CH-7-10 The Elementary and Secondary Education Act – The Law and Special Education : Exam Guide

This Document Contains Chapters 7 to 10 Chapter 7: The Elementary and Secondary Education Act Test Questions True or False 1. The most significant change in the federal government’s role in education brought by NCLB was to require that all public schools bring all their students up to state standards in math and reading. 2. The primary purpose of NCLB is to ensure that students in every public school achieve important learning goals while being educated in safe classrooms by highly qualified teachers. 3. States and local school districts must use research-based instruction to teach reading and must assess students’ abilities by measuring progress toward proficiency. 4. NCLB requires states to develop statewide standards and implement a statewide assessment system in reading-language arts and math, but states are not allowed to develop standards and assessment in other areas (e.g., social studies). 5. NCLB includes students who attend private school or who are home schooled. 6. The purpose of testing and reporting on the test scores by subgroups of students, (called disaggregating scores) is to ensure that schools will be responsible for improving the achievement of all of their students. 7. NCLB requires that schools test at least 80% of their students on the statewide assessment systems. 8. There is a cap on the number of students with disabilities who can take an alternate assessment. 9. Federal education NCLB funds are to be expended ONLY on programs and activities that are backed by scientifically based research. 10. Schools must provide notice to parents if a teacher who does not meet the highly qualified requirements has taught their child’s for four or more consecutive weeks. Multiple Choice 1. The federal government’s funding of education has never exceeded approximately ______ of the total amount of money spent on education. Therefore, ______ of all money expended on education is from states and local school districts. A. 10%; 90% B. 25%; 75% C. 30%; 60% D. 15%; 85% 2. The role of the federal government has evolved from primarily ________ to ________. A. Providing financial assistance to requiring highly qualified teachers B. Allocating funds to designating how monies should be spent C. Providing financial assistance to holding states accountable for educational results. D. Generating federal funds for lending to allocating funds to states to assist them in meeting NCLB. 3. Approximately _____ of all public school districts and _____ of all public schools in the United States receive Title I funds. A. 80%; 30% B. 60%; 40% C. 90%; 60% D. 70%; 40% 4. NCLB requires states to develop academic standards for all students in the areas of (may be more than one answer) A. math and reading B. geography and social studies C. foreign language D. science 5. Too often, schools have used programs and practices based on fads, fancy, and personal bias, which have proven to be ineffective. Where as, __________ have been proven to be effective. A. Recommendations from experienced teachers B. Scientifically-based programs C. Newly developed programs D. Both b & c 6. When a school fails to make AYP for three consecutive years, the school will receive technical assistance, develop a school improvement plan, offer public school choice, and must A. reopen as a public charter school B. offer supplemental educational services C. restructure the school internally D. turn the operation of the school over to the state 7. NCLB specifies three basic requirements that public school teachers must meet to be highly qualified. Which of the following is not one of these requirements? A. Teachers must hold a provisional or temporary license from the state department of education. B. Teachers must hold a minimum of a bachelor’s degree from a college or university. C. Teachers must hold a full state teacher certification or licensure for the area in which they teach. D. Teachers must be able to demonstrate subject matter competency in the core academic subjects in which they teach. 8. NCLB clearly delineates the duties that paraprofessionals may perform. These duties include: (May be more than one answer) A. Planning instructional activities B. Providing one-to-one tutoring C. Assisting with classroom management D. Assisting in computer instruction E. Evaluating the achievement of students F. Providing instructional support 9. NCLB requires that states indicate how well students are mastering the content. For those students that have not obtained proficiency, NLCB requires this level be designated as A. Basic B. Below Basic C. Not Proficient D. Bogey 10. The highly qualified teacher requirements of NCLB include funding for teacher development activities. The following professional development activities are acceptable uses of the funding under NCLB? (May be more than one answer) A. Instructing teachers in classroom management skills. B. Instructing teachers in unproven by promising instructional strategies. C. Instructing teachers in improving student achievement through the use of technology. D. Instructing teachers to use data from assessments to increase student learning. E. Instructing teachers to construct statewide tests. F. Instructing teachers in how to work effectively with parents. G. Instructing teachers in how to work use proven instructional strategies that increase student achievement. h. Instructing teachers in the use of unproven instructional procedures that sound good. Short Answer 1. What is adequate yearly progress (AYP)? 2. What actions do schools have to take if they fail to make AYP for two consecutive years; three consecutive years; four consecutive years; five consecutive years? 3. Describe the What Works Clearinghouse. 4. What are accommodations, modification, and alternate assessments and who is eligible to use them? 5. Why did congress include students with disabilities as a separate subgroup to be counted when measuring AYP? 6. Describe three unique aspects of Reading First. 7. Name the five essential components of effective reading instruction included in Reading First. 