Midterm

Question 1

What year was IDEA enacted?

Answer 1

1975

Enacted by President Gerald Ford.

Question 2

What are the 13 criteria for eligibility under IDEA?

Answer 2

• Specific Learning Disabilities
• Speech or language impairments
• Mental retardation
• Emotional disturbance
• Multiple disabilities
• Hearing impairments
• Orthopedic impairments
• Other health impairments
• Visual impairments
• Autism
• Deaf-blindness
• Traumatic brain injury
• Developmental delay

Question 3

What is the constitutional foundation of IDEA?

Answer 3

Promote general welfare and provide consistent education opportunities

Related to 1st, 5th, 10th, 14th, and 11th Amendments.

Question 4

Does the 11th Amendment provide states with immunity under IDEA?

Answer 4

No.

Question 5

What is the Handicapped Children Protection Act (HCPA)?

Answer 5

Gives parents the right to recover attorney’s fees if they prevail against a school district.

Question 6

What significant changes were made to IDEA in 1990?

Answer 6

• Terminology changed from ‘handicapped’ to ‘disability’
• Added autism and traumatic brain injury as categories
• Introduced transition services

Question 7

What was restructured in IDEA 1997?

Answer 7

Restructured from 8 subchapters to 4 subchapters (A-D).

Question 8

What does IDEA 2004 aim to improve?

Answer 8

• Results for students in special education
• Streamlining the special education process
• Enhancing the quality of special education programs

Question 9

What is the purpose of Early Intervening Services under IDEA?

Answer 9

To provide supportive services to students not yet identified with disabilities.

Question 10

What does RTI stand for?

Answer 10

Response to Intervention.

Question 11

Who has the right to go to due process hearings?

Answer 11

Schools and parents.

Question 12

What is the timeline for filing a due process hearing?

Answer 12

Within 2 years.

Question 13

What is the intent of Section 504?

Answer 13

Eliminate discrimination on the basis of disability.

Question 14

What types of institutions does Section 504 cover?

Answer 14

Public only, not private.

Question 15

What are the eligibility criteria for Section 504?

Answer 15

• Physical/mental impairment that substantially limits one or more life activities
• Record of impairment
• Regarded as having an impairment

Question 16

What are the components of Section 504 Subpart D?

Answer 16

• Location and notification
• Free & appropriate education
• Testing/evaluation/placement
• Procedural safeguards
• Non-academic services
• Access to records

Question 17

How does IDEA differ from Section 504 regarding funding?

Answer 17

IDEA provides funding from the federal government, while Section 504 does not.

Question 18

What is the ADA’s intent?

Answer 18

Eliminate discrimination on the basis of disability in the private sector.

Question 19

What are the key provisions of NCLB?

Answer 19

• Accountability for AYP
• Highly qualified teachers
• Scientifically based instruction

Question 20

What does the Endrew Standard clarify?

Answer 20

An IEP must be reasonably calculated for a student to make progress in light of the child’s circumstances.

Question 21

What are the four components of an IEP?

Answer 21

• Present level of performance
• Measurable goals
• Special education services
• Progress monitoring

Question 22

What is the significance of the Rowley case?

Answer 22

Established standards for access to FAPE and IEP evaluation.

Question 23

What does ‘zero reject’ mean in the context of IDEA?

Answer 23

No child with a disability can be denied services once qualified.

Question 24

What is the timeline for evaluations under IDEA?

Answer 24

Evaluation must be completed within 60 days of parental consent.

Question 25

What is the role of Pre-referral Teams?

Answer 25

Identification of students to keep them in general classrooms.

Question 26

What landmark case prohibited the use of IQ tests for African American students in California?

Answer 26

Larry P. Case (1979).

Question 27

What does the term 'Independent Evaluation' mean in IDEA?

Answer 27

Parents have the right to request an independent evaluation.

Question 28

What is the significance of the Diana case?

Answer 28

Dealt with testing language barriers for non-English speaking students.

Question 29

What case dealt with the issue of testing students in English who do not speak English?

Answer 29

Diana case (1981) ## Footnote Addressed language barriers in educational assessments.

Question 30

What was the outcome of the Compton case regarding student transition from middle school to high school?

Answer 30

School dismissed the student without providing services ## Footnote The student exhibited concerning behaviors.

Question 31

What is the intent of an IEP?

Answer 31

Sets forth the free appropriate public education for a child with a disability ## Footnote Individualized programming and related services.

Question 32

What is the legal status of an IEP?

Answer 32

It is legally binding but does not guarantee achievement of goals.

Question 33

Who are the participants in an IEP team?

