This Document Contains Chapters 11 to Final Exam Chapter 11: Least Restrictive Environment Test Questions True or False 1. Mainstreaming, inclusion, and Least Restrictive Environment are synonymous terms. 2. The IDEA imposes obligations on schools to consider placing students in general education classrooms with supplementary aids and services before considering more restrictive alternatives. 3. The IDEA creates an absolute right for a student with disabilities to be educated in his or her neighborhood school. 4. A school district may refuse to place a student in the least restrictive environment only when it does not have the appropriate placement option. 5. When making the determination regarding the least restrictive environment an IEP team can use a student’s effect on his or her peers in arriving at their determination. 6. The least restrictive environment is always the general education setting. 7. The U.S. Supreme Court has not yet accepted a case interpreting the LRE mandate. 8. The IDEA mandates that all educational facilities, including private schools, implement the LRE regulations. 9. Legislation and litigation regarding LRE and FAPE indicate that the school’s primary obligation is to provide a student in special education with a FAPE. 10. An appropriate interpretation of the LRE litigation is that good faith efforts must be made to educate students with disabilities in integrated setting. Multiple Choice 1. Rank the following settings on the continuum of placements in terms of the degree of restrictiveness of the setting (least-1 to most-4) A. self-contained classroom 1. ____ B. regular classroom 2. ____ C. special school 3. ____ D. hospital setting 4. ____ 2. 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. 3. Although the results of LRE litigation varies, all the cases reviewed in the text (e.g., Roncker, Greer, Daniel R.R., Rachel H., Clyde K, Hartmann) have indicated that A. mainstreaming is not required in every case. B. the Rowley standard is appropriate in judging all LRE cases. C. school districts may have gaps in the continuum of services they offer. D. the Congressional preference for mainstreaming cannot be rebutted. 4. According to the two part Daniel RR test, in judging a school's compliance with LRE the court first must ask whether the child could be educated in the regular classroom with aids and services and if they cannot, the court must ask A. if the service could be transported to a less restrictive setting. B. has the child been mainstreamed to the maximum extent appropriate. C. if the school has complied with all procedural requirements. D. if the placement will result in educational benefit for the child. 5. Which of the following factors (from Rachel H.) was the most important to the court in the Clyde K. decision? A. Academic benefits of regular v. special class placement. B. Nonacademic benefits of regular v. special class placement. C. The effect of the student on the education of others. D. The cost. 6. Who makes the LRE determination? A. the parent B. the school district C. the IEP team D. the school psychologist 7. Which of the following is a misinterpretation of the concept of least restrictive environment? A. To the maximum extent appropriate students with disabilities should be educated with students without disabilities. B. Students should be placed in more restrictive settings when such a placement is required to provide an appropriate education. C. IEP teams should consider the effects of a student's behavior on the education of his or her peers when determining a student's placement. D. Every school district must have a total continuum of alternative placements available from which to choose the appropriate placement. 8. Which of the following settings is never the least restrictive environment for any special education student? A. Mainstream B. Institutional settings C. Homebound instruction D. Self-contained setting E. None of the above 9. When determining the LRE for a student, IEP teams should (may be more than one answer) A. provide services to allow the student to remain in the regular classroom (e.g., supplementary aids and services). B. consider the entire continuum of placements options when determining the student's placement. C. integrate the student in integrated settings whenever possible (if the student is being placed in a more restrictive setting). D. don't consider placement in a setting more restrictive than a special school. 10. Which of the following factors (from Rachel H.) was a very important factor to the court in the Clyde K. decision? A. Academic benefits of regular v. special class placement. B. Nonacademic benefits of regular v. special class placement. C. The effect of the student on the education of others. D. The cost. Short Answer 1. Describe and explain the continuum of alternative placements. What did Congress include the continuum in the IDEA? 2. The concept of least restrictive environment has been referred to as a rebuttable presumption. What is a rebuttable presumption with regards to LRE? 3. Describe two of the following cases. Indicate in which circuits the cases are controlling authority. Cases: Daniel R.R. v. El Paso (1989), Sacramento City Unified School District v. Rachel H. (1994), Clyde K. v. Puyallup School District (1994), Hartmann v. Loudoun County Board of Education (1997). 4. What is the statutory definition of least restrictive environment? Explain the two major parts of this definition. 5. Describe supplementary aids or services that may be used to help a student to be educated in the LRE. 6. When determining LRE, can the IEP consider a student’s effects on the education of other students? If so, how? If not, why not? 7. Explain the following statement: The relative restrictiveness of an educational environment can only be determined in light of a student's individual needs. 8. Does the IDEA guarantee that special education services must be provided in a student’s neighborhood school? Why or why not? 9. Does the LRE mandate of the IDEA apply to nonacademic programs and settings as well as academic setting? 10. Explain how the general curriculum should be part of placement decisions. Essay 1. Explain Champagne’s sequential model for determining placement. 