8. What are the three essential components that make a general education teacher highly qualified according to No Child Left Behind? 9. Describe the four major priorities of President Obama’s blueprint for reauthorizing the Elementary and Secondary Education Act. 10. Describe the National Assessment of Educational Progress (NAEP). What is it? What is it used for? What have the results of the NAEP been telling us? Essay 1. Briefly trace the development of the Elementary and Secondary Education Act. From passage in 1965 to the passage of No Child Left Behind. 2. What is scientifically based instruction? How is it included in ESEA? 3. How does your state define AYP? 4. Explain the following statement: The history of federal involvement characterized by a movement from assistance to accountability? Answer Key True or False 1. True 2. True 3. True 4. False 5. False 6. True 7. False 8. False 9. True 10. True Multiple Choice 1. a 2. c 3. c 4. a and d 5. b 6. b 7. a 8. a, c, d, and f 9. a 10. a, d, f, and g Short Answer 1. Adequate Yearly Progress (AYP): AYP is a measure under the No Child Left Behind Act that assesses schools’ and districts' yearly progress towards achieving state academic standards in key areas like reading and math. 2. Consequences of Failing to Make AYP: • Two Consecutive Years: Schools must offer students the option to transfer to a higher-performing school. • Three Consecutive Years: Schools must provide supplemental educational services, such as tutoring. • Four Consecutive Years: Schools must develop and implement a school improvement plan. • Five Consecutive Years: Schools face more severe actions, including restructuring or closure. 3. What Works Clearinghouse: This is an initiative by the U.S. Department of Education that reviews and reports on the effectiveness of educational programs, practices, and policies to provide educators with evidence-based information for improving student outcomes. 4. Accommodations, Modifications, and Alternate Assessments: • Accommodations: Adjustments to how students access content (e.g., extended test time). • Modifications: Changes to what students are expected to learn (e.g., simplified assignments). • Alternate Assessments: Different types of assessments for students who cannot participate in standard tests. Eligibility is based on individual needs as determined by educational plans like IEPs or 504 Plans. 5. Including Students with Disabilities in AYP: Congress included this subgroup to ensure that schools address the educational needs of students with disabilities and to promote accountability for their educational progress, ensuring they receive appropriate support. 6. Unique Aspects of Reading First: • Focus on Early Reading: Targets early reading skills to improve literacy from a young age. • Research-Based Instruction: Emphasizes the use of scientifically based reading instruction methods. • Funding and Support: Provides targeted funding and professional development to schools to implement effective reading practices. 7. Five Essential Components of Reading Instruction: • Phonemic Awareness • Phonics • Fluency • Vocabulary • Comprehension 8. Highly Qualified General Education Teacher Components (No Child Left Behind): • State Certification: Must hold appropriate state certification. • Bachelor’s Degree: Must have at least a bachelor’s degree. • Subject Matter Knowledge: Demonstrate proficiency in the subject area taught. 9. Obama’s Blueprint Priorities for ESEA Reauthorization: • Raise Standards and Improve Assessments • Recruit and Retain Effective Teachers • Promote Equity in Education • Support Accountability and Flexibility 10. National Assessment of Educational Progress (NAEP): NAEP is a nationwide assessment that evaluates students' academic performance in various subjects. It provides benchmarks for student achievement and trends over time, highlighting areas of progress and gaps in educational equity. Essay 1. Development of the Elementary and Secondary Education Act (ESEA): • 1965: The Elementary and Secondary Education Act (ESEA) was first passed to provide federal funding to improve education for disadvantaged students, focusing on reducing educational inequality. • 1994: The ESEA was reauthorized as the Improving America’s Schools Act (IASA), emphasizing standards and assessments to hold schools accountable for student performance. • 2001: ESEA was reauthorized as No Child Left Behind (NCLB), which introduced more rigorous accountability measures, including Adequate Yearly Progress (AYP) and mandated annual testing to ensure all students achieve proficiency. 2. Scientifically Based Instruction: Scientifically based instruction refers to teaching practices that are grounded in research demonstrating their effectiveness in improving student outcomes. Under ESEA, particularly in programs like Reading First, scientifically based instruction is mandated to ensure that educational practices are supported by empirical evidence, improving teaching quality and student performance. 3. State Definition of AYP: State definitions of AYP vary but generally involve setting performance goals for student achievement and measuring progress against these goals. For instance, states might define AYP based on specific benchmarks in state assessments, graduation rates, and other academic indicators. 4. Movement from Assistance to Accountability: The history of federal involvement in education shows a shift from providing financial assistance to implementing accountability measures. Initially, federal funding aimed to support disadvantaged schools and students. Over time, legislation evolved to include strict accountability standards, requiring schools to demonstrate progress and meet performance benchmarks, as seen with No Child Left Behind and subsequent reauthorizations. This shift underscores a growing emphasis on measurable outcomes and the responsibility of schools to improve student achievement. Chapter 8: Free Appropriate Public Education Test Questions True or False 1. The courts have provided a precise and clear definition for schools to follow when determining if a student’s special education program is conferring meaningful educational benefit. 2. As long as a school offers appropriate programming to students in special education, the choice of educational methodology is up to the school district. 