CDS Regulatory Compliance & Standards 3 — Questions and Answers
Question 1: Under IDEA, what is the maximum number of days a school may suspend a student with a disability before a manifestation determination review must occur?
- 5 consecutive days
- 10 consecutive days (Correct answer)
- 15 school days
- 30 calendar days
Correct answer: 10 consecutive days
A manifestation determination review must occur within 10 school days of any suspension or removal that constitutes a change of placement.
Question 2: The ADA Amendments Act of 2008 (ADAAA) primarily expanded the law by:
- Adding new protected classes beyond disability
- Broadening the definition of 'disability' to cover more conditions (Correct answer)
- Increasing penalties for ADA violations
- Extending ADA coverage to companies with fewer than 15 employees
Correct answer: Broadening the definition of 'disability' to cover more conditions
The ADAAA overturned narrow Supreme Court interpretations and broadened the definition of disability to cover more conditions and individuals.
Question 3: Under HIPAA, when may a covered entity disclose an individual's protected health information to a disability specialist without patient authorization?
- Never — authorization is always required
- For treatment, payment, or healthcare operations (Correct answer)
- Only when the patient is present
- Whenever the disability specialist requests it
Correct answer: For treatment, payment, or healthcare operations
HIPAA permits disclosure without authorization for treatment, payment, and healthcare operations purposes.
Question 4: The Olmstead v. L.C. Supreme Court decision established that:
- States must provide disability services in the most integrated setting appropriate (Correct answer)
- Institutionalization is always preferable for people with severe disabilities
- Medicaid must cover all disability-related services
- The ADA does not apply to state psychiatric facilities
Correct answer: States must provide disability services in the most integrated setting appropriate
Olmstead (1999) held that unnecessary institutionalization of people with disabilities is discrimination under the ADA's integration mandate.
Question 5: Which regulatory standard governs accessible telecommunications equipment and customer premises equipment under Section 255 of the Telecommunications Act?
- FCC accessibility guidelines (Correct answer)
- ADA Standards for Accessible Design
- WCAG 2.1 Level AA
- Section 508 Technical Standards
Correct answer: FCC accessibility guidelines
The FCC issues regulations under Section 255 requiring telecom manufacturers and service providers to make products accessible.
Question 6: A disability specialist working in vocational rehabilitation must ensure their practice aligns with the Code of Professional Ethics for Rehabilitation Counselors (CRCC). This code primarily addresses:
- Billing procedures and fee schedules
- Professional conduct, client welfare, and confidentiality (Correct answer)
- Medical treatment protocols
- Government contract compliance
Correct answer: Professional conduct, client welfare, and confidentiality
The CRCC Code of Professional Ethics centers on professional conduct, client rights, confidentiality, and avoiding harm.
Question 7: Under the ADA, a 'direct threat' defense allows an employer to exclude an individual with a disability if the threat:
- Cannot be eliminated or reduced by reasonable accommodation (Correct answer)
- Is merely speculative or based on stereotypes
- Applies only to jobs requiring physical activity
- Has been identified by coworkers rather than medical professionals
Correct answer: Cannot be eliminated or reduced by reasonable accommodation
The direct threat defense applies only when a significant risk of substantial harm cannot be reduced to acceptable levels through reasonable accommodation.
CDS Regulatory Compliance & Standards 3
Under IDEA, what is the maximum number of days a school may suspend a student with a disability before a manifestation determination review must occur?