2. Describe four factors that school district personnel should consider when determining placements. 3. Discuss the difference between LRE, mainstreaming, and inclusion. 4. Explain the following statement: The IDEA requires the maximum integration that will work for a student. Answer Key True or False 1. False 2. True 3. False 4. False 5. True 6. False 7. True 8. False 9. True 10. True Multiple Choice 1. a. self-contained classroom 1. _(2) b. regular classroom 2. _ (1) c. special school 3. _ (3) d. hospital setting 4. _ (4) 2. a,b, and c 3. a 4. b 5. c 6. c 7. d 8. e 9. a, b, c, and d 10. c Short Answer 1. Continuum of Alternative Placements: The continuum of alternative placements is a range of educational settings from least restrictive (general education classrooms) to most restrictive (special schools or homebound instruction). Congress included this continuum in IDEA to ensure that students with disabilities are educated in environments that meet their needs while promoting inclusion with peers without disabilities when possible. 2. Rebuttable Presumption with LRE: A rebuttable presumption regarding LRE means that the general education setting is presumed to be appropriate for a student with disabilities unless evidence shows otherwise. This presumption can be challenged if it's demonstrated that the general education environment cannot meet the student’s needs effectively. 3. Case Descriptions: • Daniel R.R. v. El Paso (1989): The 5th Circuit Court ruled that a student with disabilities must be educated in the least restrictive environment possible, considering both the student’s needs and the potential impact on other students. This case established guidelines for balancing inclusion and individual needs. • Sacramento City Unified School District v. Rachel H. (1994): The 9th Circuit Court determined that a student’s placement must be evaluated on specific factors, including the educational benefit of the placement and the potential effect on the student’s peers. This case emphasized the need for individualized decisions. 4. Statutory Definition of LRE: The statutory definition of LRE (Least Restrictive Environment) mandates that students with disabilities should be educated with their non-disabled peers to the maximum extent appropriate. The two major parts are: • Inclusion: Students should be educated in general education settings unless their disability requires otherwise. • Segregation Only as Necessary: Placement in special settings should only occur if the student cannot make satisfactory progress in the general education environment, even with supplementary aids and services. 5. Supplementary Aids or Services: Examples include: • Assistive Technology: Devices or software to aid learning. • Paraprofessional Support: Additional assistance from educational aides. • Modified Instruction: Adjustments to teaching methods or materials. • Environmental Modifications: Changes to the classroom setting to facilitate participation. 6. Effect on Other Students and LRE: Yes, the IEP can consider the effects of a student’s behavior on the education of others when determining LRE. This is done to ensure that the placement does not disrupt the learning environment for other students while balancing the needs of the student with disabilities. 7. Relative Restrictiveness of Environment: The restrictiveness of an educational environment must be evaluated based on the student’s specific needs and how well the environment supports those needs, rather than a blanket standard. 8. Neighborhood School Guarantee: IDEA does not guarantee that special education services must be provided in a student’s neighborhood school. The focus is on ensuring that the placement is appropriate for the student’s needs, which may sometimes require a different setting. 9. LRE and Nonacademic Programs: Yes, the LRE mandate applies to nonacademic programs and settings, such as extracurricular activities and school functions, ensuring that students with disabilities have equal access to all aspects of school life. 10. General Curriculum in Placement Decisions: The general curriculum should be a key factor in placement decisions because it ensures that students with disabilities have access to the same academic content and learning opportunities as their peers, promoting inclusion and educational equity. Essay 1. Champagne’s Sequential Model for Determining Placement: Champagne’s sequential model involves a step-by-step process for determining the most appropriate educational placement for a student with disabilities: • Step 1: Consider the Least Restrictive Environment (LRE): Start with the assumption that the general education setting is appropriate. • Step 2: Assess the Need for Specialized Support: Determine if the student requires special education services or modifications to participate in the general education setting. • Step 3: Implement Supports and Accommodations: Provide necessary aids and adjustments in the general education setting to support the student’s needs. • Step 4: Evaluate Effectiveness: Monitor the student’s progress and adjust the placement if the general education environment is not meeting their needs. • Step 5: Consider More Restrictive Options: If necessary, explore more specialized settings only if the student cannot achieve satisfactory progress in less restrictive environments. 2. Factors to Consider When Determining Placements: • Educational Benefit: Assess whether the student will make meaningful progress in the proposed setting. • Behavioral and Social Impact: Consider how the placement will affect the student’s behavior and social interactions with peers. • Academic Needs: Evaluate the extent to which the placement will address the student’s academic requirements. • Availability of Support Services: Determine if the required special education services and supports are available in the proposed setting. 