DESE Educational Law, Ethics & Professionalism 2 — Questions and Answers
Question 1: Under FERPA, which of the following individuals generally has the right to access a student's education records without prior consent?
- A local newspaper reporter writing an education story
- A school official with a legitimate educational interest (Correct answer)
- A neighboring district's principal
- A parent of a student who has turned 18
Correct answer: A school official with a legitimate educational interest
FERPA permits access to education records by school officials who have a legitimate educational interest, as defined in the school's annual FERPA notice.
Question 2: A Massachusetts educator suspects a student is being neglected at home. Under M.G.L. c. 119, §51A, what is the educator's legal obligation?
- Notify the principal and let administration decide whether to report
- Conduct a private investigation before involving authorities
- File a report with the Department of Children and Families (DCF) (Correct answer)
- Document observations and wait for additional evidence
Correct answer: File a report with the Department of Children and Families (DCF)
Educators are mandated reporters in Massachusetts and must file a 51A report with DCF whenever they have reasonable cause to believe a child is being abused or neglected.
Question 3: Which federal law requires public schools to provide a free appropriate public education (FAPE) in the least restrictive environment (LRE) to students with disabilities?
- Section 504 of the Rehabilitation Act
- Title II of the ADA
- Individuals with Disabilities Education Act (IDEA) (Correct answer)
- Every Student Succeeds Act (ESSA)
Correct answer: Individuals with Disabilities Education Act (IDEA)
IDEA specifically mandates FAPE in the LRE for eligible students with disabilities and governs the IEP process.
Question 4: A teacher shares a student's learning disability diagnosis with another teacher who does not work with that student. This action most likely violates:
- IDEA's IEP confidentiality clause
- FERPA's protections on education records (Correct answer)
- Massachusetts Professional Standards for Teachers
- Title IX privacy provisions
Correct answer: FERPA's protections on education records
Sharing a student's disability diagnosis without a legitimate educational purpose violates FERPA, which protects personally identifiable information in education records.
Question 5: According to the Massachusetts Educator Code of Conduct, an educator who engages in a romantic relationship with a current student would be subject to:
- A written warning placed in their personnel file
- Mandatory counseling and a one-year probation
- License revocation and potential criminal charges (Correct answer)
- Transfer to a different grade level
Correct answer: License revocation and potential criminal charges
Sexual or romantic conduct with a student constitutes a severe ethical and legal violation that can result in license revocation and criminal prosecution.
Question 6: When developing an IEP, which participant's presence is required under IDEA?
- The school psychologist
- The student's parents or guardians (Correct answer)
- The district's special education director
- The school board representative
Correct answer: The student's parents or guardians
IDEA requires that the student's parents or guardians be included as members of the IEP team.
Question 7: A student tells a teacher in confidence that she is being bullied online by classmates. Under Massachusetts anti-bullying law (M.G.L. c. 71, §37O), the teacher must:
- Keep the disclosure confidential as requested by the student
- Mediate directly between the student and the bullies
- Report the bullying to the school principal or designee (Correct answer)
- Contact the bullies' parents directly
Correct answer: Report the bullying to the school principal or designee
Massachusetts law requires school staff who witness or learn of bullying to report it to the principal or designee; confidentiality requests do not override this duty.
DESE Educational Law, Ethics & Professionalism 2
Under FERPA, which of the following individuals generally has the right to access a student's education records without prior consent?