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The Law and Special Education



Multiple Choice   (2 points each, for a total of 40 pts.)

For each item below, write the letter of the best answer adjacent to the question/sentence.


_____ 1.  Which term refers to the published opinions of judges that arise from court cases where they interpret

statutes, regulations, and constitutional provisions:


  1. a) case law
  2. b) regulatory law
  3. c) constitutional law
  4. d) statutory law


_____ 2.   Which term refers to bills that are enacted by Congress or state legislatures and signed into law:

  1. a) case law
  2. b) regulatory law
  3. c) constitutional law
  4. d) statutory law


______ 3.   The citation 34 C.F.R. Section 300.550 refers to a:

  1.   federal regulation
  2. federal district court decision
  3.    state law
  4.   federal law


_____ 4.   A decision made by the 8th Circuit U.S. Court of Appeals is considered:

  1. a binding decision in all federal courts in the United States
  2. a binding decision in other federal courts in the 8th Circuit
  3. an advisory decision in other federal courts in the 8th Circuit
  4. has no bearing on anything



______ 5.   The PARC decision held that:

  1. all children had the right to an education
  2. the Pennsylvania Department of Mental Health was required to provide an education for children

in their jurisdiction

  1. all children with intellectual disabilities in Pennsylvania had the right to an education
  2. all children with disabilities in Pennsylvania had the right to an education




______6.  Which of the following is not true of both IDEA (2004) and Section 504 of the Rehabilitation Act of 1973?

  1. Students with disabilities have a right to a free appropriate public education
  2. Students are entitled to services in the least restrictive environment
  3. To be eligible for services, the disability must substantially limit one or more major life functions
  4. Parents may access due process if they disagree with a decision by the school district with respect to the identification, evaluation, or placement of their student with a disability

_____ 7.  Part C of the IDEA (2004) addresses requirements associated with:

  1. the assistive technology needs of students with disabilities
  2. the related services needs of students with disabilities
  3. the services provided to infants and toddlers with disabilities
  4. the services provided to children 3 and 4 years of age who have disabilities


______8.  Part B of the IDEA provides specific direction to states and local school districts with respect to each of  the following, except for:


  1. what constitutes a free appropriate public education
  2. elements that must be considered in determining the Least Restrictive Environment
  3. the requirements state education agencies must meet to be eligible for Personnel Development


  1. the requirements that must be in place for parents to challenge a decision made regarding the placement of their student with a disability


______ 9.  When disciplining a student with a disability, the school must conduct a manifestation determination if considering a long term suspension.  The standard for the manifestation determination is:

  1. Is there a likelihood that the students disability contributed to the inappropriate behavior displayed by the child
  2. Was the inappropriate behavior caused by or had a direct and substantial relationship to the student’s disability
  3. Had the student been told that the behavior in question could result in a long term suspension
  4. Were the parents and the student given a copy of the Student Handbook required under the Safe Schools Act



______ 10.   The Handicapped Children’s Protection Act of 1986 provided that all, or part,  of  the parent’s

attorney’s fees would be paid by the school district when:


  1. the parents won the case
  2. the parent’s attorney convinced the hearing officer that he/she should be paid
  3. the parents prevailed on elements of the case
  4. the parents met income eligibility requirements set by the state education agency
















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