APE Legal and Ethical Considerations 3 — Questions and Answers
Question 1: Section 504 of the Rehabilitation Act differs from IDEA in that Section 504:
- Provides broader protections but does not fund special education services (Correct answer)
- Requires an IEP for every student with a disability
- Applies only to students who qualify for special education
- Mandates adaptive physical education in all cases
Correct answer: Provides broader protections but does not fund special education services
Section 504 prohibits disability-based discrimination in programs receiving federal funds but does not carry the funding or IEP requirements of IDEA.
Question 2: The 'Child Find' obligation under IDEA requires school districts to:
- Actively identify, locate, and evaluate all children with suspected disabilities regardless of enrollment status (Correct answer)
- Evaluate only students referred by classroom teachers or parents
- Screen children for disabilities at kindergarten entry only
- Identify children with disabilities after they enroll in special education voluntarily
Correct answer: Actively identify, locate, and evaluate all children with suspected disabilities regardless of enrollment status
Child Find obligates districts to proactively seek out all children aged 3–21 who may have disabilities, including private school students and homeless youth.
Question 3: When an APE specialist conducts an initial evaluation for suspected disability, parental informed consent must be obtained:
- Before the evaluation begins (Correct answer)
- After preliminary screening confirms a suspected disability
- Within 30 days after the evaluation is completed
- Only if the student is under age 14
Correct answer: Before the evaluation begins
IDEA requires written parental consent prior to conducting an initial evaluation to determine eligibility for special education services.
Question 4: An APE teacher is asked to co-teach in a general PE class with no additional training or support. The most appropriate ethical response is:
- Accept the assignment while advocating for adequate training and resources to ensure student safety (Correct answer)
- Refuse the assignment until the district provides a written guarantee of support
- Accept without comment to maintain collegial relationships
- Delegate all co-teaching responsibilities to the general PE teacher
Correct answer: Accept the assignment while advocating for adequate training and resources to ensure student safety
Professional ethics require accepting reasonable assignments while actively advocating for the resources needed to meet students' needs safely and effectively.
Question 5: Under IDEA's procedural safeguards, if parents disagree with an APE assessment result, they have the right to:
- Request an Independent Educational Evaluation (IEE) at district expense (Correct answer)
- File a civil lawsuit in federal court as the first step
- Demand that the district repeat the evaluation with a different specialist
- Withdraw the student from school until the dispute is resolved
Correct answer: Request an Independent Educational Evaluation (IEE) at district expense
Parents who disagree with a district's evaluation may request an IEE at public expense; the district must either fund it or initiate a due process hearing to defend their evaluation.
Question 6: Which statement best describes the ethical duty of confidentiality for an APE specialist during a multi-disciplinary team meeting?
- Student information shared in the meeting should not be disclosed outside the team without appropriate authorization (Correct answer)
- All team members may freely share student data with other school staff for general awareness
- Confidentiality applies only to written records, not verbal discussions
- Parental consent is not required when information is shared only among school employees
Correct answer: Student information shared in the meeting should not be disclosed outside the team without appropriate authorization
Information shared within an IEP/MDT meeting is still protected under FERPA and should only be shared with individuals who have a legitimate educational interest.
Question 7: A district adopts a blanket policy placing all students with intellectual disabilities in a separate APE-only class without individual evaluation. This policy most directly violates:
- The LRE requirement and the obligation to make individualized placement decisions (Correct answer)
- Section 504's non-discrimination clause only
- FERPA's data privacy provisions
- ESSA's accountability standards for physical fitness
Correct answer: The LRE requirement and the obligation to make individualized placement decisions
Placement decisions must be individualized based on each student's unique needs; blanket categorical placements violate the LRE mandate under IDEA.
APE Legal and Ethical Considerations 3
Section 504 of the Rehabilitation Act differs from IDEA in that Section 504: