Legal & Ethical Considerations Flashcards

The 'stay-put' provision under IDEA requires that during dispute resolution proceedings, the student:

Answer: Remain in the current educational placement pending resolution

The stay-put rule prevents unilateral placement changes by the district while a due process complaint or appeal is pending, keeping the student in the current placement.

An educational diagnostician who bills Medicaid for services never rendered has committed:

Answer: Healthcare fraud, which is a federal crime

Billing government healthcare programs for services not provided constitutes healthcare fraud under federal law, carrying criminal penalties beyond professional sanctions.

Which of the following is a key difference between a functional behavior assessment (FBA) and a traditional psychoeducational evaluation from a legal standpoint?

Answer: An FBA is mandated by IDEA when a student's behavior impedes learning and may result in removal exceeding 10 days

IDEA requires an FBA when a student with a disability is removed from their current placement for more than 10 school days due to behavior, linking behavioral assessment to disciplinary procedures.

A diagnostician is pressured by an administrator to find a student eligible for special education to meet the district's enrollment quota. The diagnostician should:

Answer: Conduct and report the evaluation objectively, regardless of administrative pressure

Professional ethics require that evaluation results reflect objective, data-driven conclusions; allowing administrative pressure to distort findings violates core ethical principles.

Under IDEA, how frequently must a student's IEP be reviewed at minimum?

Answer: Annually

IDEA requires that each student's IEP be reviewed and revised at least annually to reflect progress and updated goals.

Which circumstance allows a school district to disclose student records to law enforcement without parental consent under FERPA?

Answer: There is an articulable and significant threat to health or safety

FERPA's health and safety emergency exception permits disclosure of education records to appropriate parties when there is an articulable and significant threat to a student or others.

A diagnostician concludes that a student does not meet eligibility criteria for special education. The evaluation report must still:

Answer: Document the data sources, findings, and basis for the eligibility decision

Regardless of eligibility outcome, the evaluation report must document the assessment data, methods, and the team's rationale so that the decision is transparent and defensible.