How well do you know special education law? | Brookes Publishing Co.

How well do you know special education law?

Knowing the law is a crucial element of serving students with special needs.

You don’t have to guess at what the law is. Take this simple quiz for clarification of what your legal responsibilities are when teaching students with special needs.

In this “Two Truths, One Lie” quiz, excerpted from Your Classroom Guide to Special Education Law by Beverley H. Johns, M.S., you can put to rest any confusion over what’s true and what’s inaccurate when it comes to your legal obligations.

See how well you do!

How Well Do You Know Special Education Law? quiz

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Save 10% when you purchase Your Classroom Guide to Special Education Law by Beverley H. Johns—just use Savings Code SPEDLAW10!

Read an excerpt from Your Classroom Guide to Special Education Law, and download the infographic for helpful tips on navigating special education law in the classroom!

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Question 1

Read all of these statements. Two are true, and one is a lie. Determine which one is a lie.

A The IEP not only determines what the individual child needs but also what supports the teacher may need.
B According to the Supreme Court in Honig v. Doe (1988), schools can suspend students with disabilities for 10 days each time the student is suspended.
C Schools are expected to provide any medical services other than what a physician would be required to provide.

Question 1 Explanation:

B. is the lie. Honig v. Doe (1988) stated that schools could suspend students with disabilities for 10 days per year, not 10 days each time the student misbehaves.

Question 2

Read all of these statements. Two are true, and one is a lie. Determine which one is a lie.

A If the parents can only come to an IEP meeting on Saturday, then the school must schedule the IEP on Saturday.
B Under certain circumstances, the school can hold an IEP meeting if the parent cannot attend.
C Parental concerns must be addressed at the IEP meeting.

Question 2 Explanation:

A. is the lie. The IEP meeting should be held at a mutually agreed upon time and place. Convening on Saturday is probably not mutually agreeable with school staff.

Question 3

Read all of these statements. Two are true, and one is a lie. Determine which one is a lie.

A The special education teacher’s opinion weighs the heaviest on the IEP team because the special educator has expertise in the IEP.
B The paraprofessional is not responsible for planning instruction for the student.
C There must be an administrator on every IEP team who is able to approve services.

Question 3 Explanation:

A. is the lie. The special education teacher is a partner in the IEP process, and one individual’s opinion does not count more than other school-based team participants.

Question 4

Read all of these statements. Two are true, and one is a lie. Determine which one is a lie.

A You should have three forms of written documentation to show that you have invited the parent to the IEP meeting.
B If the parent revokes placement outlined in the IEP, then the school district cannot implement the placement.
C If the general education teacher refuses to serve the student within the general education class, then the IEP team cannot place the student in the class.

Question 4 Explanation:

  1. is the lie. The general education teacher does not have the authority to override a group IEP decision. However, the team will want to look closely at what the student will need in order to be successful in that setting and whether there is another general education classroom that may be more appropriate.
Question 5

Read all of these statements. Two are true, and one is a lie. Determine which one is a lie.

A A teacher who has exhibited intent to harm that could threaten a child’s constitutional rights cannot be personally sued, but the school district itself can be sued.
B Individuals who work within the school district and who work with the student and have a right to know should be informed of critical information about the student.
C When a paraprofessional engages in harmful actions to the child, such as blowing a whistle in a child’s ear, the teacher has the responsibility to stop the behavior.

Question 5 Explanation:

A. is the lie. The teacher can be sued personally, and the school district also can be sued, unless it took steps to stop what the teacher was doing.

Question 6

Read all of these statements. Two are true, and one is a lie. Determine which one is a lie.

A Students who bring weapons or drugs to school can be placed in an interim alternative educational setting for 45 school days.
B Students can be suspended for 10 days at a time.
C BIPs must be developed for those students with disabilities whose behavior interferes with their learning.

Question 6 Explanation:

B. is the lie. Students can be suspended up to 10 school days per year, including extended school year, without services.

Question 7

Read all of these statements. Two are true, and one is a lie. Determine which one is a lie.

A A student’s attendance records are part of his or her permanent records.
B A student’s discipline records are part of his or her permanent records.
C All schools have to have an individual designated as a records custodian.

Question 7 Explanation:

B. is the lie. Student discipline records are part of temporary records.

Question 8

Read all of these statements. Two are true, and one is a lie. Determine which one is a lie.

A Temporary records include IEPs.
B Confidentiality applies only to students within the school.
C Nothing that denotes special education should be referred to in a permanent record.

Question 8 Explanation:

B. is the lie. Confidentiality also applies to staff members.

Question 9

Read all of these statements. Two are true, and one is a lie. Determine which one is a lie.

A School personnel may unilaterally suspend a student for not more than 10 school days.
B School district personnel who are requesting an IEP meeting that includes developing a transition plan do not have to invite a representative of an agency that provides postschool services if they do not believe the agency representative will attend anyway.
C The school principal should invite a classroom teacher to the IEP even though the student is placed in a specialized school.

Question 9 Explanation:

B. is the lie. The district must invite the agency representative even if it is likely the individual will not attend.

Question 10

Read all of these statements. Two are true, and one is a lie. Determine which one is a lie.

A Off-duty conduct can be considered when determining whether an individual should be reemployed.
B What a school district employee posts on Facebook is no business of the school district.
C Educators are not always protected by the Constitution’s First Amendment of freedom of speech.

Question 10 Explanation:

B. is the lie. A school district does have the right to review and take action against someone who posts inappropriate comments on Facebook.

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