NES Regulatory Frameworks & Compliance 5 — Questions and Answers
Question 1: Which of the following best describes 'procedural due process' under IDEA when a school proposes to change a student's placement?
- The school must prove the new placement is superior in court before implementing it
- Parents must receive prior written notice and have the right to request a due process hearing (Correct answer)
- A majority of the IEP team members must vote to approve any placement change
- The state education agency must authorize all placement changes before they take effect
Correct answer: Parents must receive prior written notice and have the right to request a due process hearing
IDEA requires prior written notice and preserves parents' right to a due process hearing whenever a school proposes to change or refuse to change placement.
Question 2: The 'stay-put' provision of IDEA requires that during dispute resolution proceedings, a student:
- Must remain at home pending the outcome of the hearing
- Remains in their current educational placement unless parents and school agree otherwise (Correct answer)
- Is placed in a neutral setting determined by the hearing officer
- Continues in the proposed new placement if it was the school's decision
Correct answer: Remains in their current educational placement unless parents and school agree otherwise
The stay-put provision protects students by maintaining the current placement during disputes, preventing unilateral school-initiated changes.
Question 3: A school counselor learns from a student that the student intends to harm a classmate tomorrow. Confidentiality obligations under ethical codes and law:
- Prevent the counselor from disclosing anything the student shared in confidence
- Are superseded by the duty to warn and protect identifiable third parties from harm (Correct answer)
- Require the counselor to notify only the student's parents but not school administration
- Apply fully unless the student provides written permission to disclose
Correct answer: Are superseded by the duty to warn and protect identifiable third parties from harm
The duty to warn (based on Tarasoff and related statutes) overrides confidentiality when there is a credible, imminent threat to an identifiable person.
Question 4: Which of the following is required for a student's IEP under IDEA?
- A commitment that the student will achieve grade-level standards by the end of the IEP period
- Measurable annual goals aligned to the student's present levels of performance (Correct answer)
- Placement in a general education classroom for at least 50% of the school day
- Monthly progress reports sent directly to the state education agency
Correct answer: Measurable annual goals aligned to the student's present levels of performance
IDEA mandates measurable annual goals based on the student's present levels so progress can be objectively tracked and reported to parents.
Question 5: Under the ADA and Section 504, a school is required to provide 'reasonable accommodations' to a student with a disability. 'Reasonable' is best defined as:
- Any accommodation the student's family requests regardless of cost
- Modifications that do not impose an undue burden or fundamentally alter the program (Correct answer)
- Accommodations that guarantee the student achieves the same outcomes as peers without disabilities
- Only those accommodations specifically listed in federal regulations
Correct answer: Modifications that do not impose an undue burden or fundamentally alter the program
Reasonable accommodation balances the student's needs against the school's capacity; an accommodation is not required if it imposes undue hardship or fundamentally alters the program.
Question 6: A district is conducting a re-evaluation of a student currently receiving special education services. Which statement is accurate?
- Re-evaluations must occur every year regardless of circumstances
- Parental consent is required for re-evaluation unless the district can demonstrate it has taken reasonable steps to obtain consent (Correct answer)
- The student must fail academically for a re-evaluation to be initiated
- Re-evaluations can only be requested by the IEP team, not by parents
Correct answer: Parental consent is required for re-evaluation unless the district can demonstrate it has taken reasonable steps to obtain consent
IDEA requires parental consent for re-evaluation; if parents do not respond after reasonable outreach, the district may proceed with documentation of its attempts.
Question 7: A high school student who is 18 years old and still receiving special education services under IDEA now has educational rights that:
- Transfer automatically to the student unless the student has been determined legally incompetent (Correct answer)
- Remain with the parents until the student graduates from high school
- Are shared equally between the student and both parents until age 21
- Transfer only if the student files a formal request with the school district
Correct answer: Transfer automatically to the student unless the student has been determined legally incompetent
At age 18, IDEA rights transfer from parents to the student automatically unless the student has been legally determined to lack decision-making capacity.
NES Regulatory Frameworks & Compliance 5
Which of the following best describes 'procedural due process' under IDEA when a school proposes to change a student's placement?