3. Failure to provide with the procedural requirements of the IDEA will always constitute sufficient grounds for ruling that a local education agency has failed to provide an appropriate education. 4. One result of the Board of Education v. Rowley decision is that the U.S. Supreme Court provided the lower courts with a two-part formula to assist them in determining if a FAPE was appropriate. 5. Courts have consistently struck down policies limiting the length of the school year for students with disabilities. 6. In enacting the IDEA, Congress allowed schools to use funding limitations as justification for denying a FAPE. 7. In determining the content of a student’s special education, costs can never be a consideration. 8. Under the IDEA, medical services are available as a related service to students qualifying for special education. 9. A child must be receiving special education to be entitled to related services under the IDEA. 10. Case law indicates that psychotherapy provided by a psychotherapist or psychologist can be a related service. Multiple Choice 1. A child with disabilities who needs related services but does not require special education is protected under which of the following? A. The IDEA. B. Section 504. C. FERPA. D. NCLB. 2. According to the Supreme Court in Rowley, IDEA established a “basic floor of opportunity.” The court defined this as A. an education equal to that provided to students without disabilities. B. instruction that allows the handicapped child to reach his/her maximum potential. C. a guarantee of meaningful access to special instruction & related services. D. the “best” possible education. 3. The federal courts have determined which of the following can be related services if they are necessary to assist a child to benefit from special education? (May be more than one) A. Psychological services B. Cochlear implants C. Transportation D. Health services provided by a school nurse E. Counseling F. Medical treatment performed by a physician 4. In addition to the federal standards that the local education agency must meet, the IDEA includes a requirement concerning state educational agency standards. According to this requirement, if state standards exceed the federal standards A. the LEA must follow the federal standards. B. the LEA may choose to follow either federal or state standard. C. the LEA must follow the state standards. D. None of the above. 5. In extended school year (ESY) cases, school districts have been ordered to provide ESY services when A. the student with disabilities could benefit from such services B. b. the student with disabilities would be harmed an interruption of services C. it is needed to provide an education in the least restrictive environment. D. All of the above. 6. Assistive technology might be required in accordance with (may be more than one answer) A. the least restrictive environment mandate of the IDEA. B. the related services mandate of the IDEA. C. the FAPE mandate of the IDEA. D. Section 504. 7. When an IEP teams a placement decision, which the following factors may be considered in deciding on a student’s placement? (May be more than one answer) A. the student’s IEP B. proximity of the proposed placement to the student’s home school. C. the LRE mandate of the IDEA. D. the availability of services in the proposed placement. E. The cost of the proposed placement 8. Which of the following are/is not a related service that needs to be provided under the IDEA? (May be more than one answer) A. Transportation to a residential setting if needed to provide an appropriate education. B. Transportation to an out of district school if needed to provide an appropriate education when the parents have unilaterally made the placement. C. Vision therapy provided by an ophthalmologist to correct as visual-perceptual problem. D. Full time nursing care in school if needed to provide an appropriate education. 9. The case in which the U.S. Supreme Court first addressed the issue of related services and the IDEA was A. Board of Education v. Rowley B. Irving ISD v. Tatro C. Smith v. Robinson D. Honig v. Doe 10. A bright-line test is A. an IQ test to determine eligibility for special education B. a legislative formula for assisting schools to deliver a FAPE C. an eye sight screening D. an clear test for developed by higher courts to assist lower courts in making decisions. Short Answer 1. In the Rowley decision the Supreme Court developed a twofold inquiry when determining if a student with disabilities is provided an appropriate education. Explain the Rowley case and both parts of this test. How can schools ensure that they meet each part 2. Explain the U.S. Supreme Court’s decision in Winkelman v. Parma City School District (2007) 3. What is a related service? When must a school provide a related service? What are the limitations on related services? 4. Briefly explain the litigation regarding delivering complex health services as related services under the IDEA. 5. When is a student no longer eligible for services under the IDEA? 6. A critical decision in developing FAPE is a student’s placement. Discuss factors that IEP teams should consider in determining placement. 7. Describe procedural and substantive violations of FAPE. 8. Briefly discuss the four components of FAPE. 9. List and define 4 criteria for scientifically based instruction 10. Discuss the IEP team’s responsibilities when a student with disabilities graduates Essay 1. Examine the evolving standards of what constitutes a FAPE from the Rowley decision through IDEA 1997 and IDEA 2004. How has the concept of FAPE changed since the EAHCA was passed in 1975? 2. What is instruction based on peer-reviewed research? How can peer-reviewed research instruction used to ensure a FAPE is delivered to students in special education? 3. Explain the controversy over FAPE and educational methodology. 