Special Ed Law

Front 1

What does the acronym IDEA stand for?

Back 1

Individuals with Disabilities Education Act

Front 2

What are the two purposes of IDEA?

Back 2

To provide funding for a free appropriate public education for SWDS and to set procedures for Due Process hearings for Special Education

Front 3

What are the Big 5 disabilities 86 percent of all SWDS fall into?

Back 3

Learning

Speech and language,

Other

Autism and

Intellectual

Front 4

What disabilities does the acronym THEMOMLOVSDAD cover?

Back 4

Traumatic Brain injury,

Hearing,

Emotional,

Multi

Ortho,

M (Intellectual*)

Learning,

Other (ex: adhd)

Visual,

Speech and language,

Deaf/blindess,

Autism,

Developmental delay

Front 5

________% of all kids school age have a disability and recieve services for it

Back 5

13

Front 6

What are the four parts to IDEA?

Back 6

1. General provisions

2. Part B

3. Part C

4. Part D

Front 7

This part of IDEA covers school age children, 3-5; 6-21 years of age

Back 7

Part B

Front 8

What is the purpose of Part C of IDEA?

Back 8

Funding coverage for early intervention programs (birth to 3yrs)

Front 9

T or F: Section 504 allows for accomodations, not modifications to content for individuals with disabilities

Back 9

True

Front 10

504 protects anyone with a disability in a program that recieves....

Back 10

Federal funding

Front 11

T or F: allowing for extra time on tests is an example of a modification for a disability

Back 11

False, accomodation

Front 12

T or F: an example of a modification would be using a different grading scale for students who have a particular learning disability

Back 12

True

Front 13

In the case Smith v, Robinson, the court determined that 504 isn't an administrative "backdoor" for easier litigation; if a claim arises from a controversy in Special Education, the applicable law must be....

Back 13

IDEA

Front 14

Brown v. Board of Ed was not a case about SPED law, but lays foundation; the Court held that....

Back 14

Separate but equal has not place in education and,

It is unfair to segregate due to "unalterable characteristics"

Front 15

The PARC case in the 70s established foundation for 504; the three most important factors the case set forth are:

Back 15

1. Creation of a FAPE,

2. ZERO reject,

3. 1st case to establish a right to Education

Front 16

The Mills case in the 70s determined that excluding SWDS from education is a ______ ______ and _______ _______ violation

Back 16

Due Process, Equal Protection

Front 17

Mills also established that insufficient resources cannot be a basis for....

Back 17

Exclusion

Front 18

The EHA, predecessor to IDEA, established many important aspects, built from the PARC and Mills cases. What 3 were among the most important?

Back 18

1. Legal definition of Zero Reject,

2. Mandated access to FAPE

3. Implementation of IEPs and LREs

Front 19

In 1990, Congress changed EHA to IDEA; with the name change, two major provisions were introduced. Which?

Back 19

1. Autism and TBI were made into separate distinct categories and

2. Transitional services opportunity after high school were added

Front 20

What are the ten basic steps of IDEA?

Back 20

1. Identification

2. Evaluation,

3. Eligibility/Determination,

4. Classification,

5. IEP Schedule,

6. IEP Meeting,

7. Provided Services,

8. Progress Report,

9. Annual Review,

10. Tri-ennial

Front 21

Biological parents always have a say in the education of their child unless.....

Back 21

Adjudicated otherwise

Front 22

What is the key distinction between a foster parent and an adoptive parent?

Back 22

Foster parents have not legally assumed permanent control and guardianship of child, designed to provide temp relief

Front 23

T or F: foster parents are allowed to make educational decisions for children under their care in NY

Back 23

True

Front 24

Guardians are often appointed by a court when the parents of the child are

Back 24

Deceased

Front 25

T or F: Surrogates have legal rights to a child beyond education

Back 25

False

Front 26

Surrogates are appointed by the __________ or another capable state agency

Back 26

LEA

Front 27

What are the three main ways in which a surrogate is assigned to a child?

Back 27

1. Parents are unknown,

2. After reasonable efforts, LEA can't find parents, or

3. Child is a UHY

Front 28

T or F: Surrogates do not require adequate skills are knowledge to be assigned to a child

Back 28

False

Front 29

T or F: a surrogate can be a LEA employee or a person with no knowledge or skills, and conflicts of interest in child representation are OK so long as the state approves

Back 29

False

Front 30

T or F: one of the IDEA provisions made for parents is for the LEA to make reasonable accommodations for parents who cannot be present for meetings

Back 30

True

Front 31

T of F: if a school district does not have the money to provide necessary services to a child, the school is under no obligation to procure them

Back 31

False

Front 32

Cost, as defined by IDEA, isn't the actual cost of the items, but rather how much....

Back 32

Funds must be allocated for the student to get what they need

Front 33

Cost is only relevant when discussing....

