As long as a school offers appropriate programming to students in special education, the choice of educational methodology is up to the school district.

The courts have provided a precise and clear definition for lower courts (and schools) to follow when determining if a student’s special education program is conferring meaningful educational benefit.

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.

  In enacting the IDEA, Congress allowed schools to use funding limitations as justification for denying a FAPE.

When an IEP teams determines a student's placement, which the following factors may be considered in deciding on the placement? (May be more than one answer)

In extended school year (ESY) cases, school districts have been ordered to provide ESY services when

A student with an IEP must be completely reevaluated by the school every year.

 A medical diagnosis must always be used as part of the evaluation process.

The assessment process is a generalized evaluation that is the typically the same for all students.

 Failure to directly link assessment and intervention is can be a problem in due process hearings when school’s IEPs are challenged.

 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.

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

Which of the following persons is not required to be in attendance at the IEP meeting?

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

A student’s parents should be informed of their child’s progress toward his or her IEP goals at least every six weeks, or as often as students in general education receive a report card.

If a teacher is not implementing an IEP as required, the school must take steps to correct the situation.

A student’s IEP must be reviewed, and if necessary revised, at least

When an IEP team places a student with disabilities in a private school, the IEP is the responsibility of the

The IDEA creates an absolute right for a student with disabilities to be educated in his or her neighborhood school.

The IDEA imposes obligations on schools to consider placing students in general education classrooms with supplementary aids and services before considering more restrictive alternatives.

 When making the determination regarding the least restrictive environment an IEP team can use a student’s effect on his or her peers in arriving at their determination.

Legislation and litigation regarding LRE and FAPE indicate that the school’s primary obligation is to provide a student in special education with a FAPE.

An appropriate interpretation of the LRE litigation is that good faith efforts must be made to educate students with disabilities in integrated setting.

Rank the following settings on the continuum of placements in terms of the degree of restrictiveness of the setting (least-1 to most-4)

Which of the following parties would be most appropriate to make the LRE determination?

The principle of LRE requires that

When the local educational agency proposes to initiate special education services and placement for a student, his or her parents' consent must be obtained.

Due process hearings should be the first step whenever there is a special education disputes between parents and the school.

A court can compel a school district to either start or stop a certain practice by granting

Jeremy was educated in a self-contained setting in the public schools for 3 years.  A court later held that the setting was not appropriate and ordered the school to pay for Joel's education in a private school setting for 3 years beyond his upcoming graduation. The type of relief granted by the court was

Although __________ have been held to be unavailable under the IDEA they may be in special education related lawsuits brought under Section 1983 of the Civil Rights Act.

When using in-school suspension with students with disabilities, it is not necessary to continue the student’s FAPE.

Students with disabilities who attend public school are subject to a school district’s regular discipline policies. 

 A court may find that a special education student was deprived of a FAPE if the student’s problem behaviors were not addressed in the IEP.

The first case in which the U.S. Supreme Court ruled that schools couldn’t unilaterally change the placement of children through expulsions was

Federal courts have held that it is a change of placement to suspend students for

A manifestation determination hearing must be conducted when expelling students with disabilities or suspending them for over 10 days.  According to the IDEA:

School officials may unilaterally remove a student with disabilities from school for 45 calendar days and place him or her in an interim alternative educational setting for the following behaviors. (May be more than one answer)

Teachers and schools can release themselves from damages by having parents sign waivers or releases.

The most common category of tort violations brought against teachers involve negligence.

Negligence claims brought against teachers often involve inappropriate and excessive disciplining of students.

Under FERPA, school districts must obtain parental consent to release student records to all of the following third parties except:

Which of the following is not an educational record under the Family Educational Rights and Privacy Act (FERPA)?(May be more than one answer)

Courts have been most inclined to hold educators liable for damages when

The least restrictive environment is always the general education setting.