CIA Special Education Law & IEPs 3 — Questions and Answers
Question 1: Under Section 504 of the Rehabilitation Act, who qualifies for a 504 plan?
- Only students with IEPs who need additional supports
- Any student with a physical or mental impairment that substantially limits a major life activity (Correct answer)
- Students with disabilities who are not eligible under IDEA
- Students whose parents request one regardless of disability status
Correct answer: Any student with a physical or mental impairment that substantially limits a major life activity
Section 504 covers any student with a physical or mental impairment that substantially limits one or more major life activities, a broader category than IDEA eligibility.
Question 2: Which of the following is NOT a required member of an IEP team under IDEA?
- The student's regular education teacher
- A school psychologist (Correct answer)
- A special education teacher
- A representative of the LEA
Correct answer: A school psychologist
While a school psychologist often contributes to evaluations, IDEA does not list them as a mandatory IEP team member; the required members include the LEA rep, general ed teacher, special ed teacher, and parents.
Question 3: The least restrictive environment (LRE) principle requires that students with disabilities be educated:
- Exclusively in general education classrooms
- In the most segregated setting to provide intensive support
- With students without disabilities to the maximum extent appropriate (Correct answer)
- In settings chosen by the special education teacher alone
Correct answer: With students without disabilities to the maximum extent appropriate
IDEA's LRE mandate requires that students with disabilities be educated alongside peers without disabilities to the maximum extent appropriate to their individual needs.
Question 4: When must a school district obtain parental consent before taking action related to special education?
- Only before the initial evaluation
- Before the initial evaluation and before the initial provision of services (Correct answer)
- Only when changing the student's placement
- Before every IEP meeting
Correct answer: Before the initial evaluation and before the initial provision of services
IDEA requires written parental consent before conducting an initial evaluation and again before initially providing special education services.
Question 5: A student with an IEP is taking a state assessment. The IEP specifies extended time. An instructional assistant should:
- Decide whether to allow extra time based on their own judgment that day
- Follow the IEP accommodation exactly as written (Correct answer)
- Grant double the IEP-specified time to be safe
- Omit the accommodation if the student seems to finish on time
Correct answer: Follow the IEP accommodation exactly as written
Instructional assistants must implement IEP accommodations exactly as written; deviating from the IEP denies the student their legal entitlement.
Question 6: IDEA's procedural safeguards include the right to an 'independent educational evaluation' (IEE). What does this mean?
- The school must pay for a private evaluation if parents disagree with the school's evaluation
- Parents can request a second evaluation at public expense if they disagree with the school's evaluation (Correct answer)
- The school must repeat its evaluation every year
- Parents can waive all evaluations and create their own IEP
Correct answer: Parents can request a second evaluation at public expense if they disagree with the school's evaluation
If parents disagree with the school's evaluation, they have the right to request an IEE at public expense unless the school seeks a due process hearing to defend its evaluation.
Question 7: Which federal law specifically prohibits discrimination against individuals with disabilities in programs receiving federal financial assistance?
- IDEA
- ADA Title II
- Section 504 of the Rehabilitation Act (Correct answer)
- FERPA
Correct answer: Section 504 of the Rehabilitation Act
Section 504 of the Rehabilitation Act of 1973 prohibits discrimination against individuals with disabilities in any program or activity receiving federal financial assistance.
CIA Special Education Law & IEPs 3
Under Section 504 of the Rehabilitation Act, who qualifies for a 504 plan?