DESE Educational Law, Ethics & Professionalism 4 — Questions and Answers
Question 1: A student with an IEP requires extended time on tests as an accommodation. The teacher administers a timed test without the accommodation because 'it would not be fair to other students.' This action:
- Is justifiable if the majority of students would be disadvantaged
- Violates IDEA and denies the student their legally required FAPE (Correct answer)
- Is acceptable if the teacher notifies the special education coordinator afterward
- Is permitted if the test is formative rather than summative
Correct answer: Violates IDEA and denies the student their legally required FAPE
Failing to implement an IEP accommodation denies the student their right to a free appropriate public education under IDEA and may also violate Section 504.
Question 2: A principal instructs a teacher to change a student's failing grade to passing to meet a graduation quota. The ethical response for the teacher is to:
- Comply because the principal has authority over grading decisions
- Change the grade temporarily and document the incident
- Refuse and report the request through appropriate channels (Correct answer)
- Change the grade only if the student agrees
Correct answer: Refuse and report the request through appropriate channels
Falsifying grades violates professional ethics and legal standards; educators must refuse unethical directives and report them through appropriate channels such as the superintendent or ethics commission.
Question 3: Under Section 504 of the Rehabilitation Act, a student with ADHD who does not qualify for special education services under IDEA may still be entitled to:
- An Individualized Education Program (IEP)
- A 504 Plan with reasonable accommodations in the general education classroom (Correct answer)
- Placement in a substantially separate program
- Tutoring services funded by Title I
Correct answer: A 504 Plan with reasonable accommodations in the general education classroom
Section 504 provides accommodations for students with disabilities who do not meet IDEA eligibility criteria but whose disability substantially limits a major life activity such as learning.
Question 4: Which of the following best describes the concept of 'in loco parentis' in the context of educator responsibilities?
- The requirement for teachers to contact parents before any disciplinary action
- The authority of teachers to act in the place of parents to ensure student safety and welfare while at school (Correct answer)
- The legal obligation of parents to support school disciplinary decisions
- The right of students to privacy from parental oversight at school
Correct answer: The authority of teachers to act in the place of parents to ensure student safety and welfare while at school
In loco parentis means 'in place of the parent,' granting educators a duty of care and limited authority to act as a parent would in ensuring student safety and welfare during the school day.
Question 5: A Massachusetts school district receives a request from a divorced parent who does not have legal custody of a student. Under FERPA, the district should:
- Deny access because the parent does not have legal custody
- Provide access, as FERPA grants rights to both parents regardless of custody unless a court order restricts access (Correct answer)
- Require a court subpoena before providing any records
- Consult only with the custodial parent before deciding
Correct answer: Provide access, as FERPA grants rights to both parents regardless of custody unless a court order restricts access
FERPA grants both parents equal rights to access education records regardless of custody status unless a court order, state law, or legally binding document specifically revokes those rights.
Question 6: Which of the following actions by a teacher would most likely constitute a Fourth Amendment concern in the school setting?
- Reviewing a student's homework without asking permission
- Searching a student's locker without reasonable suspicion (Correct answer)
- Assigning detention without a parent conference
- Confiscating a cell phone used in class
Correct answer: Searching a student's locker without reasonable suspicion
The Fourth Amendment protects against unreasonable searches; school searches require at least reasonable suspicion under New Jersey v. T.L.O. (1985).
Question 7: A teacher witnesses a colleague using racially derogatory language toward a student in the hallway. The teacher's professional and legal responsibility is to:
- Speak to the colleague privately and give them a chance to correct the behavior
- Ignore it if it appears to be an isolated incident
- Report the incident to administration, as it may constitute discriminatory harassment (Correct answer)
- Mediate directly between the student and the colleague
Correct answer: Report the incident to administration, as it may constitute discriminatory harassment
Racially discriminatory conduct by school staff may violate Title VI of the Civil Rights Act and state anti-discrimination laws, obligating educators who witness it to report it to administration.
DESE Educational Law, Ethics & Professionalism 4
A student with an IEP requires extended time on tests as an accommodation.
The teacher administers a timed test without the accommodation because 'it would not be fair to other students.' This action: