaluate all children with disabilities who may need special education services. It is an affirmative duty because schools must proactively seek out and assess children, rather than waiting for parents to request services. 2. IDEA Age Requirements: IDEA serves students from birth to age 21. It includes early intervention services for infants and toddlers (birth to 3 years) and special education services for children and youth (3 to 21 years). 3. Assistive Technology Devices vs. Services: • Devices: Physical tools or equipment (e.g., hearing aids, communication boards) used to aid a student's learning or communication. • Services: Support provided to help students use these devices effectively, such as training and technical assistance. 4. Manifestation Determination: This is a process used to determine if a student’s behavior leading to disciplinary action is directly related to their disability. Its purpose is to ensure that disciplinary measures are appropriate and do not unfairly penalize a student for behavior that is a manifestation of their disability. 5. IDEA 2004 Litigation Reduction: • Resolution Sessions: Required informal meetings before due process hearings to resolve disputes. • Expedited Hearings: Established faster procedures for resolving disputes involving disciplinary actions. 6. Reauthorization: Reauthorization involves Congress periodically reviewing and updating the IDEA to improve and refine its provisions. This process ensures the law remains effective and relevant. 7. IDEA Funding Mechanism: IDEA provides federal funding to states based on the number of eligible students with disabilities, supporting state and local educational programs. Funding is allocated through grants and is designed to supplement, not replace, state and local funding. 8. IDEA Enforcement Mechanism: Enforcement includes compliance monitoring by the U.S. Department of Education, complaint procedures, and due process hearings. Parents and advocates can file complaints if they believe IDEA provisions are not being met. 9. National Research Center in Special Education: Housed at various institutions, this center conducts research to improve special education practices, supports evidence-based interventions, and informs policy development. 10. Highly Qualified Special Education Teacher (IDEA 2004): • State Certification: Must hold appropriate state certification for special education. • Subject Matter Knowledge: Demonstrate proficiency in core subjects. • Bachelor’s Degree: Must have at least a bachelor's degree from an accredited institution. Essay 1. Major Changes to the IEP in the 2004 Reauthorization: The 2004 reauthorization of IDEA introduced several significant changes to the Individualized Education Program (IEP): • Increased Focus on Academic Achievement: IEPs must include measurable annual goals that focus on improving academic performance and align with state academic standards. • Inclusion of Statewide Assessments: IEPs must outline how a student will participate in state and district-wide assessments or the need for alternative assessments. • Transition Planning: Emphasized earlier transition planning, requiring IEPs to include transition services by age 16 (previously 14), focusing on preparing students for post-secondary life. • Disciplinary Procedures: Adjusted the procedures for handling disciplinary actions, including a clear process for determining if a behavior is a manifestation of the student’s disability. 2. Four Major Parts of IDEA and Their Purposes: • Part A: Provides the law’s general provisions, definitions, and purposes. It outlines the overarching goals of IDEA and establishes the legislative framework. • Part B: Focuses on the educational services provided to children with disabilities aged 3 to 21. It covers the requirements for free and appropriate public education (FAPE), IEPs, and procedural safeguards. • Part C: Addresses early intervention services for infants and toddlers (birth to age 3). It outlines services to support developmental progress and family support. • Part D: Provides provisions for national activities to improve special education. This includes funding for research, training, and dissemination of information to enhance special education practices. 3. Major Principles of Part B of IDEA: • Free Appropriate Public Education (FAPE): Ensures that students with disabilities receive education tailored to their individual needs at no cost to parents. • Least Restrictive Environment (LRE): Requires that students with disabilities be educated with their non-disabled peers to the maximum extent appropriate. • Individualized Education Program (IEP): Mandates the creation of a personalized education plan for each student, detailing goals, services, and accommodations. • Procedural Safeguards: Guarantees rights for parents and students, including the right to participate in decisions, access records, and challenge decisions through due process. 4. Development of IDEA: The Individuals with Disabilities Education Act (IDEA) evolved from earlier legislation beginning with the Education for All Handicapped Children Act (EAHCA) of 1975. This landmark law aimed to provide free and appropriate public education to children with disabilities, addressing previous exclusionary practices. Over the years, the law was amended to improve educational outcomes and expand services. Key amendments in 1990 renamed the Act to IDEA, adding new disability categories and enhancing IEP requirements. Subsequent reauthorizations in 1997 and 2004 further refined provisions, focusing on accountability, transition planning, and procedural safeguards, reflecting ongoing advancements in special education. Chapter 5: Section 504 of the Rehabilitation Act Test Questions True or False 1. All students with disabilities who attend public schools, whether or not they are protected by the IDEA, are protected under section 504. 