ESE ESE Legal Frameworks & Disability Law 2 — Questions and Answers
Question 1: How does Section 504 of the Rehabilitation Act differ from IDEA in eligibility?
- Section 504 has stricter eligibility criteria than IDEA
- Section 504 has a broader definition of disability and does not require the disability to adversely affect educational performance (Correct answer)
- Section 504 only covers physical disabilities
- Section 504 and IDEA have identical eligibility standards
Correct answer: Section 504 has a broader definition of disability and does not require the disability to adversely affect educational performance
Section 504 uses a broader definition of disability (any physical or mental impairment substantially limiting a major life activity) and doesn't require adverse educational impact as IDEA does.
Question 2: What does ADA Title II require of public schools?
- Schools must provide individualized education programs
- Schools must not discriminate against individuals with disabilities and must provide equal access to programs and facilities (Correct answer)
- Schools must hire a minimum number of teachers with disabilities
- Schools must use only evidence-based instructional methods
Correct answer: Schools must not discriminate against individuals with disabilities and must provide equal access to programs and facilities
ADA Title II prohibits discrimination against individuals with disabilities by public entities, including public schools, requiring equal access to programs, services, and facilities.
Question 3: What is a '504 Plan' and who creates it?
- An IEP created by the special education team
- A written plan of accommodations and modifications for students with disabilities under Section 504, created by a school team (Correct answer)
- A medical plan created by doctors
- A behavioral intervention plan created by psychologists
Correct answer: A written plan of accommodations and modifications for students with disabilities under Section 504, created by a school team
A 504 Plan is developed by a school team to outline accommodations and modifications that give students with disabilities equal access to education under Section 504.
Question 4: Which US Supreme Court case raised the standard of educational benefit schools must provide under IDEA beyond 'just above trivial'?
- Brown v. Board of Education
- Rowley v. Board of Education
- Endrew F. v. Douglas County School District (Correct answer)
- Honig v. Doe
Correct answer: Endrew F. v. Douglas County School District
In Endrew F. v. Douglas County (2017), the Supreme Court ruled that schools must provide an IEP reasonably calculated to enable meaningful educational progress, raising the standard above the minimal Rowley threshold.
Question 5: Under IDEA, what right do parents have regarding an Independent Educational Evaluation (IEE)?
- Parents cannot request an IEE
- Parents may request an IEE at public expense if they disagree with the school's evaluation (Correct answer)
- Parents can request an IEE but must always pay for it
- IEEs are only allowed in due process hearings
Correct answer: Parents may request an IEE at public expense if they disagree with the school's evaluation
Parents have the right to request an IEE at public expense if they disagree with the school's evaluation; the school must either fund the IEE or initiate a due process hearing to defend their evaluation.
Question 6: What is 'manifestation determination' in special education discipline?
- An assessment of a student's academic level
- A review to determine if a student's behavior was caused by or directly related to their disability before imposing certain disciplinary actions (Correct answer)
- A parent meeting to discuss behavior
- A functional behavioral assessment process
Correct answer: A review to determine if a student's behavior was caused by or directly related to their disability before imposing certain disciplinary actions
A manifestation determination review is required when a school proposes to change a student's placement due to disciplinary reasons, to determine if the behavior was a manifestation of the student's disability.
ESE ESE Legal Frameworks & Disability Law 2
How does Section 504 of the Rehabilitation Act differ from IDEA in eligibility?