Answer 33

Parent, regular education teacher, special education teacher, LEA representative, student (if appropriate), school psychologist ## Footnote Others may be included at the discretion of parents/LEA.

Question 34

What does the Rowley two-step standard assess?

Answer 34

* Compliance with procedures set forth in the Act * Whether the IEP enables the child to receive educational benefits

Question 35

What changes did IDEA 2004 make regarding IEP benchmarks and short-term objectives?

Answer 35

Deleted benchmarks and short-term objectives for children with disabilities, except for those taking alternate assessments.

Question 36

What are the four areas of IEP content?

Answer 36

* Present level of performance * Goals * Special education and related services * Progress monitoring

Question 37

What is the purpose of IEP review?

Answer 37

Must be reviewed annually before the anniversary date.

Question 38

What is the requirement for IEP accessibility?

Answer 38

Access granted to regular education teacher, psychologist, and school counselors involved in the child’s education.

Question 39

What happens to the IEP of transfer students from out of state?

Answer 39

They receive comparable services until a new IEP can be formed.

Question 40

What must the IEP team consider regarding independent evaluations?

Answer 40

They must consider independent evaluations if they impact placement and programming.

Question 41

What are the key standards for Extended School Year (ESY) eligibility?

Answer 41

* Regression * Recoupment

Question 42

What does the LRE principle emphasize?

Answer 42

Students should have access to educational opportunities close to peers.

Question 43

What is the Feasibility Portability Test?

Answer 43

Determines if services in a segregated setting can be provided in an integrated setting.

Question 44

Under what conditions is inclusion not necessary according to Hartmann?

Answer 44

* Student with disability would not benefit * Marginal benefits would be outweighed by separate setting benefits * Student’s presence is disruptive

Question 45

Are related services included in the list exhaustive?

Answer 45

No, they may include other developmental, corrective, or supportive services.

Question 46

What does the Tatro Bright Line Test determine?

Answer 46

It distinguishes between medical services exempted and those that can be provided in a school setting.

Question 47

What was the significance of Cedar Rapids v. Garrett F.?

Answer 47

Established that schools must provide necessary medical services during school hours.

Question 48

What does the Sutton Trilogy and ADA Amendments of 2008 address?

Answer 48

Mitigating factors related to disabilities.

Question 49

What does the term 'zero-reject policy' refer to?

Answer 49

No student can be denied access to education due to a disability.

Question 50

Fill in the blank: The IEP must be reviewed _______.

Answer 50

annually

Question 51

True or False: IEPs can have an appendix for changes.

Answer 51

True

Question 52

What is the role of the LEA representative in the IEP team?

Answer 52

Must know about general education curriculum and school resources.

Question 53

What key standard does regression refer to in the context of ESY?

Answer 53

Decline in knowledge and skills from an interruption in education.

Question 54

What is the role of the school psychologist in the IEP team?

Answer 54

Interpret the assessment results.

Question 55

What is the key aim of an IEP?

Answer 55

To provide educational benefits tailored to the child's needs.

Question 57

What type of law is IDEA?

Answer 57

Educational law

Question 58

What type of law is Section 504?

Answer 58

Civil rights act (like Title I)

Question 59

Does IDEA receive funding from the federal government?

Answer 59

Yes, funding from federal gov.

Question 60

Does Section 504 receive funding from the federal government?

Answer 60

No funding from federal gov.

Question 61

What is the purpose of IDEA?

Answer 61

Funding to provide FAPE

Question 62

What is the purpose of Section 504?

Answer 62

Eliminate discrimination on basis of disability

Question 63

What does FAPE stand for?

Answer 63

Free Appropriate Public Education

Question 64

Does IDEA require the provision of FAPE?

Answer 64

Must provide

Question 65

Does Section 504 require the provision of FAPE?

Answer 65

Must provide

Question 66

What are the eligibility criteria for IDEA?

Answer 66

Diagnosis (1 of 13 disabilities) -- adverse effect on education

Question 67

What are the eligibility criteria for Section 504?

Answer 67

History of disability, disability impacts major life event (learning), perception of disability

Question 68

Does IDEA provide a due process hearing?

Answer 68

Yes, due process hearing

Question 69

Does Section 504 provide a due process hearing?

Answer 69

Yes, district court

Question 70

What is required for exhaustion under IDEA?

Answer 70

Due process hearing (have to)

Question 71

Is exhaustion required before going to court under Section 504?

Answer 71

Do not have to go through a hearing

Question 72

Who enforces IDEA?

Answer 72

State/dept. of education

Question 73

Who enforces Section 504?

Answer 73

OCR (Office of Civil Rights)