2. Federal funds are available under Section 504 to help school districts meet the requirements of the law. 3. Students with temporary disabilities are never covered under Section 504. 4. The placement of students with disabilities in portable units that are designated solely for use by students with disabilities would be a violation of Section 504. 5. Section 504 identifies the specific individuals who must be on the Section 504 team. 6. Section 504 protects only children and students from age 3 to 21 from discrimination. However, states may choose to extend protection to students for birth to age 2. 7. A student with disabilities who needs related services or accommodations but not a special education is not considered disabled under Section 504. 8. A student with disabilities who is guaranteed a free appropriate education under the IDEA is automatically considered disabled under Section 504. 9. A student with disabilities guaranteed a free appropriate education under Section 504 is automatically considered disabled under the IDEA. 10. 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. Multiple Choice 1. 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 2. 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 3. The Section 504 requirement that educational services designed to meet the needs of students with disabilities must do so as adequately as services designed to meet the needs of students without disabilities is referred to as A. Non-discriminatory education. B. Equivalency. C. Free appropriate public education. D. Least restrictive environment. 4. According to Zirkel, the matter of ______________ has been the subject of more Office of Civil Rights investigations than any other requirement of Section 504. A. Placement B. Discrimination C. Evaluation D. Curriculum appropriateness 5. The multidisciplinary team which convenes to interpret evaluation data and make programming and placement decisions is to be composed of persons who are A. knowledgeable about the student. B. knowledgeable about the meaning of the evaluation data. C. knowledgeable about the placement options. D. All of the above. 6. Which of the following has been determined not to be a disability under Section 504? A. Emotional Disturbances B. Specific Learning Disabilities. C. Orthopedic Impairments D. Communicable Diseases E. All of the above have been determined to be disabilities 7. An area of similarity between Section 504 and the IDEA is that both emphasize A. an equivalency definition of an appropriate education. B. a set of comprehensive rules for school districts to follow in writing IEPs. C. a functional approach to defining a handicap. D. Placement in the least restrictive environment. 8. 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 in private schools. F. Students in special education. 9. In which of the following ways does Section 504 differ from the IDEA? (May be more than one answer) A. Section 504 protects all people with disabilities (regardless of age); the IDEA only benefits students with disabilities. B. The Office of Civil Rights of the Department of Education enforces section 504; the Office of Special Education Programs of the Department of Education enforces the IDEA. C. Section 504 protects persons with disabilities from discrimination but provides no federal money; the IDEA affords educational programming to students with disabilities as well as providing federal money. D. Section does not require that students be evaluated prior to receiving services; the IDEA does require an evaluation. E. Section 504 does not allow school personnel to take the needs of a student’s classroom peers into account when moving a disruptive student with disabilities into a regular classroom; the IDEA does allow the IEP team to take the needs of a student’s classroom peers into account when moving a disruptive student with disabilities into a regular classroom. F. Section 504 does not require that schools develop an IEP for a student with a disability; the IDEA does require that a team of persons develop an IEP for a student with a disability. 10. Which of the following problems should trigger a referral under Section 504? (May be more than one answer) A. A student was referred to special education but a decision was made not to evaluate him or her. B. A student is referred by his or her parents for evaluation under Section 504. C. A student is referred by his or her teacher for evaluation under Section 504. D. A student exhibits a chronic health condition. E. A student may be abusing drugs. F. A student returns to school after a serious illness or injury. G. A student was referred to special education but was determined not to be eligible for services under the IDEA. Short Answer 1. Briefly describe the purpose of Section 504. 2. What are “major life activities” as defined by Section 504? 3. To determine if the limitations of a disability are substantial, what three factors might be taken into consideration? 4. Is the IDEA or Section 504 more specific about defining disabilities? Support your answer. 5. What constitute “otherwise qualified” for an elementary or secondary student. 6. If a student has a physics class on the third floor, and the school does not have an elevator, what is the school responsible for? How could they legally carry out their responsibility? 7. How do the “otherwise qualified” requirements of Section 504 apply to extracurricular activities? 