3. Difference Between LRE, Mainstreaming, and Inclusion: • LRE (Least Restrictive Environment): The IDEA principle that students with disabilities should be educated with their non-disabled peers to the maximum extent appropriate, considering their individual needs. • Mainstreaming: A practice where students with disabilities are placed in general education classrooms for specific subjects or times, often with limited integration. • Inclusion: A philosophy and practice where students with disabilities are fully integrated into general education classrooms and participate in all aspects of school life, with necessary supports provided. 4. IDEA’s Requirement for Maximum Integration: The IDEA mandates that students with disabilities be integrated into general education settings to the fullest extent possible, balancing their need for specialized instruction with the benefits of being with their peers. This means schools must strive to provide educational opportunities within the least restrictive environment that will effectively support the student’s educational progress, avoiding unnecessary segregation and promoting meaningful participation in the general curriculum. 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. Answer Key True or False 1. True 2. False 3. True 4. False 5. False 6. False 7. True 8. True 9. False 10. True Multiple Choice 1. a, c and d 2. b 3. b 4. b 5. d 6. d 7. c 8. a and b 9. a 10. d Short Answer 1. Mediation: Mediation is a voluntary, confidential process where a neutral third party (mediator) helps resolve disputes between parents and schools regarding special education services. The mediator facilitates communication, helps clarify issues, and suggests possible solutions, but does not make binding decisions. Mediators cannot enforce solutions but aim to help parties reach a mutually agreeable resolution. 2. Purpose of Procedural Protections: The procedural protections of IDEA ensure that students with disabilities and their families are provided with fair and equitable processes. They include rights to notice, consent, access to records, and involvement in decision-making to protect against violations and ensure appropriate educational services. 3. Parental Refusal of Consent: If a parent refuses to consent to their child's evaluation, the school may seek to override the refusal through due process hearings. If parents refuse consent for special education services, the school cannot provide those services and may need to pursue legal action to resolve the issue if the refusal impacts the student's right to FAPE. 4. Notification of Rights: Schools must notify parents of their rights under IDEA at key points: during the initial referral for evaluation, before changes in placement or services, when an IEP is developed or revised, and when a dispute arises that may require mediation or due process. 5. IDEA’s “Stay-Put” Provision: The "stay-put" provision ensures that if a dispute arises over a student's placement or services, the student remains in their current educational placement until the dispute is resolved. This provision is crucial to protect the student from disruption and ensure continuity of their education. 6. IDEA Complaint Procedures in [State]: [State-specific procedures vary, but generally include filing a complaint with the state education agency, which investigates and resolves issues related to IDEA violations. The process typically involves a written complaint, an investigation, and a written decision by the state agency.] 7. Resolution Session: A resolution session is a meeting required before a due process hearing where the school district and parents attempt to resolve disputes related to the student’s IEP or special education services. It aims to address issues and reach an agreement without the need for formal litigation. 8. Supreme Court Cases on Tuition Reimbursement: • Florence County School District Four v. Carter (1993): The Court ruled that parents could be reimbursed for private school tuition if the public school failed to provide FAPE, even if the private placement was not state-approved. • Board of Education of the City of New York v. Tom F. (2007): The Court held that parents could not be reimbursed if the private placement did not meet the standards for FAPE and was not considered appropriate. 9. Burden of Persuasion: In administrative hearings related to IDEA, the burden of persuasion typically falls on the school district. This means the school must prove that its actions were appropriate and that the student’s rights under IDEA were not violated. 10. Changes to Attorney’s Fees Provisions: The 2004 reauthorization of IDEA limited attorney’s fees by requiring that fees be reduced if the parent’s claims were found to be unreasonably presented or if the school district made a reasonable settlement offer that the parent rejected. This aims to discourage unnecessary litigation and encourage settlement. Essay 1. IDEA’s General Procedural Requirements: IDEA mandates several procedural safeguards: schools must provide written notice of actions, obtain parental consent for evaluations and services, ensure access to educational records, involve parents in IEP development, and adhere to timelines for evaluations and services. These requirements ensure transparency, parental involvement, and the protection of students' rights. 2. IDEA’s Due Process Hearing Procedure: The due process hearing allows parents and schools to resolve disputes regarding the student's IEP or special education services. A neutral hearing officer conducts the hearing, reviews evidence, and makes decisions. Hearing officers can order changes to the IEP, placement, or services. The losing party can appeal the decision to a higher court. 3. Remedies in IDEA Cases: • Reimbursement: Courts may order schools to reimburse parents for private school tuition if the public school fails to provide FAPE. • Placement Changes: Courts can mandate changes in the student’s educational placement or services to ensure FAPE. • Compensatory Education: Schools may be required to provide additional educational services to compensate for previous failures. • Injunctive Relief: Courts can issue orders to enforce compliance with IDEA provisions or to stop certain practices. 