4. Discuss school district responsibilities with respect to FAPE. Answer Key True or False 1. False 2. True 3. False 4. True 5. True 6. False 7. False 8. False 9. True 10. True Multiple Choice 1. b 2. c 3. a, c, d, and e 4. c 5. b 6. a, b, c, and d 7. a, b, and c 8. b and c 9. b 10. d Short Answer 1. Rowley Decision and Twofold Inquiry: In Board of Education v. Rowley (1982), the Supreme Court established that schools must provide an education that is appropriate under the IDEA. The twofold inquiry is: • Part One: Whether the school provided an education specially designed to meet the student’s unique needs. • Part Two: Whether the education provided meaningful benefit, enabling the student to make progress. Schools ensure this by developing comprehensive IEPs tailored to individual needs and regularly assessing progress. 2. Winkelman v. Parma City School District (2007): In this case, the U.S. Supreme Court ruled that parents of children with disabilities have the right to represent their children in IDEA-related litigation, even if they are not attorneys, and can seek remedies for violations of the IDEA. 3. Related Service: A related service supports a student with a disability to benefit from special education, such as speech therapy or counseling. Schools must provide these services if they are required to ensure a FAPE. Limitations include services not needed for educational benefit or those that are purely medical. 4. Litigation on Complex Health Services: Litigation has addressed whether complex health services, like tube feeding, qualify as related services under IDEA. Courts have generally ruled that if a service is necessary for the student to access education and is not purely medical, it should be provided. 5. Eligibility under IDEA: A student is no longer eligible for IDEA services when they reach age 21 (or 22, depending on the state), graduate with a regular diploma, or no longer meet the criteria for a disability. 6. Placement Factors for IEP Teams: IEP teams should consider: • Least Restrictive Environment (LRE) • Individualized Needs and Goals • Access to the General Curriculum • Support Services Required 7. Procedural vs. Substantive Violations: • Procedural Violations: Failures in the process, such as not providing notice or not following IEP procedures. • Substantive Violations: Failures in delivering the actual educational benefit, such as not meeting IEP goals. 8. Four Components of FAPE: • Free: Education at no cost to parents. • Appropriate: Tailored to meet the student’s needs. • Public: Provided by public educational institutions. • Education: Designed to benefit the student educationally. 9. Criteria for Scientifically Based Instruction: • Empirical Evidence: Supported by research data. • Effectiveness: Proven to improve student outcomes. • Peer-Reviewed: Evaluated by experts in the field. • Replicability: Results can be consistently achieved. 10. IEP Team Responsibilities at Graduation: The IEP team must: • Review Graduation Requirements: Ensure the student meets all requirements. • Prepare Transition Plans: For post-secondary education or employment. • Provide Notice: To parents and the student about graduation and services ending. Essay 1. Evolving Standards of FAPE: Since the Rowley decision (1982), the standards for FAPE have evolved significantly. The Rowley decision established that FAPE requires an education tailored to the student's needs but does not guarantee optimal or best possible outcomes. IDEA 1997 introduced requirements for measurable annual goals and increased accountability for student progress. IDEA 2004 further refined FAPE by emphasizing scientifically based instruction and ensuring that students make progress that is educationally meaningful. Over time, FAPE has shifted from a standard of basic access to one of providing educational benefits and meaningful progress. 2. Peer-Reviewed Research Instruction: Instruction based on peer-reviewed research involves using teaching methods and interventions that have been validated through rigorous studies and published in academic journals. To ensure FAPE, schools can implement these evidence-based practices to provide high-quality, effective education tailored to individual student needs, ensuring that instructional methods are proven to support student progress. 3. Controversy Over FAPE and Methodology: The controversy often centers on the interpretation of what constitutes an "appropriate" education. While FAPE requires educational benefit, disputes arise over whether certain methodologies or instructional practices meet this standard. Parents and advocates may argue for more intensive or specialized methods, while schools might rely on standard, evidence-based approaches, leading to disagreements over what methods best serve individual students' needs. 4. School District Responsibilities for FAPE: School districts must: • Develop IEPs: Create and implement Individualized Education Programs that are tailored to each student's needs. • Provide Services: Deliver special education and related services as outlined in the IEP. • Ensure Access: Make sure that educational environments and curricula are accessible and accommodating. • Monitor Progress: Regularly assess and document student progress to ensure that FAPE requirements are being met. Chapter 9: Identification, Assessment, and Evaluation Test Questions True or False 1. Parental participation in the evaluation process is required. 2. The assessment process is a generalized evaluation that is the typically the same for all students. 3. A medical diagnosis must always be used as part of the evaluation process. 4. Failure to directly link assessment and intervention is can be a problem in due process hearings when school’s IEPs are challenged. 5. A student with an IEP must be completely reevaluated by the school every year. 6. When the local educational agency proposes to assess a student for special education, parents' consent must be obtained prior to the assessment. 7. A school district’s school board is the proper forum for determining whether students with disabilities can appropriately participate in statewide assessment or if they need accommodations, modifications, or an alternate assessment. 8. When parents obtain an independent evaluation of their child, the IEP must consider the results of the evaluation but they are not required to implement the recommendations. 9. School districts may not set a reasonable fee structure for independent educational evaluations. 