8. Describe examples of accommodations that teachers may make in classroom for students protected under Section 504. 9. Why is it not advisable to use IEP plans for students who are not IDEA eligible? 10. Describe and discuss actions that parents may take under the Section 504 grievance procedures when they believe their child has been discriminated against. Essay 1. How can school districts ensure that they do not discriminate against students with disabilities? 2. List and explain at least 4 administrative responsibilities under Section 504 that school districts must fulfill. 3. List and explain at least 4 educational obligations under Section 504 that school districts must fulfill. 4. Briefly trace the development of Section 504. Answer Key True or False 1. True 2. False 3. False 4. True 5. False 6. False 7. False 8. True 9. False 10. True Multiple Choice 1. d 2. a 3. c 4. c 5. d 6. e 7. d 8. a, b, c, d, and f 9. a, b, c, and f 10. a, b, c, d, e, f, and g Short Answer 1. Purpose of Section 504: Section 504 of the Rehabilitation Act of 1973 aims to prevent discrimination against individuals with disabilities in programs and activities receiving federal financial assistance, ensuring equal access and opportunities. 2. Major Life Activities: These include functions such as walking, seeing, hearing, speaking, breathing, learning, working, and caring for oneself, as defined by Section 504. 3. Determining Substantial Limitations: Factors include the nature and severity of the impairment, the duration or expected duration of the impairment, and the impact of the impairment on the individual’s ability to perform major life activities. 4. IDEA vs. Section 504: IDEA is more specific in defining disabilities by listing specific categories like autism and learning disabilities. Section 504 has a broader definition, focusing on any disability that substantially limits major life activities. 5. “Otherwise Qualified” Definition: An elementary or secondary student is “otherwise qualified” if they meet the essential eligibility requirements for receiving services or participating in programs, including academic and non-academic activities. 6. School Responsibility: The school must ensure accessibility. If no elevator is available, they might provide alternative accommodations, such as relocating the class to a more accessible location or offering assistive technologies to facilitate access. 7. Extracurricular Activities: Section 504 requires that students with disabilities have equal access to extracurricular activities. Schools must provide accommodations to ensure these students can participate fully. 8. Classroom Accommodations: Examples include extended test time, modified assignments, preferential seating, and providing materials in accessible formats, such as large print or audio. 9. IEP Plans for Non-IDEA Eligible Students: IEPs are specific to IDEA-eligible students with disabilities. For those not covered under IDEA, Section 504 plans are used, which are tailored to address their needs without the formal IEP structure. 10. Section 504 Grievance Actions: Parents can file a complaint with the school’s Section 504 coordinator, request a formal investigation, or pursue resolution through the Office for Civil Rights (OCR) for alleged discrimination. Essay 1. Ensuring Non-Discrimination: School districts can ensure non-discrimination by: • Implementing Policies: Establish clear, written policies that comply with Section 504 and promote inclusivity. • Training Staff: Provide regular training for teachers and administrators on disability rights and accommodations. • Conducting Regular Reviews: Assess facilities and programs to ensure accessibility and address any barriers. • Providing Reasonable Accommodations: Make necessary modifications to ensure that students with disabilities can participate fully in all school activities. 2. Administrative Responsibilities Under Section 504: • Designation of a Coordinator: Appoint a Section 504 coordinator to oversee compliance and address grievances. • Development of Grievance Procedures: Create and maintain procedures for handling complaints related to discrimination or non-compliance. • Documentation and Record-Keeping: Maintain records of evaluations, accommodations, and decisions related to Section 504. • Notification: Inform parents, students, and staff about their rights under Section 504 and the procedures for filing complaints. 3. Educational Obligations Under Section 504: • Equal Access to Education: Ensure that students with disabilities have access to the same educational opportunities as their non-disabled peers. • Reasonable Accommodations: Provide necessary accommodations and modifications to enable students to participate in academic and extracurricular activities. • Non-Discriminatory Evaluation: Conduct evaluations to determine if a student has a disability and what services are needed, ensuring that these assessments are free from bias. • Individualized Plan Development: Develop and implement a Section 504 plan that outlines specific accommodations and services tailored to the student’s needs. 4. Development of Section 504: Section 504 of the Rehabilitation Act of 1973 was the first federal civil rights law designed to protect individuals with disabilities from discrimination. It established the principle that individuals with disabilities should have equal access to programs and activities receiving federal financial assistance. Over the years, Section 504 was reinforced by additional legislation and regulations, including the Americans with Disabilities Act (ADA) in 1990, which expanded protections to the broader public and further clarified the rights of individuals with disabilities. Chapter 6: The Americans with Disabilities Act Test Questions True or False 1. The Americans with Disabilities Act (ADA) mandates protections for persons with disabilities against discrimination in both the public and the private sector. 