4. State Complaint and Prevention Alternatives: States offer complaint procedures where parents can file formal complaints with the state education agency, which investigates and resolves issues. Prevention alternatives include early intervention programs, mediation services, and resolution sessions designed to address and resolve disputes before they escalate to due process hearings. Chapter 13: Disciplining Students with Disabilities Test Questions True or False 1. When using in-school suspension with students with disabilities, it is not necessary to continue the student’s FAPE. 2. Emergency procedures such as immediate suspension and physical restraint cannot be used unless parents are notified and are allowed to witness the procedure. 3. Students with disabilities who attend public school are subject to a school district’s regular discipline policies. 4. A court may find that a special education student was deprived of a FAPE if the student’s problem behaviors were not addressed in the IEP. 5. A legally and educationally acceptable behavior intervention plan (BIP) is one that describes prohibited behavior and specifies consequences for the misbehavior. 6. Under the IDEA, most discipline procedures used with students in public schools must be adapted to meet the needs of students in special education. 7. The IDEA does not establish a limitation on the number of days per school year students with disabilities can be suspended from school. 8. According to the U.S. Supreme Court corporal punishment in schools is prohibited by the constitution. 9. Emergency procedures such as immediate suspension and physical restraint cannot be used unless parents are notified and are allowed to witness the procedure. 10. It is up to the IEP team to decide which behaviors are impeding the learning of the student and his or her peers and, therefore, should be addressed in the IEP. Multiple Choice 1. The first case in which the U.S. Supreme Court ruled that schools cannot 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 2. Federal courts have held that it is a change of placement to suspend students for A. more than 3 consecutive days. B. more than 5 consecutive days. C. more than 10 consecutive days. D. more than 30 consecutive days. 3. Which of the following procedures is not required for suspensions of 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. Give the student’s parents the opportunity to appeal the decision E. Continue educational services. 4. A manifestation determination hearing must be conducted when expelling students with disabilities or suspending them for over 10 days. According to the IDEA (may be more than one) A. when misbehavior is related to the disability, the child can be expelled. B. when misbehavior is related to the disability the child cannot be expelled. C. educational services may cease when a student is properly expelled. D. the IEP team must conduct the determination meeting. 5. Following the principle of hierarchical application which disciplinary procedure should be attempted first? A. Expulsion B. Timeout C. Proximity control D. Response cost 6. An example of a controlled disciplinary procedure is A. in-school suspension. B. response cos. C. detention. D. corporal punishment. 7. Educational services must be provided to a student with disabilities if he or she is suspended A. 5 cumulative days B. 10 cumulative days C. 20 cumulative days D. 30 cumulative days 8. Which of the following disciplinary actions may be a violation of Section 504? (May be more than one answer) A. Bill, a 4th grade student with emotional and behavioral disorders, is not allowed to go on a class field trip because he received an office referral for violating school rules the week before the trip. Other students in general education classes who received an office referral during the week before the trip only had to stay in from recess the day they received the referral. B. Jeremy, a student in special education, was required to serve one day of in-school suspension for running in the hall. John, a student in general education was also caught running in the hall, he was sent to the office and the principal reprimanded him. C. David, a student with autism, was suspended for 20 consecutive days for breaking a vase on the teacher’s desk. D. Stacey, a student in a special education resource room was sent to isolation timeout, even though this procedure was specifically prohibited in her IEP. 9. 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. selling a controlled substance at school, on school premises, or at a school function. E. inflicting serious bodily injury to another person while at school, on school premises, or at a school function. 10. An interim alternative educational setting (IAES) may be used for disciplinary purposes in which of the following specific circumstances? (May be more than one answer) A. violation of any school rules. B. short-term disciplinary removal for 10 days or less C. long-term disciplinary removals D. when ordered by a school board E. when ordered by a hearing officer Short Answer 1. What is the purpose of a functional behavioral assessment (FBA)? When must an FBA be conducted? 2. Identify two situations in which an FBA must be conducted by the IEP team. 3. What factors are considered in determining whether a series of suspensions would constitute a pattern of exclusions? 4. What are school wide discipline policies? What is their purpose and how do they apply to students with disabilities? Should school wide discipline policies be included in students’ IEPs? 5. All students have substantive due process protections regarding discipline. Discuss these rights. 6. Explain four procedures that school officials should follow to ensure that they don’t violate Section 504 when disciplining students with disabilities. 7. According to Congress there were four major goals of the disciplinary changes of IDEA 1997. Explain these goals. 8. Discuss how IEP team members should address a student’s serious problem behavior. 9. What is a behavior intervention plan? What is its primary purpose and when should it be developed? 10. In certain situations, the IDEA provides protection against suspensions and expulsions when students have not yet been determined to be eligible for special education. In what situations could this occur? Essay 1. Explain permitted, controlled, and prohibited disciplinary procedures, give examples of each procedure. 