CPS Special Education Laws & Ethics 2 — Questions and Answers
Question 1: Under IDEA 2004, which party bears the burden of proof in a due process hearing challenging an IEP?
- The school district by default
- The party seeking relief, as determined by Schaffer v. Weast (Correct answer)
- Always the parents
- The state education agency
Correct answer: The party seeking relief, as determined by Schaffer v. Weast
The Supreme Court ruled in Schaffer v. Weast (2005) that the burden of proof falls on the party seeking relief, which is often the parents.
Question 2: A psycho-educational specialist shares a student's evaluation results with a university researcher without parental consent. This most directly violates which law?
- IDEA
- FERPA (Correct answer)
- Section 504
- ADA
Correct answer: FERPA
FERPA (Family Educational Rights and Privacy Act) prohibits disclosure of student education records, including evaluation data, without written parental consent.
Question 3: Which IDEA principle requires that students with disabilities be educated alongside non-disabled peers to the maximum extent appropriate?
- Zero reject
- Procedural safeguards
- Least restrictive environment (Correct answer)
- Nondiscriminatory evaluation
Correct answer: Least restrictive environment
The Least Restrictive Environment (LRE) principle mandates placement with non-disabled peers to the maximum extent appropriate given the student's needs.
Question 4: A school district refuses to evaluate a child suspected of having a disability because the child recently moved from another district. This violates IDEA's principle of:
- Appropriate education
- Zero reject (Correct answer)
- Procedural safeguards
- Least restrictive environment
Correct answer: Zero reject
Zero reject requires schools to provide services to all eligible children with disabilities regardless of circumstances, including recent enrollment.
Question 5: Under Section 504, 'qualified individual with a disability' for a student means one who:
- Has a documented IEP from a previous school
- Has a physical or mental impairment that substantially limits a major life activity and is in a program receiving federal funding (Correct answer)
- Qualifies under IDEA eligibility criteria only
- Has a medical diagnosis from a licensed physician
Correct answer: Has a physical or mental impairment that substantially limits a major life activity and is in a program receiving federal funding
Section 504 covers any student with a physical or mental impairment substantially limiting a major life activity in a federally funded program.
Question 6: A psycho-educational specialist is asked by a teacher to share a student's psychological report. The ethical course of action is to:
- Share a summary verbally since no documents are transferred
- Provide the full report as teachers are school staff
- Obtain parental consent before disclosing and share only relevant information (Correct answer)
- Refuse all disclosures to maintain absolute confidentiality
Correct answer: Obtain parental consent before disclosing and share only relevant information
Ethical standards require parental consent before sharing evaluation data and disclosure limited to information relevant to the recipient's educational role.
Question 7: Which amendment to IDEA strengthened requirements for highly qualified special education personnel and added provisions for early intervening services?
- IDEA 1990 (PL 101-476)
- IDEA 1997 (PL 105-17)
- IDEA 2004 (PL 108-446) (Correct answer)
- Education for All Handicapped Children Act 1975
Correct answer: IDEA 2004 (PL 108-446)
IDEA 2004 (Individuals with Disabilities Education Improvement Act) added provisions for early intervening services and personnel qualifications aligned with NCLB.
CPS Special Education Laws & Ethics 2
Under IDEA 2004, which party bears the burden of proof in a due process hearing challenging an IEP?