Back 33

Options

Front 34

T or F: uniform fees assessed to all students are OK and not covered by IDEA for SWDs

Back 34

True

Front 35

In the case of Rowley, the court determined how to define "appropriate" for the purposes of FAPE. What was the two part test that needs to be fulfilled?

Back 35

1. Did the school comply with all procedures set by fed law? And

2. Was the IEP developed to all the kid educational benefits?

Front 36

The holding of Rowley determined that "appropriate" education for SWDs does not maximize potential, but instead....

Back 36

Allows for benefit from the instruction

Front 37

In the case of Endrew F., a "benefit" as required by FAPE means....

Back 37

Progress of the student being greater than de minimis

Front 38

Who can identify the possible needs of a student for SE?

Back 38

Teachers,

Parents and or

School personnel

Front 39

T or F: parents do not have the legal right to request assessment of their child for SE?

Back 39

False

Front 40

During the evaluation process, what general three questions must be answered to determine eligibility?

Back 40

1. Is the a disability?

2. Is the student eligible for services?

3. Nature and needs of an IEP?

Front 41

T or F: the evaluation process for a student must be individualized, but interpreted through objective deviations set by students of that type

Back 41

True

Front 42

During the identification process, a child study team is created into order to assess the child's needs and to "intervene" before more formal evaluation processes are agreed to. Must parents be required to participate?

Back 42

No, but can choose to

Front 43

T or F: members of Child Study Teams are determined by the school on a case by case basis

Back 43

True

Front 44

In order to do an official evaluation on a child, parental consent must be given. In what manner of mode makes the evaluation legally enforceable?

Back 44

In writing

Front 45

T or F : parental consent to an evaluation is voluntary, but cannot be revoked at anytime

Back 45

False, can be revoked

Front 46

T or F: both parents consent is needed to do an evaluation

Back 46

False, one

Front 47

How many days does a school have to complete an evaluation once consent is given?

Back 47

60

Front 48

T or F: school has a right to Due Process if parents do not consent to evaluation or do not respond

Back 48

True

Front 49

Who are members of a MDT team

Back 49

1. General education teacher,

2. Psych,

3. Educational evaluator,

4. SE teacher,

5. SLP,

6. Med personnel,

7. Social worker,

8. Guidance counselor

9. Parents,

10. School nurse,

11. Occupational/physical therapist

Front 50

Evaluation materials must be both "valid and reliable"; what are the two standards each word creates?

Back 50

1. Does it measure what it's supposed to, and

2. Are the materials consistent

Front 51

"Standardized tests, not Standardized evaluations" means....

Back 51

The evaluations must be individualized

Front 52

T or F: evaluation tests need to be in the parents native language

Back 52

False, the kids

Front 53

Once evals are done, findings are submitted to the.....

Back 53

CSE

Front 54

The purpose of the CSE is to _______ and ________ appropriate services

Back 54

Identifying and recommending

Front 55

If parents agree the the findings and recommendations of the CSE, the IEP team has ______ days to complete an IEP

Back 55

30

Front 56

If the parents dont agree with the findings of he CSE , the parents has the right to conduct an independent evlaution, performed by a....

Back 56

Independent qualified examiner

Front 57

Parents are only entitled to ______ independent evaluation per school district

Back 57

1

Front 58

What are the differences between a annual and Tri-ennial review?

Back 58

Annual: has the child achieved goals?

Tri-ennial: does the child still need SPED?

Front 59

What are the required components of an IEP?

Back 59

1. Present levels of performance,

2. Measurable annual goals,

3. Measurement of progress,

4. Placement, services and needs,

5. Extent of LRE,

6 mods or accoms of student achievement

7.project dates, frequency and location of services

8. Transitional services

9. Transfer of rights at the age of majority

Front 60

Who are the members of an IEP Team?

Back 60

1. Parents,

2. General education teacher,

3. SPED teacher,

4. Rep of public agency,

5.interpreter of results,

6. Individuals with knowledge of child related services,

7. Child themselves (when appropriate)

Front 61

T or F: SPED students are guaranteed services to maximize their potential

Back 61

False, not guaranteed, allowance to benefit from instruction

Front 62

Schools can provide related services to the students themselves or...

Back 62

Through an authorized 3rd party

Front 63

T or F: IDEA provides a list of related services that states cannot expand on

Back 63

False, states can

Front 64

Does the school reimburse parents for transportation if the school offers Trans but the parents choose their own?

Back 64

No

Front 65

If the LEA and the parents agree that the parents will provide Trans know lieu of the school, then...

Back 65

The LEA must reimburse the parents

Front 66

T or F: SLP is the most request related service for SPEDs

Back 66

True

Front 67

OT covers _______motor function,

PT covers _______ motor function

Back 67

Fine, gross

Front 68

In the case of Garrett F, nursing services were determined to be....

Back 68

A related service that differs from medical services

Front 69

Placement criteria for the child is based on....