10. IDEA 2004 does not allow a student to be determined to have a disability under the IDEA if the determining factor leading to the student’s problem was lack of appropriate instruction in reading, including instruction in the essential components of reading (i.e., phonemic awareness, phonics, vocabulary, fluency, and reading comprehension. Multiple Choice 1. According to IDEA 2004 the federal timeframe to complete an evaluation after parental consent has been received is: A. 60 days B. 120 days C. 30 days D. 7 days 2. It is required that a reevaluation be conducted every: A. 90 days B. year C. other year D. 3 years 3. The California case that prohibited the use of intelligence tests as the sole criteria to place African-American children in classes for mentally retarded was A. Larry P. v. Riles. B. Board of Education v. Rowley. C. PASE v. Hannon. D. Crawford v. Honig. 4. Which of the following cases vacated a prohibition against using IQ tests in placing African-American students in all special education placements? A. Larry P. v. Riles. B. Board of Education v. Rowley. C. PASE v. Hannon. D. Crawford v. Honig 5. School district responsibilities regarding an independent educational evaluation (IEE) include which of the following: (may be more than one answer) A. Informing the parents where they may obtain an IEE. B. accepting and implementing the results of an IEE. C. considering the results of an IEE. D. acting on the recommendations in the IEE. 6. Which of the following is not a requirement when assessing a student for special education? A. Using assessment materials that have been validated for the specific purpose for which they are being used. B. Providing and administering assessments in the student’s native language or mode of communication. C. Tailoring the assessing to access specific areas of educational need. D. Using multiple procedures as criteria to determine a FAPE. E. All the above are required. 7. Which of the following decisions may not be made by a student’s IEP team regarding his or her participation in state- and district-wide evaluations? A. The student will participate in state or district-wide evaluations. B. The student will participate in state or district-wide evaluations with modifications or accommodations. C. The student will not participate in state or district-wide evaluations. D. The student will take an alternate assessment. E. All the above decisions can be made by the IEP team. 8. The IDEA requires that the multidisciplinary team prepare a separate written report that describes the evaluation results with students who have which of the following disabilities? A. autism B. emotional disorders. C. learning disabilities. D. mental retardation. E. All of the above. 9. When making an eligibility determination, IDEA 2004 does not allow a student to be determined to have a disability and be eligible for special education if the determining factor is lack of appropriate instruction in reading, lack of instruction in math, or limited English proficiency. This requirement only applies to students with A. autism B. emotional disorders. C. learning disabilities. D. mental retardation. E. All of the above. 10. When making an eligibility determination, the multidisciplinary team must do which of the following in making the eligibility decision? (May be more than one answer) A. Draw on the results of all the information gathered. B. Rely on formulas or quantitative guidelines. C. Ensure that the information is documented and carefully considered. D. Have one person from the team make the eligibility decision. E. Rely on the team’s professional judgment. F. All of the above. Short Answer 1. What is a multidisciplinary team? Who should be members of the team? 2. Explain what the child find system is. Why is it so important? 3. What is an independent educational evaluation (IEE)? When must it be conducted? What actions does the LEA need to take regarding the results of the IEE? 4. What is a severe discrepancy and how did the Individuals with Disabilities Improvement Act change this requirement? 5. Discuss the IDEA’s requirements regarding the assessment/evaluation materials. 6. What are four types of assessment decisions that are made in the special education assessment process? 7. Briefly describe the necessary qualifications of persons who conduct a special education assessment. 8. What is a nondiscriminatory evaluation? 9. What are prereferral interventions? Are there any limitations placed on the use of prereferral interventions? 10. What are the reevaluation requirements of the IDEA? Essay 1. IDEA 2004 does not allow a student to be determined to be a student with a disability if the student’s problem was caused by a lack of appropriate instruction. What implications does this language have for special education; general education. 2. IDEA 2004 does not allow states to require schools to use a discrepancy formula to determine if a student has a learning disability. However, IDEA 2004 does encourage schools to use an evaluation process that determines if a student responds to scientific, research-based interventions. This has been referred to as a response to intervention model. How can such a model be implemented in schools? What are the implications for special education? 3. Explain the substantive requirements of the IDEA with respect to conducting an assessment/evaluation? 4. The IDEA details specific requirements that must be followed in assessing a student for special education. List and explain some of the major procedural requirements when conducting a special education assessment. Answer Key True or False 1. True 2. False 3. False 4. True 5. False 6. True 7. False 8. True 9. False 10. True Multiple Choice 1. a 2. d 3. a 4. d 5. a and c 6. e 7. d 8. c 9. e 10. a, c, and e Short Answer 1. Multidisciplinary Team: A multidisciplinary team is a group of professionals from various disciplines working together to support a student's educational needs. Members typically include special education teachers, general education teachers, school psychologists, speech and language therapists, and occupational or physical therapists. Parents and the student (when appropriate) are also integral members of the team. 2. Child Find System: The Child Find system is a requirement under IDEA to identify, locate, and evaluate all children with disabilities who may need special education services. It is crucial for ensuring that all eligible students are identified early and provided with appropriate educational support. 