2. What is a manifestation determination? When must it be performed, why, and by whom? 3. If you were a school district official and were responsible for developing school district policy on disciplining students with disabilities, what policies would you implement? 4. When a student is suspended or expelled when should educational services be provided? Answer Key True or False 1. False 2. False 3. True 4. True 5. False 6. False 7. True 8. False 9. False 10. True Multiple Choice 1. c 2. c 3. e 4. b and d 5. c 6. a 7. b 8. a, b, c, and d 9. a, c. d, and e 10. b, c, and e Short Answer 1. Purpose of a Functional Behavioral Assessment (FBA): An FBA identifies the underlying causes of a student’s challenging behavior and informs the development of effective interventions. It must be conducted when a student's behavior impedes their learning or that of others, or when considering a change in placement due to behavioral issues. 2. Situations Requiring an FBA: • When a student with a disability exhibits significant behavior issues that impede their or others' learning. • Before implementing a behavior intervention plan (BIP) or modifying an existing BIP. 3. Determining a Pattern of Exclusions: Factors include the length of each suspension, the total amount of time the student is removed, and the proximity of the suspensions to each other. Consistent and frequent removals can indicate a pattern of exclusion. 4. School-Wide Discipline Policies: These are rules and procedures applied across the entire school to manage behavior and ensure safety. They must accommodate students with disabilities by considering their individual needs and behavior plans. Including these policies in IEPs helps align individual and school-wide expectations. 5. Substantive Due Process Protections: Students have the right to fair procedures before being disciplined, including the right to a hearing and the opportunity to present their case. Disciplinary actions must be consistent and cannot be arbitrary or excessive. 6. Procedures to Avoid Violating Section 504: • Conduct a manifestation determination review to assess if the behavior is related to the disability. • Ensure that discipline is applied fairly and does not discriminate against students with disabilities. • Provide appropriate accommodations and supports as specified in the student’s IEP or 504 Plan. • Consider the impact of suspensions or expulsions on the student’s access to FAPE. 7. Goals of Disciplinary Changes in IDEA 1997: • To improve consistency in discipline practices for students with disabilities. • To ensure fair and equitable treatment regarding suspensions and expulsions. • To enhance the focus on behavioral interventions and supports. • To clarify the procedural protections for students facing disciplinary actions. 8. Addressing Serious Problem Behavior: IEP teams should use data from FBAs to create and implement effective behavior intervention plans, involve specialized staff if needed, and regularly review and adjust interventions based on the student’s progress. 9. Behavior Intervention Plan (BIP): A BIP outlines strategies and supports to address and improve specific behavioral issues. It is developed after an FBA and aims to prevent problematic behavior and promote positive behavior. 10. Protections for Students Not Yet Determined Eligible: If a student is suspected of having a disability and exhibits behavior that would require special education services if determined eligible, IDEA protections apply. This ensures that disciplinary actions are not taken without considering the student’s possible disability and its impact. Essay 1. Permitted, Controlled, and Prohibited Disciplinary Procedures: • Permitted: These are disciplinary actions allowed under IDEA and Section 504, such as in-school suspension, detention, and behavioral interventions. For example, a student might be assigned to a quiet room for a brief period to regain composure. • Controlled: These procedures require adherence to specific guidelines to avoid violating students' rights. For example, short-term suspensions (less than 10 days) are controlled and must be implemented with consideration of the student's IEP or 504 Plan. Schools must ensure that the student continues to receive FAPE during these periods. • Prohibited: These include practices that are deemed harmful or excessive, such as corporal punishment, isolation without supervision, or expulsions without due process. For instance, a school cannot use physical restraint or seclusion as punishment without following strict regulations and ensuring it’s not overused. 2. Manifestation Determination: A manifestation determination is a review process to decide if a student’s behavior is a result of their disability. It must be performed: • When: If a student with a disability is facing a significant disciplinary action (suspension of more than 10 consecutive days or expulsion). • Why: To ensure that the behavior is not a manifestation of the student's disability and to determine if the current IEP or placement needs to be adjusted. • By Whom: The IEP team, which includes parents, teachers, and school officials, conducts the review. 3. School District Policy on Disciplining Students with Disabilities: • Develop Comprehensive Guidelines: Ensure policies comply with IDEA and Section 504, addressing procedural safeguards, manifestation determinations, and behavioral interventions. • Implement Supportive Interventions: Use FBAs and BIPs to address and prevent behavioral issues, incorporating them into the IEPs as needed. • Ensure Fairness: Provide training for staff on legal requirements and best practices for disciplining students with disabilities. • Monitor and Review: Regularly assess the effectiveness of discipline policies and make necessary adjustments based on data and feedback. 4. Provision of Educational Services During Suspensions or Expulsions: Educational services should be provided: • When: For suspensions exceeding 10 consecutive school days, and during expulsions if the removal constitutes a change in placement. • How: Schools must offer services that enable students to continue progressing towards their IEP goals and maintain their education as close to the regular setting as possible. For example, alternative educational settings or home instruction may be provided. Chapter 14: Additional Issues Test Questions True or False 1. Teachers and schools can release themselves from damages by having parents sign waivers or releases. 