Back 69

The IEP

Front 70

Unless stated otherwise, child should be placed in environments as if.....

Back 70

No disability

Front 71

What are the placements for a child in the continuum of placements?

Back 71

Gen Ed class,

Inclusion class,

Resource room,

Special ed room, (self contained)

Special ed school,

Residential facility,

Homebound

Front 72

T or F: there is no legal definition for "inclusion" for the purpose of SE

Back 72

True

Front 73

The resource room placement is designed for additional instruction at different times of the day; this means that the purpose is not for behavioral correct, but..,.

Back 73

Academic support

Front 74

In a self contained classroom, there is a ratio based structure for instruction. If a classroom is 8:2:2, what does the ratio represent?

Back 74

8 students, 2 teachers, 2 aides

Front 75

When determining placement for a SWD, the factors considered cannot be solely based on....

Back 75

1. Funding,

2. Administrative convenience,

3. Space,

4. Availability of services,

5. Category of disability

Front 76

Placement must be reviewed....

Back 76

Every year

Front 77

T or F: if a change made to a placement is material, then an IEP Meeting must be held first

Back 77

True

Front 78

If necessaey, the LEA must provide a ______ ______ ______ for a child to fulfill FAPE requirements

Back 78

Extended school year

Front 79

T or F: an extended school year is required if the child fails to meet their IEP goals

Back 79

False, is not required but can be requested if there is a "substantial regression" due to disability

Front 80

In a short term suspension, the school can suspend the child for up to ________ days, without having to provide services

Back 80

10

Front 81

For a long term suspension (one longer than 10 days), a _______ _______ meeting must be held before the suspension can be official

Back 81

Manifestation determination

Front 82

A request for long term suspension must be made during an ....

Back 82

IEP meeting

Front 83

A manifestation determination meeting must be held within ____ days of the request for an LTS

Back 83

10

Front 84

In a manifestation determination meeting, what two questions are asked and used to analyze the behavior of the child?

Back 84

1. Is the behavioral violation a result of the child's disability, and

2. Is the misconduct a direct result of the LEAs failure to implement to IEP correctly?

Front 85

If the students behavioral problems are not a result of the child's disability, nor a result of improper procedure by the LEA, then the child can be....

Back 85

Disciplined in the same manner as non-swds

Front 86

If the students bad behavior is a result of his disability, then the IEP team must...

Back 86

Perform a functional behavioral assessment and implement a behavioral intervention plan

Front 87

If a child brings weapons to school, causes serious bodily harm or is in possession of illegal drugs, then regardless as to if the violation is a manifestation of their disability, the school can...

Back 87

Suspend the child for up to 45 days, but must provide services for the child on the 11th day

Front 88

Dispute resolution typically comes up what four main areas of SE process?

Back 88

Identification,

Evaluation,

Placement, and

What's appropriate for the child

Front 89

After parents file for a due process hearing, the school then initiates informal resolution by offering....

Back 89

1. Another CSE meeting, or

2. Mediation between parties

Front 90

The additional CSE meeting (resolution meeting) is based on the filed Co plaint; if both parties agree to the terms of the resoultion, each party then has _____ days to void the agreement afterwards

Back 90

3

Front 91

T or F: both parties can agree to waive a resoultion meeting orally

Back 91

False, in writing

Front 92

T or F: both I resoultion and in mediaition, the agreement between the parties is legally binding

Back 92

True

Front 93

T or F: IDEA requires that states must provide mediation as an option, but it is not mandatory to be had

Back 93

True

Front 94

T or F: in mediaition meetings, conversations are confidential, and parties cannot use the discussions in a formal hearing as evidence

Back 94

True

Front 95

In NY, ______ % of all mediation meetings are successful

Back 95

88

Front 96

T or F: the impartial mediator called in to facilitate the mediation has no legal authority

Back 96

True

Front 97

In a due process hearing, the impartial hearing officer presiding over the hearing possesses these three credentials:

Back 97

1. Certified by the state education comissioner,

2. Regularly trained in sped law,

3. Legal authority to adjudicate matter

Front 98

All parties must disclose evaluations and recommendations to each other at least _____ days before the hearing

Back 98

5

Front 99

Schaeffer v. West determined that in a due process hearing, whoever is bringing suit has the _______ of ______

Back 99

Burden of proof

Front 100

In NY, the state legislated to put the burden of proof on the...

Back 100

LEA

Front 101

T or F: IDEA is silent as to the time frame in which a party must file their appeal, thereby leaving that aspect of law to the states

Back 101

True

Front 102

In NY, the state must recieve appeal requests within ______ days of parental or school receipt of IHO decision

Back 102

40

Front 103

Appeal requests must be in writing and the state has _____days to make a determination of the request

Back 103

30

Front 104

In 1997, IDEA added two more provisions. Which?

Back 104

1. Disciplinary procedures and,

2. Part C for infants