NES Regulatory Frameworks & Compliance 4 — Questions and Answers
Question 1: A district wants to conduct an initial evaluation to determine if a student is eligible for special education. What must occur before the evaluation begins?
- The student must fail at least two general education interventions
- The district must obtain written informed consent from the parent or guardian (Correct answer)
- The IEP team must convene to authorize the evaluation
- The student's teachers must submit written referral documentation
Correct answer: The district must obtain written informed consent from the parent or guardian
IDEA requires schools to obtain written, informed parental consent before conducting an initial evaluation for special education eligibility.
Question 2: The McKinney-Vento Act primarily protects which group of students?
- English language learners in Title I schools
- Students experiencing homelessness (Correct answer)
- Migrant students whose families follow crop seasons
- Students in foster care or the juvenile justice system
Correct answer: Students experiencing homelessness
The McKinney-Vento Homeless Assistance Act ensures that students experiencing homelessness have access to free, appropriate public education.
Question 3: Under the No Child Left Behind Act (since reauthorized as ESSA), what was the primary purpose of 'highly qualified teacher' requirements?
- To mandate advanced degrees for all public school teachers
- To ensure teachers in core academic subjects demonstrated content-area competency (Correct answer)
- To require teachers to complete annual professional development hours
- To establish national licensure standards replacing state certification
Correct answer: To ensure teachers in core academic subjects demonstrated content-area competency
NCLB's highly qualified teacher provision required core subject teachers to demonstrate subject-matter competency through specific credentials or testing.
Question 4: Which of the following is a key difference between IDEA and Section 504 regarding eligibility?
- IDEA covers a broader range of disabilities than Section 504
- Section 504 has a broader disability definition that includes students who do not qualify under IDEA (Correct answer)
- Only Section 504 requires an individualized plan for eligible students
- IDEA applies to all schools while Section 504 applies only to federally funded schools
Correct answer: Section 504 has a broader disability definition that includes students who do not qualify under IDEA
Section 504's definition of disability is broader than IDEA's, so students who don't qualify for IDEA may still be eligible for 504 accommodations.
Question 5: A school that receives Title I funds must use those funds primarily to:
- Purchase new technology and classroom equipment
- Support programs for disadvantaged students to meet state standards (Correct answer)
- Increase teacher salaries in high-poverty schools
- Fund extracurricular activities that promote student engagement
Correct answer: Support programs for disadvantaged students to meet state standards
Title I funds are designated to help disadvantaged students, particularly those in high-poverty schools, meet challenging academic standards.
Question 6: When a student transfers to a new school district mid-year, the receiving district's obligation regarding an existing IEP is to:
- Conduct a new full evaluation before providing any services
- Provide comparable services in consultation with parents until a new IEP is developed (Correct answer)
- Continue the previous IEP exactly as written for the remainder of the school year
- Place the student in a self-contained setting until the IEP can be reviewed
Correct answer: Provide comparable services in consultation with parents until a new IEP is developed
Upon transfer, districts must provide comparable services while the team collaborates with parents to adopt or develop an appropriate IEP.
Question 7: Under FERPA, in which situation may school officials disclose student records without prior parental consent?
- When a parent's attorney subpoenas the records for a custody case
- When there is a genuine emergency threatening the health or safety of the student or others (Correct answer)
- When a local newspaper investigates school performance issues
- When a college admissions officer requests academic transcripts
Correct answer: When there is a genuine emergency threatening the health or safety of the student or others
FERPA includes a health and safety emergency exception that permits disclosure without consent when necessary to protect the student or others.
NES Regulatory Frameworks & Compliance 4
A district wants to conduct an initial evaluation to determine if a student is eligible for special education.
What must occur before the evaluation begins?