2. The ADA primarily focuses on employment and public services. 3. The impact of the ADA on special education is that it mirrors and extends the protections of the IDEA for students with disabilities. 4. The ADA does not extend civil rights and antidiscrimination protections to privately owned businesses. 5. Like Section 504, Congress specifically offered transsexuals and compulsive gamblers protection under the ADA. 6. Discriminatory treatment, based on false assumptions entitles persons to protection. 7. Punitive damages are not available against the government or governmental agencies under the ADA. 8. School districts that employ 50 or more persons must have an ADA coordinator. 9. Areas of public education that are affected by the ADA include employment, general nondiscrimination, communications and program accessibility. 10. Private membership clubs are covered under the ADA. Multiple Choice 1. 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. 2. Under Title I of the ADA regarding “covered entities” who is covered? A. Public and private school employees B. U.S. government and private membership club employees C. Applicants for employment D. Both a & c 3. Modifications to the job or work environment that will remove barriers and enable individuals to perform a job are called: A. Reasonable accommodations B. Structural reassignments C. Accessibility measures D. Provisionary actions 4. Disability discrimination claims under the ADA must be filed within _________ days of the alleged discrimination. A. 60 B. 90 C. 120 D. 180 5. The ADA is similar to Section 504 of the Rehabilitation Act of 1973, but A. is more specific in disability definitions than 504 B. extends the scope of 504 C. is more lenient with public entities than 504 D. Restricts the scope of 504 6. Which of the following conditions are excluded from coverage under the ADA? (May be more than one answer) A. AIDS B. Pregnancy C. Diabetes D. Compulsive gambling 7. 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 8. Which of the following statements regarding the ADA and Section 504 is true? A. Both laws provide protection against discrimination and federal money to assist entities in their efforts to eliminate discrimination. B. Both laws protect employees with disabilities in the public and private sectors from discrimination. C. Both laws extend protections to federal, state, and local government employees. D. Both laws protect persons with mental or physical disabilities that substantially limit one or more major life activities. 9. School districts that employ more than 50 persons must take the following actions to meet the requirements of the ADA. (May be more than one answer) A. Appoint a compliance coordinator. B. Test all their students, including students with disabilities, on statewide achievement tests. C. Conduct a self-evaluation. D. Correct deficiencies uncovered during the self-evaluation. E. Make their entire school and campus architecturally accessible 10. Which of the following statements about Title V, Miscellaneous Provisions, of the ADA is true? (May be more than one answer) A. States are immune from actions under the ADA. B. Courts and administrative agencies may award attorney’s fees to prevailing parties. C. Retaliation and coercion against persons with disabilities seeking to enforce their rights are not prohibited. D. Where appropriate, parties are encouraged to seek to resolve disputes through litigation. Short Answer 1. Briefly describe the three U.S. Supreme Court rulings that narrowed the definition of disabilities under the ADA? 2. Give 4 examples of public accommodations operated by a private entity that are covered by the ADA. 3. What is the purpose of the ADA? 4. Why is it important that administrators, counselors, and teachers who work with students with disabilities understand the ADA? 5. What is a reasonable accommodation under the ADA? 6. Explain the following statement: To be protected in employment by the ADA, a person must have a disability and the disability must substantially limit one or more major life function. 7. What is a transition plan under the ADA? Is it similar to a transition plan under the IDEA? 8. School districts that employ more than 50 people must appoint a ADA compliance coordinator? Describe some of the duties of a coordinator. 9. When considering new construction and building alterations and the ADA, what does “readily achievable” mean? 10. List the five titles of the ADA. Essay 1. What are the four primary purposes of the ADA? 2. What are reasonable accommodations? Are there any limitations on reasonable accommodations? How can employees determine what constitutes a reasonable accommodation? 3. Who is protected from discrimination under the ADA? Are there any individuals excluded from coverage? 4. Briefly describe the ADA Amendments of 2008. Answer Key True or False 1. True 2. True 3. False 4. False 5. False 6. True 7. True 8. True 9. True 10. False Multiple Choice 1. b 2. d 3. a 4. d 5. b 6. b and d 7. e 8. d 9. a, c, and d 10. b and c Short Answer 1. Three Supreme Court Rulings Narrowing ADA Definition: • Toyota Motor Manufacturing v. Williams (2002): Limited the definition of disability to conditions that substantially limit activities central to daily life, requiring a stricter interpretation. • Sutton v. United Airlines (1999): Determined that mitigating measures (like medication) should be considered when assessing if a condition is a disability. • Murphy v. United Parcel Service (1999): Held that a disability must significantly impair major life activities, excluding impairments that are controlled or mitigated effectively. 