Test your knowledge of Wrightslaw Special Education Law.
Question 1 of 20Score: 0
Wrightslaw Special Education Law
What is the primary purpose of the Individuals with Disabilities Education Act of 2004 as stated in Section 1400(d)?
Explanation: Section 1400(d) states the dual purpose of IDEA: to ensure FAPE that meets unique needs and prepares children for further education, employment, and independent living, AND to protect the rights of children and parents. Advocates should use this mission statement as the foundation when developing IEPs and arguing for appropriate services.
Wrightslaw Special Education Law
When state law conflicts with federal special education law, which law controls?
Explanation: Per the Supremacy Clause, federal law controls when state law conflicts with it. However, states may provide MORE rights than federal law guarantees - they just cannot provide fewer. Advocates should know this when a school district claims state law limits a family's federal rights.
Wrightslaw Special Education Law
What are federal special education regulations published in, and what is their legal citation?
Explanation: IDEA regulations are in 34 CFR § 300. Regulations clarify and explain the United States Code and carry the same force of law. Advocates should cite both the statute (20 U.S.C.) and the corresponding regulation (34 CFR § 300) when making arguments to school districts.
Wrightslaw Special Education Law
What landmark 1954 Supreme Court decision established that segregated schools have no place in public education and is foundational to special education law?
Explanation: Brown v. Board of Education (1954) established that education is a right that must be available to all on equal terms. Parents of children with disabilities later used this ruling to argue that excluding children with disabilities from public schools was unconstitutional discrimination - directly leading to IDEA's creation.
Wrightslaw Special Education Law
What did the PARC case (Pennsylvania Assn. for Retarded Children v. Commonwealth of Pennsylvania) establish?
Explanation: The PARC settlement established that educational placement decisions must include parental participation and a means to resolve disputes. This became the foundation for the procedural safeguards in IDEA, including parent rights in IEP meetings and due process hearings - tools advocates use daily.
Wrightslaw Special Education Law
What was the primary defense used by the school district in Mills v. Board of Education, and why is this historically significant?
Explanation: The school district in Mills argued high cost as its primary defense. The book notes that financial cost remains the primary defense in special education cases before the U.S. Supreme Court. Advocates should anticipate cost-based arguments from school districts and know that cost alone cannot justify denial of FAPE.
Wrightslaw Special Education Law
Congress enacted Public Law 94-142 in 1975 after its investigation revealed how many children with disabilities were receiving no educational services?
Explanation: Congress found that 1.75 million handicapped children were receiving NO educational services at all, and 2.5 million were receiving an inappropriate education. This shocking finding drove Congress to create P.L. 94-142. Advocates can reference this history to explain why IDEA's procedural safeguards exist and why they matter.
Wrightslaw Special Education Law
What is the legal citation format for the IDEA's Findings and Purposes section?
Explanation: Findings and Purposes are in Section 1400 of Title 20 of the United States Code, cited as 20 U.S.C. § 1400. Advocates should be familiar with legal citation formats to communicate credibly with school attorneys, cite law in correspondence, and conduct independent legal research.
Wrightslaw Special Education Law
Which federal law protects students who do not qualify for IDEA services but still need accommodations and modifications due to a disability?
Explanation: Section 504 of the Rehabilitation Act (29 U.S.C. § 794) provides protection from discrimination and requires accommodations, modifications, and services. Advocates must understand the distinction: IDEA provides specialized instruction and services, while Section 504 provides access accommodations for students who do not meet IDEA eligibility criteria.
Wrightslaw Special Education Law
What does the Family Educational Rights and Privacy Act (FERPA) primarily govern?
Explanation: FERPA (20 U.S.C. § 1232) governs educational records - their privacy, confidentiality, disclosure, and destruction. Advocates use FERPA rights to help parents request and review school records, correct inaccurate information, and understand what information can and cannot be shared without parental consent.
