Test your knowledge of Special Education Legal Guide.
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Special Education Legal Guide
A parent contacts a special education advocate because her 5-year-old child has not been identified or evaluated for services despite showing clear signs of disability. Which principle of IDEA has most likely been violated?
Explanation: Child Find, a component of Zero Reject, mandates that all children with disabilities or suspected disabilities ages birth to 21 must be located, identified, and evaluated. A school district failing to identify and evaluate a child showing signs of disability is in direct violation of this requirement.
Special Education Legal Guide
In W.B. v. Matula, what was the court's key ruling regarding a school's obligation when a parent reports concerns about a possible disability?
Explanation: The Third Circuit Court found that once school officials are notified of a suspected disability, they must evaluate the child within a reasonable amount of time. In this case, the school ignored the mother's concerns, violating the Child Find mandate and Section 504 of the Rehabilitation Act.
Special Education Legal Guide
A school district places a Spanish-speaking student in a class for students with intellectual disabilities based solely on an IQ test administered in English. Which case most directly supports the family's challenge to this placement?
Explanation: Diana v. State Board of Education established that non-English proficient children cannot be placed in special education based on tests administered in a language other than their native language. When nine Hispanic children were retested in Spanish, only one was found to have an intellectual disability, demonstrating how culturally biased testing leads to incorrect classification.
Special Education Legal Guide
Under IDEA, which of the following correctly identifies the two criteria a student must meet to be eligible for special education services through Child Find?
Explanation: Child Find eligibility has two specific criteria: the student must have a disability recognized under IDEA, and as a result of that disability, the student must need special education and related services. Both conditions must be met for a student to qualify.
Special Education Legal Guide
A school psychologist re-evaluates a student without contacting or involving the parents and changes the student's educational placement as a result. Which case does this scenario most closely resemble?
Explanation: In Cobb County Board of Education v. Sean C., a school psychologist evaluated a student without considering adaptive behavior or contacting his parents, then changed his classification. This violated PL 108-446 by excluding parents from the process and failing to use comprehensive evaluation methods.
Special Education Legal Guide
According to IDEA 2004, how many disability categories are recognized for special education eligibility?
Explanation: IDEA 2004 identifies exactly 13 categories of disability: autism, deaf-blindness, developmental delay, emotional disturbance, hearing impairments including deafness, intellectual disabilities, multiple disabilities, orthopedic impairments, other health impairments, specific learning disabilities, speech or language impairments, traumatic brain injury, and visual impairments including blindness.
Special Education Legal Guide
In Irving Independent School District v. Tatro, the Supreme Court ruled that clean intermittent catheterization (CIC) must be provided to Amber Tatro because it qualified as which of the following?
Explanation: The Supreme Court ruled that CIC fell under 'related services' as defined by the Education of the Handicapped Act. This case established that schools must provide related services necessary for students to benefit from special education, even when those services are medical in nature, as long as they do not require a physician.
Special Education Legal Guide
An IEP team is meeting to determine placement for a student with significant cognitive disabilities. According to the Least Restrictive Environment mandate under IDEA, what should guide their placement decision?
Explanation: LRE requires that students with disabilities be educated with non-disabled peers to the maximum extent appropriate. This is an individually determined decision based on each student's unique needs, not a blanket policy. The Daniel R.R. v. State Board of Education case established a two-prong test to evaluate whether LRE requirements are being met.
Special Education Legal Guide
In the Board of Education of Hendrick Hudson Central School District v. Amy Rowley, what did the U.S. Supreme Court ultimately determine regarding Amy's education?
Explanation: Although lower courts found that the gap between Amy's potential and achievement indicated she was not receiving FAPE, the U.S. Supreme Court reversed this, finding that Amy was receiving appropriate educational services. This case is foundational in defining FAPE as providing meaningful educational benefit, not maximizing a student's potential.
Special Education Legal Guide
A parent disagrees with their child's IEP and places the child in a private school. The public school's IEP is later found to be inappropriate. What does Carter v. Florence County School District Four suggest about the family's right to reimbursement?
Explanation: In Carter v. Florence County, the Court ruled that Shannon's parents were eligible for reimbursement for private school tuition because the public school's IEP was inappropriate and failed to comply with IDEA. This case is critical for advocates advising families who are considering or have pursued private placement.