2. The school may deny a parent’s request to amend records that are believed to be misleading or incorrect. 3. A court could order a public school to reimburse parents for a student’s private school placement if the public school fails to provide an appropriate education. 4. Public schools are not obligated to include parent-enrolled private school students in the child find process. 5. The U.S. Supreme Court has used the Lemon Test to strike down direct monetary reimbursement to parochial schools for state-mandated educational expenditures. 6. School districts have the same obligations to parentally placed private school students with disabilities as they do to public school students with disabilities. 7. The U.S. Supreme Court has ruled that there is a Constitutional prohibition against providing certain related services to special education students in parochial or religious-affiliated schools. 8. The most common category of tort violations brought against teachers involves negligence. 9. Negligence claims brought against teachers often involve inappropriate and excessive disciplining of students. 10. When parents of students in special education request destruction of their child’s educational records, they should be informed that the records may be useful at a later date. Multiple Choice 1. Under FERPA, school districts must obtain parental consent to release student records to all of the following third parties except: A. Officials representing schools to which a student has applied. B. School personnel with a legitimate educational interest. C. Persons responsible for determining eligibility for financial aid. D. Administrators in charge of underwriting a student’s insurance policy. 2. If parents place their disabled child in a private school, public schools are responsible for: A. identification and evaluation of the student. B. writing the student’s IEP and offering special education services. C. both a & b. D. none of the above. 3. When 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. 4. Contributory negligence is difficult to prove if students are between the ages of ___ and ___, unless they are quite intelligent and mature. A. 7 and 14 B. 15 and 18 C. 19 and 24. D. All of the above. 5. Which of the following is not an educational record under the Family Educational Rights and Privacy Act (FERPA)? (May be more than one answer) A. A student’s disciplinary records. B. A student’s IEP. C. A teacher’s personal notes placed in a separate file (e.g. teacher's file). D. Records of a law enforcement officer working in a school. 6. Courts have been most inclined to hold educators liable for damages when A. schools identify but do not properly program for SPED children. B. schools use inappropriate disciplinary procedures. C. school personnel’s actions have led indirectly to emotional trauma. D. their failure to properly supervise students has led directly to personal injury. 7. Which of the following is not a core characteristic of a response to intervention (RTI) system? A. A schoolwide discipline plan B. A screening system for identifying academic and behavior problems C. A continuous progress monitoring system D. Multiple tiers of increasing intensity of support 8. Two defenses often used against liability claims are A. Assumption of risk. B. Contributory negligence. C. Waiver of rights. D. All of the above 9. When parents request destruction of their child’s educational record, schools may retain which of the following pieces of personally identifiable information? (May be more than one answer) A. Name, address, and phone number. B. Grades, attendance records, grade level completed. C. Disciplinary records, office referral, and number of days suspended. D. All of the above. 10. IDEA 2004 requires that public school offer the following services to parentally placed private school special education students. (May be more than one answer) A. Locating students through the child find process. B. Identification and evaluation. C. Providing on-site special education services. D. Consult with private school officials. Short Answer 1. Explain the two reasons that Senator Buckley introduced the Family Educational Rights and Privacy Act (FERPA). 2. When conducting searches of students or their property, school district officials should adhere to three rules. Discuss these three rules. 3. What is the exclusionary rule? Does it apply in school settings? 4. What obligations do school districts have to students parentally placed in private schools? 5. What is response to intervention (RTI)? Where did it originate in the IDEA and how has it changed? 6. What are tort laws? Explain the two major types of tort violations. 7. Briefly discuss information that IDEA requires be supplied to parents of students with disabilities regarding student records. 8. Discuss principles that should be followed when school districts develop policies involving locker searches. 9. What actions can a school district take to avoid liability for student injury? 10. Explain the concept of a reasonable standard of care and how it is important in cases regarding negligence. Essay 1. Schools must adhere to three primary requirements contained in FERPA. Explain these requirements. 2. Explain the four elements that must be proven in a negligence case. 3. Identify and explain responsibilities that school districts should meet with respect to school districts’ student care and supervision. 4. Discuss 4 recommendations that school district officials should follow when developing RTI systems. Answer Key True or False 1. False 2. True 3. True 4. False 5. True 6. False 7. False 8. True 9. True 10. True Multiple Choice 1. d 2. c 3. c 4. a 5. c and d 6. d 7. a 8. a and b 9. a and b 10. a, b, and d Short Answer 1. Senator Buckley and FERPA: Senator Buckley introduced FERPA to: • Protect Privacy: Ensure that students’ educational records are kept confidential and only shared with authorized individuals. • Give Access: Allow parents and eligible students the right to access and review their educational records, promoting transparency and accountability. 