2. Examples of Public Accommodations Covered by the ADA: • Restaurants • Hotels • Movie theaters • Retail stores 3. Purpose of the ADA: The Americans with Disabilities Act (ADA) aims to prevent discrimination against individuals with disabilities and ensure they have equal access to employment, public services, and accommodations. 4. Importance for Educators: Understanding the ADA helps administrators, counselors, and teachers ensure compliance with legal requirements, provide appropriate accommodations, and support students with disabilities effectively. 5. Reasonable Accommodation: Under the ADA, a reasonable accommodation is a modification or adjustment to a job, work environment, or public space that allows a person with a disability to perform essential functions or enjoy equal access. 6. Employment Protection Statement: To be protected under the ADA, an individual must have a disability that significantly impairs major life activities, ensuring that the disability is substantial and not minor or temporary. 7. Transition Plan Under the ADA: This is a strategy for moving from one service or support to another, such as from school to work. Unlike IDEA’s transition plan, which focuses on educational and vocational goals for students, ADA’s transition planning is broader and focuses on ensuring equal access and accommodation in various settings. 8. Duties of ADA Compliance Coordinator: Duties include overseeing ADA compliance, handling complaints, ensuring facilities are accessible, providing training on ADA requirements, and developing policies and procedures to support ADA compliance. 9. “Readily Achievable” Definition: In the context of new construction or alterations, “readily achievable” means that the modifications or accommodations can be made easily and without significant difficulty or expense. 10. Five Titles of the ADA: • Title I: Employment • Title II: Public Services • Title III: Public Accommodations • Title IV: Telecommunications • Title V: Miscellaneous Provisions Essay 1. Four Primary Purposes of the ADA: • Prevent Discrimination: The ADA aims to prohibit discrimination against individuals with disabilities in employment, public services, and accommodations. • Ensure Equal Opportunity: It seeks to provide equal opportunities for individuals with disabilities to participate in all aspects of public life, including jobs, education, and services. • Promote Accessibility: The ADA mandates that public facilities and services be accessible to individuals with disabilities, including modifications to physical structures and communication. • Encourage Integration: It encourages the integration of individuals with disabilities into mainstream society by ensuring they have equal access and participation in various settings. 2. Reasonable Accommodations: Reasonable accommodations are modifications or adjustments to a job, work environment, or public space that enable individuals with disabilities to perform essential job functions or access services. Examples include adjusted work hours, accessible workspaces, or specialized equipment. Limitations include accommodations that impose undue hardship on the employer or alter the fundamental nature of a job. Employees can determine what constitutes a reasonable accommodation through interactive discussions with their employer or service provider, considering factors like the effectiveness of the accommodation, the employee's needs, and the impact on the workplace. 3. Protection Under the ADA: The ADA protects individuals with disabilities from discrimination in various domains, including employment, public services, and accommodations. This includes individuals who have a physical or mental impairment that substantially limits one or more major life activities. Exclusions from coverage include individuals whose impairments are temporary, or not significantly limiting, as well as those who pose a direct threat to health or safety that cannot be mitigated. 4. The ADA Amendments Act of 2008 (ADAAA) was enacted to clarify and expand the definition of "disability" under the Americans with Disabilities Act (ADA). Key changes include: • Broadened Definition: The ADAAA broadened the definition of disability to cover a wider range of impairments, ensuring that individuals with various conditions, including those that are episodic or in remission, are protected. • Mitigating Measures: It stipulates that the determination of disability should be made without considering the effects of mitigating measures, such as medication or medical devices, unless the impairment is significantly reduced by these measures. • Major Life Activities: The Act provides an expanded list of major life activities, including those related to major bodily functions, and emphasizes that the term "substantially limits" should be interpreted broadly to ensure coverage. • Disability Determination: It reinforces the idea that the focus should be on whether an individual is being discriminated against, rather than the strict definition of disability, making it easier for individuals to prove their eligibility for protection under the ADA. These amendments aimed to address court decisions that had narrowed the scope of ADA protections and to ensure that more individuals with disabilities receive the protections intended by the original ADA. Test Bank for The Law and Special Education Mitchell L. Yell 9780131376090, 9781292041773, 9780135175361