Special Education Legal Guide
Under Georgia State Education Rule 160-4-7-04, within how many days of receiving parental consent must a full individual evaluation be completed?
Explanation: Georgia State Education Rule 160-4-7-04 requires that each Local Education Agency complete a full individual evaluation within 60 days of receiving parental consent. This timeline is a critical procedural safeguard advocates must monitor to ensure students receive timely evaluations.
Special Education Legal Guide
A parent of a child with autism is attending an IEP meeting and notices the school scheduled the meeting without notifying her in advance, and the meeting was held without her. Which court case best supports a challenge to this action?
Explanation: In Doug C. v. State of Hawaii Department of Education, the Ninth Circuit ruled that holding an IEP meeting without parental participation violated IDEA, even when the parent had not outright refused to attend but was actively trying to reschedule. Parent participation in IEP meetings is a fundamental procedural safeguard.
Special Education Legal Guide
A parent challenges a school district's IEP in a due process hearing. According to Schafer v. Weast, who bears the burden of proof in this proceeding?
Explanation: In Schafer v. Weast, the Supreme Court ruled that the burden of proof in a due process hearing falls on the party seeking relief. Since parents typically initiate the challenge, they generally bear this burden. However, if a school district seeks to challenge an IEP, the burden shifts to them.
Special Education Legal Guide
Which federal legislation gives parents the right to inspect and review their child's educational records and limits access to those records by requiring parental consent before disclosure?
Explanation: FERPA, enacted in 1974, specifically protects the privacy of student educational records. It gives parents the right to inspect records and requires written parental consent before a school can disclose those records to outside parties. Rights transfer to the student at age 18 or upon enrollment in post-secondary education.
Special Education Legal Guide
In Gonzaga University v. Doe, the court found the university violated FERPA by doing which of the following?
Explanation: In Gonzaga v. Doe, the university's teacher certification specialist disclosed a student's private information to a state agency without the student's written consent, violating FERPA. This case reinforces that any disclosure of identifiable student information to outside parties without consent is a FERPA violation.
Special Education Legal Guide
According to the response to intervention (RTI) model introduced under IDEA 2004, what is one of its primary benefits in the evaluation and classification process?
Explanation: The RTI model exposes students to increasing levels of intervention based on need before making a special education referral. One of its key benefits, as noted by Gargiulo, is that it reduces inappropriate referrals to special education by ensuring students have access to quality general education interventions first.
Special Education Legal Guide
A school district argues they are not responsible for providing services to a student because the severity of the student's disability makes education impractical. Which principle of IDEA directly refutes this claim?
Explanation: Zero Reject explicitly states that schools cannot exclude students with disabilities due to the nature or severity of their disability. Every student, regardless of how significant their disability, is entitled to a free appropriate public education. James S. v. Milwaukee Public Schools and PL 94-142 both reinforce this principle.
Special Education Legal Guide
Under the No Child Left Behind Act of 2001, how did accountability requirements change for students with disabilities who are educated in inclusive settings?
Explanation: Prior to NCLB, schools could meet AYP goals as long as most students succeeded. NCLB required schools to account for all student subgroups, including students with disabilities. This directly impacted students in LRE/inclusion settings because their academic progress now factored into school-wide accountability measures.
Special Education Legal Guide
A school is reviewing existing data on a student to determine whether a full evaluation is needed. According to Georgia State Education Rule 160-4-7-04, is parental consent required for this records review?
Explanation: Georgia State Education Rule 160-4-7-04 specifies that parental consent is not required for reviewing existing evaluation data. Consent is only required before conducting new assessments. This distinction is important for advocates to understand when advising families about the evaluation process and their rights.
Special Education Legal Guide
In Winkelman v. Parma City School District (2007), the Supreme Court's unanimous ruling had what significant impact on parental rights under IDEA?
Explanation: Winkelman v. Parma City School District was a landmark ruling affirming that parents have independent rights under IDEA and can represent their children in IDEA-related court proceedings without an attorney. This expanded both the definition of FAPE and the scope of parental involvement protections under the law.