ESPC ESPC Special Education Law & Compliance 2 — Questions and Answers
Question 1: Confidentiality of student records in special education is primarily protected by which law?
- HIPAA
- IDEA and FERPA (Correct answer)
- ADA
- Title IX
Correct answer: IDEA and FERPA
Student education records, including IEPs, are protected under IDEA and FERPA, which restrict who may access or share that information.
Question 2: What is the purpose of a Functional Behavior Assessment (FBA)?
- To assign grades for academic performance
- To identify the function or reason behind a student's challenging behavior (Correct answer)
- To remove a student from the classroom permanently
- To create a reading level report
Correct answer: To identify the function or reason behind a student's challenging behavior
An FBA investigates the cause or function of challenging behavior so an effective Behavior Intervention Plan can be developed.
Question 3: Which team member is legally responsible for implementing and overseeing a student's IEP?
- The paraeducator assigned to the student
- The licensed special education teacher or case manager (Correct answer)
- The school bus driver
- The lunchroom aide
Correct answer: The licensed special education teacher or case manager
The licensed special education teacher or case manager holds legal responsibility for IEP oversight, though paraeducators assist in implementation.
Question 4: A student's IEP specifies extended time on tests. The paraeducator's role is to:
- Decide whether the accommodation is appropriate on a test-by-test basis
- Ensure the accommodation is consistently applied as written (Correct answer)
- Grant extra time only on major exams
- Ask the principal for permission each time
Correct answer: Ensure the accommodation is consistently applied as written
Paraeducators must implement IEP accommodations consistently and exactly as specified — discretion to modify them is not within their role.
Question 5: What does 'procedural safeguards' mean in the context of IDEA?
- Safety protocols for fire drills
- Parents' legal rights related to their child's special education evaluation and placement (Correct answer)
- Procedures for hiring paraeducators
- Rules for locking classroom cabinets
Correct answer: Parents' legal rights related to their child's special education evaluation and placement
Procedural safeguards under IDEA are a set of parental rights that protect families during special education decision-making processes.
Question 6: A paraeducator overhears a colleague sharing a student's IEP details with an unauthorized parent volunteer. What should the paraeducator do?
- Join the conversation to add more detail
- Ignore it since the colleague is more senior
- Report the confidentiality breach to a supervisor (Correct answer)
- Warn the volunteer not to share the information
Correct answer: Report the confidentiality breach to a supervisor
Unauthorized disclosure of IEP information violates FERPA and IDEA; the paraeducator should report this breach to a supervisor promptly.
ESPC ESPC Special Education Law & Compliance 2
Confidentiality of student records in special education is primarily protected by which law?