NCED Legal & Ethical Considerations 2 — Questions and Answers
Question 1: Under IDEA, which timeline must a school district meet when conducting an initial evaluation after receiving parental consent?
- 30 calendar days
- 45 school days
- 60 days (or state-established timeline) (Correct answer)
- 90 calendar days
Correct answer: 60 days (or state-established timeline)
IDEA requires initial evaluations to be completed within 60 days of receiving parental consent, unless the state has established a different timeline.
Question 2: A parent revokes consent for special education services in writing. What must the district do?
- Seek a due process hearing to continue services
- Continue services until the IEP team meets
- Cease services without imposing any procedural safeguards (Correct answer)
- Notify the state education agency before stopping services
Correct answer: Cease services without imposing any procedural safeguards
When a parent revokes consent in writing, the district must stop services and is not required to convene an IEP meeting or use procedural safeguards to override the decision.
Question 3: Which ethical principle requires an educational diagnostician to disclose potential conflicts of interest before conducting an evaluation?
- Beneficence
- Nonmaleficence
- Fidelity and responsibility (Correct answer)
- Justice
Correct answer: Fidelity and responsibility
Fidelity and responsibility compel professionals to be transparent about relationships or interests that could bias their professional judgment.
Question 4: Section 504 of the Rehabilitation Act differs from IDEA primarily in that Section 504:
- Requires an IEP for every student with a disability
- Applies only to students with intellectual disabilities
- Provides accommodations without requiring a specialized curriculum (Correct answer)
- Mandates a 60-day evaluation timeline
Correct answer: Provides accommodations without requiring a specialized curriculum
Section 504 provides equal access through accommodations and modifications without necessarily requiring specialized instruction or an IEP.
Question 5: When test results will be shared with outside agencies, FERPA requires the educational diagnostician to:
- Submit a written request to the state education agency
- Obtain written parental consent before disclosure (Correct answer)
- Notify the student's classroom teacher first
- Complete a redisclosure agreement with the outside agency
Correct answer: Obtain written parental consent before disclosure
FERPA requires written parental consent before personally identifiable information from education records is disclosed to third parties not covered by a FERPA exception.
Question 6: A diagnostician discovers during testing that a student has disclosed ongoing abuse at home. The FIRST action should be:
- Document the disclosure in the evaluation report
- Consult with the school psychologist before acting
- Report the suspected abuse to child protective services as a mandated reporter (Correct answer)
- Notify the parents immediately
Correct answer: Report the suspected abuse to child protective services as a mandated reporter
As a mandated reporter, the diagnostician must report suspected abuse to child protective services immediately, regardless of any other professional obligations.
Question 7: The least restrictive environment (LRE) requirement under IDEA mandates that:
- All students with disabilities must be placed in general education classrooms
- Students with disabilities are educated with non-disabled peers to the maximum extent appropriate (Correct answer)
- LRE is determined solely by the student's academic performance level
- Related services must be provided outside the general education setting
Correct answer: Students with disabilities are educated with non-disabled peers to the maximum extent appropriate
LRE requires schools to educate students with disabilities alongside non-disabled peers to the maximum extent appropriate, based on individual need.
NCED Legal & Ethical Considerations 2
Under IDEA, which timeline must a school district meet when conducting an initial evaluation after receiving parental consent?