Wrightslaw Special Education Law
According to the McKinney-Vento Act, what standard must school districts use when making decisions about homeless children's education?
Explanation: McKinney-Vento (42 U.S.C. § 11431) requires school districts to make decisions in the 'best interest of the child.' This law also requires immediate enrollment and notice of educational rights for homeless children, including those with disabilities. Advocates working with housing-insecure families must know these protections exist.
Wrightslaw Special Education Law
In the U.S. Supreme Court case Board of Education v. Rowley (1982), what was the primary legal standard established?
Explanation: Rowley established the FAPE standard - schools must provide an appropriate education, not the best possible education. This distinction is critical for advocates: while parents may want maximum services, the legal standard is 'appropriate.' Advocates must understand this ceiling when negotiating IEPs and due process cases.
Wrightslaw Special Education Law
What did the Supreme Court rule in Burlington School Committee v. Department of Education regarding private school tuition?
Explanation: Burlington established that parents may be entitled to reimbursement for private school tuition when the public school fails to provide FAPE. This is a powerful tool for advocates - when a school fails to provide appropriate services, parents who unilaterally place their child in private school may later seek reimbursement through due process.
Wrightslaw Special Education Law
What did the Supreme Court rule in Schaffer v. Weast (2005) regarding due process hearings?
Explanation: Schaffer v. Weast ruled that the burden of proof falls on whichever party files the due process complaint - typically the parents. This is critical for advocates: if parents file for due process, they generally must prove the school denied FAPE. Advocates must build strong, documented cases before filing to meet this burden.
Wrightslaw Special Education Law
What does the term 'et seq.' mean in a legal citation such as '20 U.S.C. § 1400 et seq.'?
Explanation: Et seq. is Latin for 'and the following ones,' meaning the citation refers to a section and all sections that follow it. Advocates will encounter this in legal citations and correspondence. Understanding legal citation formats helps advocates read and reference laws accurately in letters, evaluations requests, and meeting notes.
Wrightslaw Special Education Law
What did the Supreme Court establish in Honig v. Doe (1988) regarding discipline of students with disabilities?
Explanation: Honig v. Doe addressed discipline and long-term expulsions, establishing that the 'stay put' provision prevents schools from unilaterally excluding students with disabilities. This is foundational for advocates when schools attempt to remove students with disabilities - proper procedures including manifestation determination reviews must be followed.
Wrightslaw Special Education Law
Which case established that parents who are not attorneys may represent their child with a disability in federal court?
Explanation: Winkelman v. Parma City School Board established that parents have independent, enforceable rights under IDEA and may represent their child pro se (without an attorney) in federal court. This empowers families with limited resources and validates the role of parent advocates who help families navigate the system.
Wrightslaw Special Education Law
What was a key finding from Congress's 2004 investigation regarding minority children in special education?
Explanation: IDEA 2004 Findings (20 U.S.C. § 1400(c)(2)) documented that African-American children were identified for disabilities at disproportionate rates. Advocates must be aware of this documented bias and watch for inappropriate referrals, misidentification, or denial of services to minority children based on race rather than disability.
Wrightslaw Special Education Law
What new emphasis did IDEA 2004 add regarding how children with disabilities should be prepared, that was NOT in earlier versions of the law?
Explanation: The phrase 'further education' was added as a new goal in IDEA 2004, alongside employment and independent living. This signals that IEPs must prepare students not just for jobs but for post-secondary education. Advocates can use this language to argue for college-prep coursework, transition planning, and higher academic expectations in IEPs.
Wrightslaw Special Education Law
What is the difference between a federal statute and a federal regulation, and which carries the force of law?
Explanation: Statutes are laws passed by Congress (IDEA is in 20 U.S.C.); regulations are developed by agencies like the Department of Education to clarify statutes (34 CFR § 300). Both carry the force of law. Advocates must be able to cite both - schools sometimes claim the statute allows something the regulation prohibits, or vice versa.