SRO Special Education & Student Rights 4 — Questions and Answers
Question 1: A student experiencing a psychiatric crisis at school is not currently enrolled in special education. What are the SRO's obligations?
- The SRO has no special obligations since the student lacks an IEP
- The SRO should still use de-escalation, coordinate with mental health staff, and consider whether the student may have an unmet disability-related need (Correct answer)
- The student should be immediately transported to a psychiatric facility by the SRO
- The SRO should detain the student until parents arrive regardless of the situation
Correct answer: The SRO should still use de-escalation, coordinate with mental health staff, and consider whether the student may have an unmet disability-related need
SROs should use de-escalation and work with mental health staff even for students without IEPs, as students may have unidentified disabilities or pending evaluations.
Question 2: Under IDEA, what is 'free appropriate public education' (FAPE)?
- Public education provided at no cost to parents that meets the individual needs of the student with a disability (Correct answer)
- Any public school program that is available to all students at no charge
- Special education services that are provided on a sliding-scale fee basis
- Education in a private facility paid for entirely by the student's family
Correct answer: Public education provided at no cost to parents that meets the individual needs of the student with a disability
FAPE requires that students with disabilities receive special education and related services at public expense, meeting their individual needs as described in their IEP.
Question 3: A student with a disability is arrested by an SRO on school grounds. Which statement is TRUE regarding special education services?
- The student loses all IEP rights upon arrest
- The student retains the right to FAPE even while in juvenile detention if the jurisdiction provides educational services (Correct answer)
- The student's IEP is automatically suspended during legal proceedings
- Only parents can request that special education services continue during detention
Correct answer: The student retains the right to FAPE even while in juvenile detention if the jurisdiction provides educational services
Students with disabilities retain their right to FAPE in juvenile correctional facilities if the state or territory is responsible for providing education in that setting.
Question 4: What is 'child find' under IDEA?
- A program to locate missing children on school grounds
- The obligation of states and school districts to identify, locate, and evaluate all children with disabilities (Correct answer)
- An AMBER Alert system specifically for students with disabilities
- The process of finding appropriate classroom placements for transfer students
Correct answer: The obligation of states and school districts to identify, locate, and evaluate all children with disabilities
Child find requires states and LEAs to actively identify, locate, and evaluate all children with disabilities, whether they are in public school, private school, or homeschooled.
Question 5: A student with a learning disability is caught possessing marijuana on school grounds for the first time. After a manifestation determination finds the behavior IS related to the disability, what happens?
- The student cannot be disciplined in any form
- The school must conduct an FBA and develop a BIP if not already in place, but may not expel the student; however, the student can still face law enforcement consequences separately (Correct answer)
- The student's IEP is immediately revised to include drug counseling and no other action is taken
- The school must change the student's placement to an alternative school permanently
Correct answer: The school must conduct an FBA and develop a BIP if not already in place, but may not expel the student; however, the student can still face law enforcement consequences separately
When behavior is a manifestation of a disability, the school must address the educational response through an FBA/BIP, though separate law enforcement action is not precluded by IDEA.
Question 6: An SRO observes a student with a visual impairment struggling to navigate a crowded hallway after a fire drill. What principle applies?
- Schools are not required to accommodate students with disabilities during emergency drills
- Schools must ensure that students with disabilities can participate in and benefit from emergency procedures, including drills (Correct answer)
- Only physical education accommodations are required under disability law
- The student's parents must provide an aide for all emergency situations
Correct answer: Schools must ensure that students with disabilities can participate in and benefit from emergency procedures, including drills
Schools must ensure students with disabilities can safely participate in emergency procedures, including drills, which may require individualized emergency evacuation plans.
Question 7: What is the maximum number of days a student with a disability can be suspended (in short-term suspensions) before the school must provide a manifestation determination review?
- 3 school days
- 5 school days
- 10 school days (Correct answer)
- 20 school days
Correct answer: 10 school days
Under IDEA, a manifestation determination review is required if a student with a disability is removed from their educational placement for more than 10 cumulative school days in a school year.
SRO Special Education & Student Rights 4
A student experiencing a psychiatric crisis at school is not currently enrolled in special education.
What are the SRO's obligations?