CIA Special Education Law & IEPs 2 — Questions and Answers
Question 1: Under IDEA, what is the maximum number of days a school can suspend a student with a disability before a manifestation determination review must occur?
- 5 days
- 10 days (Correct answer)
- 15 days
- 20 days
Correct answer: 10 days
IDEA requires a manifestation determination review when a student with a disability is removed from their placement for more than 10 cumulative school days in a year.
Question 2: Which component of an IEP describes how the student's disability affects their involvement and progress in the general education curriculum?
- Present levels of academic achievement and functional performance (PLAAFP) (Correct answer)
- Annual goals
- Supplementary aids and services
- Transition services
Correct answer: Present levels of academic achievement and functional performance (PLAAFP)
The PLAAFP statement is the foundation of the IEP and describes how the disability impacts access to and progress in the general curriculum.
Question 3: A parent disagrees with the IEP team's placement decision. Which legal option allows an impartial third party to resolve the dispute without going to court?
- Filing a state complaint
- Requesting a due process hearing (Correct answer)
- Submitting a Section 504 grievance
- Contacting the U.S. Department of Education
Correct answer: Requesting a due process hearing
A due process hearing is conducted by an impartial hearing officer and is the formal legal mechanism under IDEA for resolving IEP disputes.
Question 4: What does the term 'specially designed instruction' mean in the context of IDEA?
- Instruction delivered only in a resource room setting
- Adapting content, methodology, or delivery to meet a student's unique needs (Correct answer)
- Instruction provided by a licensed special education teacher only
- A specific curriculum approved by the state
Correct answer: Adapting content, methodology, or delivery to meet a student's unique needs
Specially designed instruction means adapting the content, methodology, or delivery of instruction to address the unique needs resulting from a student's disability.
Question 5: An IEP team is writing annual goals for a student. According to IDEA, these goals must be:
- Identical to grade-level standards
- Measurable and aligned to the student's present levels (Correct answer)
- Approved by the state education agency
- Written solely by the special education teacher
Correct answer: Measurable and aligned to the student's present levels
Annual IEP goals must be measurable and directly connected to the student's present levels of performance to allow progress monitoring.
Question 6: Which agency is ultimately responsible for ensuring all eligible children with disabilities receive a free appropriate public education (FAPE)?
- The local school district (LEA)
- The state education agency (SEA) (Correct answer)
- The U.S. Department of Education
- The IEP team
Correct answer: The state education agency (SEA)
Under IDEA, the State Education Agency (SEA) has general supervisory responsibility for ensuring FAPE is provided to all eligible children statewide.
Question 7: A student's IEP includes a behavioral intervention plan (BIP). An instructional assistant notices the BIP is not reducing the target behavior. What should the assistant do?
- Modify the BIP independently to try a new strategy
- Continue implementing the BIP and document observations to share with the special educator (Correct answer)
- Ignore the BIP since it is not working
- Immediately call a new IEP meeting without informing the teacher
Correct answer: Continue implementing the BIP and document observations to share with the special educator
The instructional assistant should continue implementing the existing BIP with fidelity while documenting observations so the special educator and team can review and modify it formally.
Under IDEA, what is the maximum number of days a school can suspend a student with a disability before a manifestation determination review must occur?