3. Independent Educational Evaluation (IEE): An IEE is an evaluation conducted by a qualified examiner not employed by the school district. It must be conducted if parents disagree with the school’s evaluation results. The LEA must consider the IEE results and potentially incorporate them into the student’s IEP, but they are not obligated to adopt the recommendations. 4. Severe Discrepancy: A severe discrepancy refers to a significant difference between a student’s intellectual ability and academic achievement. The Individuals with Disabilities Education Improvement Act (IDEIA) of 2004 shifted from using the severe discrepancy model to allowing the use of response to intervention (RTI) methods for identifying specific learning disabilities. 5. Assessment/Evaluation Materials Requirements: IDEA requires that assessment materials be non-discriminatory, valid, reliable, and administered by trained personnel. The assessments should be culturally and linguistically appropriate and used in accordance with the instructions provided by the test developers. 6. Types of Assessment Decisions: • Eligibility: Determining if the student qualifies for special education services. • Program Planning: Identifying the educational needs and appropriate services. • Placement: Deciding the least restrictive environment for the student. • Progress Monitoring: Assessing the effectiveness of the implemented services and interventions. 7. Qualifications for Conducting Assessments: Personnel conducting special education assessments must be qualified professionals with expertise in the specific areas being evaluated, such as psychology, special education, or speech-language pathology. They should be trained in the use of assessment tools and techniques and have knowledge of IDEA requirements. 8. Nondiscriminatory Evaluation: A nondiscriminatory evaluation ensures that the assessment process is fair and unbiased, avoiding discrimination based on race, culture, or language. It involves using valid, reliable, and culturally sensitive methods to accurately assess a student’s needs and abilities. 9. Prereferral Interventions: Prereferral interventions are strategies implemented before formal special education referral to address a student’s difficulties in the general education setting. Limitations include ensuring that these interventions are not used to delay or deny the provision of necessary special education services. 10. Reevaluation Requirements: IDEA mandates that students be reevaluated at least every three years to determine continued eligibility and the need for changes in services. Reevaluation can occur more frequently if requested by parents or teachers, or if the student’s needs change. Essay 1. Implications of IDEA 2004's Language: IDEA 2004's provision that a student cannot be classified as having a disability solely due to inadequate instruction impacts both special and general education. For special education, it emphasizes that the cause of learning problems must be specifically linked to a disability, not poor teaching. This prevents overidentification and ensures that special education services are reserved for genuine needs. For general education, it underscores the necessity for high-quality instruction and early intervention to address academic challenges before considering special education. Teachers must ensure they provide appropriate instruction and identify learning difficulties accurately. 2. Response to Intervention (RTI) Model Implementation: The RTI model can be implemented through a tiered approach: • Tier 1: High-quality instruction and universal screening for all students. • Tier 2: Targeted interventions for students who are identified as at risk based on screening data. • Tier 3: Intensive, individualized interventions for students who have not responded to Tier 1 and 2 supports. This model shifts the focus from identifying a disability based on a severe discrepancy to evaluating a student’s response to scientific, research-based interventions. Implications for special education include the potential for earlier identification of learning disabilities and a focus on evidence-based practices to improve outcomes. 3. Substantive Requirements for Assessment/Evaluation: IDEA requires that assessments be comprehensive and provide a full picture of the student’s abilities and needs. Evaluations must: • Identify: Determine if the student has a disability and its educational impact. • Use Multiple Sources: Gather information from various assessments, including academic performance, teacher observations, and parent input. • Assess in All Areas: Evaluate all areas related to the suspected disability to ensure a thorough understanding of the student's needs. 4. Major Procedural Requirements for Assessing a Student: Key procedural requirements include: • Informed Consent: Obtain written consent from parents before conducting evaluations. • Timelines: Complete evaluations within specific timelines, generally within 60 days of receiving parental consent. • Multidisciplinary Team: Assessments must be conducted by a team of qualified professionals. • Use of Non-Discriminatory Measures: Ensure that evaluations are culturally and linguistically appropriate and do not discriminate against the student. • Written Report: Provide a detailed report of the assessment findings to parents and the IEP team. Chapter 10: The Individualized Education Program Test Questions True or False 1. IDEA 2004 requires that when a student moves from one school district to another, the child's former IEP should be implemented until the new district evaluates the child and creates a new IEP. 2. When writing the IEP and determining special education and related services, the IEP team may consider the student's needs with regard to the availability of services. 