ABCTE Education Law & Student Rights

Question 1

Under FERPA, which of the following is true about a 15-year-old student's education records?

Accepted Answer

The parents have the right to inspect and review the records and request corrections

Answer

FERPA gives parents the right to inspect and review their child's education records and to ask for corrections to inaccurate information. These rights pass to the student at age 18 or when the student enters postsecondary education. Records generally can't be disclosed without consent, apart from specific exceptions such as school officials with a legitimate educational interest.

Question 2

A teacher notices bruises on a student and the student's explanation seems inconsistent. What is the teacher's legal obligation in most states?

Accepted Answer

Report the reasonable suspicion promptly to child protective services or as the law requires

Answer

Teachers are mandated reporters. The legal threshold is reasonable suspicion, not proof, and the report has to be made promptly to the designated agency. Telling a supervisor usually does not replace the teacher's personal duty to report. Contacting the parents first could put the child at risk.

Question 3

In Tinker v. Des Moines (1969), the Supreme Court ruled that students' symbolic speech, such as wearing armbands, is protected unless it:

Accepted Answer

Materially and substantially disrupts school operations or invades the rights of others

Answer

Tinker held that students do not 'shed their constitutional rights … at the schoolhouse gate.' Schools may restrict student expression only when it would cause a material and substantial disruption or interfere with the rights of others. Disliking the speech is not enough.

Question 4

According to Goss v. Lopez (1975), before a student receives a short-term suspension (10 days or less), the school must generally provide:

Accepted Answer

Oral or written notice of the charges and an opportunity for the student to tell their side

Answer

Goss v. Lopez found that students have a property interest in public education, so suspension requires due process. For short suspensions, the minimum is notice of the charges and an informal chance to respond. Formal hearings are required only for longer exclusions such as expulsion.

Question 5

A student with ADHD makes adequate progress in general education without specially designed instruction but needs extended test time and preferential seating. Which plan is most appropriate?

Accepted Answer

A Section 504 plan

Answer

Section 504 of the Rehabilitation Act is a civil rights law. It covers students whose impairment substantially limits a major life activity and gives them accommodations for equal access. An IEP under IDEA is for students who need specially designed instruction. An IFSP is for children from birth to age 3.

ABCTE - Professional Teaching Knowledge Exam Practice Test

ABCTE - Professional Teaching Knowledge Exam Practice Test

ABCTE Education Law & Student Rights