2. Rules for Conducting Student Searches: • Reasonable Suspicion: Searches should be based on reasonable grounds that a student is violating school rules or laws. • Scope of Search: Searches should be limited in scope to what is necessary to address the suspected violation. • Respect Privacy: Searches should be conducted in a manner that respects the student's privacy and dignity. 3. Exclusionary Rule: The exclusionary rule prevents illegally obtained evidence from being used in court. It applies to school settings in that evidence obtained through violations of student rights might be excluded from disciplinary proceedings or legal actions. 4. Obligations to Students in Private Schools: School districts must provide equitable services to students with disabilities placed in private schools by their parents, including offering special education services that align with their needs as identified in IDEA. 5. Response to Intervention (RTI): RTI is a tiered approach to early intervention and support for students struggling academically. Originating as part of IDEA 2004, it shifted from a specific eligibility criterion for learning disabilities to a broader, preventative framework for addressing academic difficulties. 6. Tort Laws: • Negligence: Failure to exercise reasonable care, leading to harm (e.g., accidents due to inadequate supervision). • Intentional Torts: Deliberate actions causing harm (e.g., assault or battery). 7. IDEA and Student Records: IDEA requires that parents of students with disabilities be provided access to their child's educational records, including the right to review and request corrections to those records. 8. Locker Search Policies: • Clear Guidelines: Establish and communicate clear policies about when and how locker searches can occur. • Reasonable Grounds: Conduct searches based on reasonable suspicion of rule violations. • Student Privacy: Ensure searches are carried out respectfully and discreetly. 9. Avoiding Liability for Student Injury: • Implement Safety Protocols: Establish and enforce comprehensive safety and emergency procedures. • Regular Training: Train staff on safety and supervision practices. • Conduct Risk Assessments: Regularly assess and address potential hazards on school premises. 10. Reasonable Standard of Care: The reasonable standard of care is the level of caution and concern an average person would use in similar circumstances. In negligence cases, it determines whether actions taken were adequate to prevent harm, influencing liability decisions. Essay 1. FERPA Requirements: • Access to Records: Schools must allow parents and eligible students to inspect and review educational records. This ensures transparency and enables them to correct inaccuracies. • Consent for Disclosure: Schools must obtain written consent before disclosing personally identifiable information from student records, except in specific, legally defined situations such as emergencies or to certain officials. • Privacy Protection: Schools must protect the privacy of student records by ensuring that records are kept confidential and only accessible to authorized personnel. This includes implementing secure storage and access controls. 2. Elements of Negligence: • Duty of Care: The defendant must have had a legal obligation to act with a certain standard of care. • Breach of Duty: The defendant failed to meet that standard, either through action or inaction. • Causation: The breach must be shown to be the actual cause of the plaintiff’s injury, meaning the injury would not have occurred but for the defendant’s actions. • Damages: The plaintiff must have suffered actual harm or injury as a result of the breach. 3. Responsibilities for Student Care and Supervision: • Supervision: Ensure that students are adequately supervised at all times during school hours and activities to prevent accidents and injuries. • Safety Protocols: Implement and enforce safety measures, including emergency plans and regular safety drills, to protect students. • Staff Training: Provide training for staff on proper supervision techniques, recognizing and addressing hazards, and emergency response. • Monitoring and Evaluation: Regularly assess and update safety and supervision policies based on feedback and incident reports to improve student safety. 4. Recommendations for Developing RTI Systems: • Tiered Interventions: Establish a multi-tiered system of support with escalating levels of intervention based on student needs, ensuring that all students receive appropriate support. • Data-Driven Decisions: Use data from regular assessments to inform instructional decisions and determine the effectiveness of interventions. • Professional Development: Train staff on RTI practices, including how to implement interventions and analyze data to support student progress. • Family Involvement: Engage families in the RTI process by communicating regularly about their child’s progress and involving them in intervention planning and decision-making. Final Examination Category A–40 (Answer both of these questions) 1. The Individuals with Disabilities Education Act (IDEA) contains a number of major principles concerning the education of children with disabilities. Six of these principles are as follows: Zero reject, protection in evaluation, free appropriate public education, least restrictive placement, procedural due process, and parent participation. Explain these principles and how they influence special education practice. 