3. An individual who can interpret the instructional implications of evaluation results is no longer a required participant on the IEP team. 4. A student’s parents must be informed of their child’s progress toward his or her IEP goals at least every six weeks. 5. An IEP meeting can be held without a student’s parents in attendance if the school is unable to convince them that they should attend. 6. A completed IEP can be presented to a student’s parents at the initial IEP meeting. 7. If a teacher is not implementing an IEP as required, the school must take steps to correct the situation. 8. Procedural violations in an IEP will automatically invalidate the IEP. 9. If the IEP team fails to change instructional procedures when progress-monitoring data indicate that a student is failing to progress could lead to a ruling that a school had denied the student a FAPE. 10. All components of a student’s educational program. Even if they are not part of his or her special education and related services, should be included in the IEP. Multiple Choice 1. Which of the following persons is not required to be in attendance at the IEP meeting? A. The parents or guardians of the child B. The child's special education teacher C. The child's general education teacher D. A representative of the LEA E. The child F. All of the above are required. 2. Which of the following is not required by IDEA to ensure that parents are present at an IEP meeting? A. Parents must be given sufficient notice of the IEP meeting. B. Parents must be notified at least 2 weeks in advance of the IEP meeting. C. School personnel must work with parents to hold the meeting at a mutually agreeable time and place. D. All are required. 3. Annual Goals in the IEP must A. be measurable by standardized achievement tests. B. include benchmarks or short-term objectives that must be rewritten every year. C. correspond to the child's present level of academic achievement and functional performance. D. All of the above. 4. Which of the following components is not required in every IEP? A. A statement of the child's present level of academic achievement and functional performance. B. A statement of measurable annual goals and how they will be measured C. A statement of special education services. D. A statement of the behavior intervention plan. 5. A student’s IEP must be reviewed, and if necessary revised, at least A. every six weeks. B. twice annual. C. annually. D. every three years. 6. When an IEP team places a student with disabilities in a private school, the IEP is the responsibility of the A. referring school B. receiving school C. The state department of education D. All of the above. 7. IDEA 2004 requires that which of the following components of the IEP be based upon “peer-reviewed research” whenever possible. A. The present levels of academic achievement and functional performance B. Measurable annual goals C. Special education services D. All of the above. 8. The most common mistakes that IEP teams make regarding transitions services are (May be more than one answer) A. neglecting to include transition services in the IEPS of students who are 16 or older. B. failing to include the necessary transition personnel in the IEP meeting. C. neglecting to include transition services in the IEPS of students who are 14 or older. D. writing trivial or meaningless transition plans. 9. There is probably less substantive compliance with which of the following IEP requirements than any other: A. The assessment process prior to the IEP meeting. B. Attendance at IEP meetings C. Evaluating a student’s progress toward his or her annual goals. D. The child's present level of academic achievement listed in the IEP. 10. IDEA 2004 eliminated the federal requirement that IEPs include A. transition plans B. benchmarks and short term objectives C. present levels of academic achievement and functional performance D. supplementary aids and services Short Answer 1. If a student’s behavior impedes the learning of him/herself and others, the IEP must contain a behavior intervention plan. Discuss a behavior intervention plan. What should be included in the plan? 2. What is the purpose of measurable annual goals? 3. In determining substantive compliance with the FAPE mandate, courts and hearing officers have examined what components in the IEP? 4. What is progress monitoring? Why is it important to the IEP process? 5. Discuss the persons who are required to attend an IEP meeting. Explain why each of these persons must or be attendance (i.e., what is their function). What other individuals are permitted, but not required, to attend? 6. An IEP meeting can be held without a student’s parents in attendance if the school is unable to convince them that they should attend. In such situations, what actions should the IEP team members take to ensure that they show they have made good faith efforts to attempt to involve the parents? 7. What are transition services and why are they included in the IEP? 8. Explain the following statement: An IEP that produces only trivial educational progress or merely halts educational regress will probably not pass legal scrutiny. 9. Do parents have an absolute veto over the final results of the IEP? What actions can be taken when parents and school-based team members cannot agree on the IEP? 10. What steps should school districts take to ensure parental involvement in the IEP process? Essay 1. Discuss the IEP planning process changes in the Individuals with Disabilities Education Improvement Act. What is the significance of these changes? 2. Discuss the required components that must be included in all students’ IEPs. 3. IDEA 2004 requires that special education services be based to the extent possible on peer-reviewed research. Explain how this will affect the IEP process. 