NES Regulatory Frameworks & Compliance 2 — Questions and Answers
Question 1: Under FERPA, which of the following parties generally does NOT have automatic rights to access a student's education records without consent?
- The student's current teacher
- A non-custodial parent whose rights have not been legally terminated
- A prospective employer of the student (Correct answer)
- A school official with legitimate educational interest
Correct answer: A prospective employer of the student
FERPA protects student records from disclosure to employers without student consent, even for former students.
Question 2: Which federal law requires schools to provide a 'free appropriate public education' (FAPE) to students with disabilities in the least restrictive environment?
- Section 504 of the Rehabilitation Act
- Title IX of the Education Amendments
- Individuals with Disabilities Education Act (IDEA) (Correct answer)
- Americans with Disabilities Act (ADA)
Correct answer: Individuals with Disabilities Education Act (IDEA)
IDEA specifically mandates FAPE in the least restrictive environment (LRE) for eligible students with disabilities.
Question 3: A school district fails to hold an annual IEP meeting for a student with a disability. This is a violation of which legal requirement?
- Section 504 accommodation plan timelines
- IDEA's procedural safeguards (Correct answer)
- ESSA's accountability provisions
- ADA Title II requirements
Correct answer: IDEA's procedural safeguards
IDEA's procedural safeguards require annual IEP reviews; failure to do so constitutes a procedural violation.
Question 4: Under the Every Student Succeeds Act (ESSA), which entity holds primary responsibility for setting academic standards and accountability systems?
- The U.S. Department of Education
- Individual school districts
- States (Correct answer)
- Congress through annual appropriations
Correct answer: States
ESSA devolved significant authority back to states to set their own standards and design their own accountability systems.
Question 5: A teacher suspects a student is being abused at home. Under mandatory reporting laws, the teacher should FIRST:
- Consult with the principal before taking any action
- Report suspicions to the designated child protective services authority (Correct answer)
- Document observations and wait for further evidence
- Notify the student's parents of the concern
Correct answer: Report suspicions to the designated child protective services authority
Mandatory reporters must report suspected child abuse directly to child protective services without delay, regardless of certainty.
Question 6: Which of the following best describes the role of a Section 504 plan compared to an IEP?
- A 504 plan provides more intensive services than an IEP
- A 504 plan covers only physical disabilities while an IEP covers learning disabilities
- A 504 plan provides accommodations without specialized instruction, while an IEP includes specialized education services (Correct answer)
- A 504 plan requires parental consent while an IEP does not
Correct answer: A 504 plan provides accommodations without specialized instruction, while an IEP includes specialized education services
Section 504 plans provide reasonable accommodations for students who do not qualify for the specialized instruction mandated under IDEA's IEP.
Question 7: Title IX of the Education Amendments of 1972 primarily prohibits:
- Racial discrimination in federally funded education programs
- Sex discrimination in federally funded education programs (Correct answer)
- Disability discrimination in public schools
- Age discrimination in higher education admissions
Correct answer: Sex discrimination in federally funded education programs
Title IX prohibits sex-based discrimination in any educational program or activity receiving federal financial assistance.
NES Regulatory Frameworks & Compliance 2
Under FERPA, which of the following parties generally does NOT have automatic rights to access a student's education records without consent?