2. The Elementary and Secondary Education Act (ESEA) is a comprehensive and complex education law that is the most significant expansion of the federal government’s role in education in our nation’s history. The law increased federal funding to the states and also increased requirements of states, school districts, and schools. Explain the purpose, structures, and major principles of the ESEA and how it is affecting general and special education. In your answer, discuss how the federal government’s role in education has evolved. Category B–60 (Answer 3 of the following questions) 3. Currently, one of the more highly litigated areas in special education concerns placement of students with disabilities in the least restrictive environment. Define the term least restrictive environment. Explain the continuum of placements. A number of court cases have clarified the meaning of LRE. Explain the important aspects of these cases. What should school districts do to make certain they are in compliance with this aspect of the IDEA? 4. What is the meaning of free appropriate public education (FAPE)? Discuss the US Supreme Court case of Board of Education v. Rowley, paying particular attention to the twofold inquiry. Discuss the development of individualized education programs and why they are important to FAPE. Finally, discuss how the concept has evolved from the passage of the education of All Handicapped Children Act in 1975 to the reauthorization and amending of the IDEA in 2004. How can school district officials ensure that IEP team members meet their responsibilities under the IDEA? 5. A student’s individualized education program (IEP) is the blueprint of his or her FAPE. Explain the IEP development process. Who are required to be on the IEP team? What are the content components of an IEPs? How can school districts ensure that their IEP teams develop educationally meaningful and legally correct IEPs? 6. Litigation concerning the discipline of students in special education has seemingly created a system that is different from the system for students in regular education. Why are they different? Explain the discipline sections in IDEA 1997 and IDEA 2004. In your discussion consider the three major categories of disciplinary procedures, the manifestation determination, disciplining dangerous students with disabilities, the interim alternative placement, providing educational services and the behavior intervention plan. Answer Key Category A 1. Major Principles of IDEA • Zero Reject: Ensures all children with disabilities are provided education, regardless of severity. • Protection in Evaluation: Requires non-discriminatory evaluations to accurately determine disability and educational needs. • Free Appropriate Public Education (FAPE): Guarantees an education that is tailored to each child’s needs at no cost. • Least Restrictive Environment (LRE): Mandates education alongside non-disabled peers as much as possible. • Procedural Due Process: Provides parents rights in decision-making and challenges, including hearings and mediation. • Parent Participation: Ensures parental involvement in IEP development and educational decisions. These principles guide special education practice by ensuring inclusive, fair, and individualized education, protecting student rights, and fostering collaboration between schools and families. 2. Elementary and Secondary Education Act (ESEA) • Purpose: Aims to close achievement gaps and ensure quality education for all students, particularly those from disadvantaged backgrounds. • Structures: Provides federal funding, sets educational standards, and enforces accountability measures. • Major Principles: Accountability for student performance, regular assessments, and equity in education. • Impact: Promotes educational improvement and accountability, affecting both general and special education by driving reforms and enhancing resource allocation. The federal government’s role has evolved from minimal oversight to a more active role in setting standards and funding, emphasizing educational equity and quality. Category B 3. Least Restrictive Environment (LRE) • Definition: LRE mandates that students with disabilities should be educated with their non-disabled peers to the greatest extent appropriate. • Continuum of Placements: Includes settings from full inclusion in general education to separate schools, depending on the student’s needs. • Important Cases: Board of Education v. Rowley (1982) affirmed that FAPE requires more than just minimal benefits. Endrew F. v. Douglas County School District (2017) set a standard for meaningful educational progress. • Compliance: Schools should regularly review IEPs, involve parents, and ensure staff are trained in LRE principles to meet IDEA requirements. 4. Free Appropriate Public Education (FAPE) • Meaning: FAPE requires that education be provided at no cost and meet each child’s unique needs effectively. • Board of Education v. Rowley: Established that educational benefit must be more than minimal; the IEP must be tailored to the child’s needs. • Evolution: From the 1975 Act to 2004 IDEA amendments, the focus shifted to more precise requirements for IEPs and accountability for educational progress. • Ensuring Compliance: Schools should provide thorough training for IEP team members and ensure regular IEP reviews and updates. 5. IEP Development Process • Process: Begins with referral and evaluation, followed by an IEP meeting, implementation, and annual review. • Team Members: Include parents, regular and special education teachers, school representatives, and others as needed. • Content Components: Include current performance levels, measurable goals, services provided, and accommodations. • Ensuring Quality: Schools should use data-driven assessments, involve all team members, and regularly review and revise IEPs. 6. Discipline in Special Education • Differences: IDEA provides additional protections for students with disabilities, ensuring their educational rights are upheld during disciplinary actions. • IDEA 1997 & 2004: Established procedures for manifestation determinations, interim alternative placements, and behavior intervention plans. • Categories of Procedures: Include manifestation determination (whether behavior is linked to disability), interim alternative placements (for up to 45 days for dangerous behavior), and behavior intervention plans. • Compliance: Schools must conduct proper determinations, maintain educational services during removals, and develop effective behavior plans. Test Bank for The Law and Special Education Mitchell L. Yell 9780131376090, 9781292041773, 9780135175361
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