4. The IEP serves a number of important purposes. Discuss four of these purposes. Answer Key True or False 1. True 2. False 3. False 4. True 5. True 6. False 7. True 8. False 9. True 10. False Multiple Choice 1. e 2. b 3. c 4. d 5. c 6. a 7. c 8. a, b, and d 9. c 10. b Short Answer 1. Behavior Intervention Plan (BIP): A BIP outlines strategies to address a student’s challenging behaviors that impede learning. It should include: • Behavioral Goals: Specific, measurable objectives to target. • Interventions: Strategies and supports to reduce problematic behavior. • Data Collection: Methods for tracking behavior changes. • Support Services: Additional help such as counseling or social skills training. • Evaluation: Procedures to assess the effectiveness of the plan. 2. Purpose of Measurable Annual Goals: Measurable annual goals define what a student is expected to achieve within a year. They guide instruction, provide benchmarks for progress, and ensure that educational objectives are clear and quantifiable, facilitating meaningful assessment of the student’s advancement. 3. Components Examined for Substantive Compliance: Courts and hearing officers evaluate: • Specificity of Goals: Whether goals are clear and measurable. • Educational Benefit: The degree to which the IEP provides meaningful progress. • Implementation: Whether services and supports outlined in the IEP are provided. • Review and Adjustment: How frequently progress is reviewed and goals are adjusted. 4. Progress Monitoring: Progress monitoring involves regularly tracking a student’s performance towards IEP goals. It’s crucial for: • Assessing Effectiveness: Evaluates the impact of interventions. • Adjusting Instruction: Allows for timely modifications to strategies. • Ensuring Accountability: Provides data to show whether the student is making expected progress. 5. Required and Permitted Attendees at an IEP Meeting: Required attendees include: • Parents: To provide input and consent to the IEP. • Special Education Teacher: To discuss and implement the IEP’s specialized instruction. • General Education Teacher: To address how the IEP integrates into the general curriculum. • LEA Representative: To ensure resources and services are available. • Student (when appropriate): To participate in transition planning. Permitted but not required attendees may include: • Related Service Providers: To discuss specific services needed. • Advocates or Consultants: To offer additional support or expertise. 6. Actions When Parents Are Absent: If parents cannot attend: • Document Attempts: Record all efforts to involve them. • Provide Written Notice: Send a detailed summary of the meeting. • Offer Alternatives: Schedule another meeting or offer participation via phone. 7. Transition Services: Transition services prepare students for post-school activities, such as higher education or employment. Included in the IEP to ensure that students receive appropriate planning and support to transition smoothly from school to adulthood. 8. IEP Legal Scrutiny: An IEP that only halts educational regression or yields minimal progress may not meet legal standards. It must offer a realistic chance for significant academic improvement and meaningful educational benefit to withstand scrutiny. 9. Parental Veto and Disagreements: Parents do not have an absolute veto but can challenge parts of the IEP. If disagreements persist, options include: • Mediation: A neutral third party helps resolve issues. • Due Process Hearing: A formal procedure to settle disputes legally. 10. Ensuring Parental Involvement: School districts should: • Schedule Meetings Conveniently: Ensure times work for parents. • Provide Clear Information: Offer detailed explanations and translations if needed. • Encourage Participation: Actively involve parents in decision-making and goal-setting. Essay 1. IEP Planning Process Changes under IDEA 2004: IDEA 2004 introduced several key changes to the IEP planning process: • Increased Focus on Measurable Goals: Emphasis on setting specific, measurable annual goals to track student progress more effectively. • Use of Scientific Research: Mandates that educational strategies and interventions be based on peer-reviewed research to ensure they are evidence-based. • Enhanced Accountability: Requires schools to show that special education services are improving educational outcomes, not just providing access. • Inclusion of Transition Planning: Earlier and more detailed transition planning for students to prepare for life after school. These changes underscore the importance of evidence-based practices and accountability, aiming to enhance the effectiveness of special education programs and ensure that students make meaningful progress. 2. Required Components in All IEPs: • Present Levels of Performance: A description of the student’s current abilities and how the disability affects their involvement in the general education curriculum. • Measurable Annual Goals: Specific objectives that the student is expected to achieve within the year. • Special Education Services: Detailed description of the special education and related services to be provided. • Participation with Non-Disabled Peers: How and to what extent the student will participate in regular education classes and activities. • Assessment Modifications: Any necessary accommodations or modifications for standardized testing. • Transition Services (for students 16 and older): Plans for post-secondary education, employment, and independent living. 3. Impact of Peer-Reviewed Research on the IEP Process: Requiring that special education services be based on peer-reviewed research means: • Evidence-Based Interventions: IEPs must include strategies and interventions proven effective through rigorous research. • Informed Decision-Making: Educators and IEP teams must use current, research-supported methods to address the student’s needs. • Continuous Improvement: Regular updates and evaluations of instructional practices to align with the latest evidence-based approaches, enhancing educational outcomes. 4. Purposes of the IEP: • Individualized Education: Tailors educational programs to meet the unique needs of each student with a disability. • Communication Tool: Facilitates clear communication among educators, parents, and other stakeholders about the student’s needs and progress. • Accountability Framework: Provides a basis for measuring progress towards educational goals and ensuring compliance with legal requirements. • Resource Allocation: Guides the allocation of appropriate resources and supports necessary for the student’s educational success. Test Bank for The Law and Special Education Mitchell L. Yell 9780131376090, 9781292041773, 9780135175361