FTCE ESE Legal and Ethical Foundations 2 — Questions and Answers
Question 1: The Americans with Disabilities Act (ADA) applies to schools primarily by:
- Replacing IDEA for students with physical disabilities
- Prohibiting discrimination based on disability in public entities including public schools (Correct answer)
- Providing federal funding for special education programs
- Requiring all schools to create individual accommodation plans
Correct answer: Prohibiting discrimination based on disability in public entities including public schools
The ADA prohibits discrimination against individuals with disabilities in all public entities, including public schools, ensuring equal access to programs and activities.
Question 2: Which term describes the requirement that special education decisions must be based on multiple sources of data rather than a single test score?
- Universal Design for Learning
- Nondiscriminatory Evaluation (Correct answer)
- Response to Intervention
- Child Find
Correct answer: Nondiscriminatory Evaluation
Nondiscriminatory Evaluation under IDEA requires that eligibility decisions be based on a variety of assessment tools and strategies, not a single measure.
Question 3: The IDEA provision known as 'Child Find' requires public schools to:
- Locate, identify, and evaluate all children with disabilities, including those in private schools (Correct answer)
- Find and place students with disabilities in private school settings
- Conduct annual screenings only for students referred by classroom teachers
- Identify children at risk of academic failure due to poverty
Correct answer: Locate, identify, and evaluate all children with disabilities, including those in private schools
Child Find obligates all school districts to actively seek out, identify, and evaluate all children with disabilities within their jurisdiction, including those in private schools.
Question 4: When parents disagree with a school district's evaluation results, IDEA gives them the right to request:
- A second opinion from any private psychologist at school expense
- An Independent Educational Evaluation (IEE) at public expense (Correct answer)
- A reevaluation conducted by the same school team within 10 days
- A formal complaint with the US Department of Education
Correct answer: An Independent Educational Evaluation (IEE) at public expense
Under IDEA, parents who disagree with a school's evaluation may request an IEE at public expense, which the district must either fund or initiate a due process hearing to defend its evaluation.
Question 5: Manifestation Determination Review (MDR) is required under IDEA when a student with a disability faces a suspension of more than:
- 3 consecutive school days
- 5 consecutive school days
- 10 consecutive school days (Correct answer)
- 15 consecutive school days
Correct answer: 10 consecutive school days
A Manifestation Determination Review must be conducted within 10 school days when a student with a disability is subject to a disciplinary change of placement exceeding 10 consecutive school days.
Question 6: Under IDEA, IEP teams must reconvene at least:
- Every 6 months
- Once per year (Correct answer)
- Every 2 years
- Every 3 years
Correct answer: Once per year
IDEA requires that IEP teams meet at least annually to review and, if appropriate, revise the student's IEP.
FTCE ESE Legal and Ethical Foundations 2
The Americans with Disabilities Act (ADA) applies to schools primarily by: