Exam 2: Laws, Ethics, and Issues

Correct Answer:

Verified

Due process considerations:
$\blacktriangleright$ Independent educational evaluation
$\blacktriangleright$ A professional outside of the LEA who conducts testing on a student.
$\blacktriangleright$ Parents may get one if they disagree with the LEAs findings.
$\blacktriangleright$ Resolution sessions
$\blacktriangleright$ Established to avoid a formal hearing.
$\blacktriangleright$ Must be held within 15 days of complaint.
$\blacktriangleright$ May be waived by parents.
$\blacktriangleright$ Mediation
$\blacktriangleright$ LEAs provide mediation at no cost to the parents.
$\blacktriangleright$ Mediation is voluntary on the part of the school and the parents.
$\blacktriangleright$ Mediation cannot be used by a local education agency to delay parental rights to a hearing or to deny any other rights provided in the regulations.
$\blacktriangleright$ Mediation is to be conducted by qualified and impartial trained mediators.
$\blacktriangleright$ In the event that parents and LEAs can not come to an agreement, they may file a complaint and request an impartial due process hearing.
$\blacktriangleright$ The parents and the school explain their side of the disagreement before an impartial hearing officer, a person qualified to hear the case, who then renders a decision.
$\blacktriangleright$ In the event that an impartial due process hearing does not resolve the issue, a state-level hearing or an appeal in civil court may be filed.

Correct Answer:

Verified

Accept answers that include any of the following comparisons:
$\blacktriangleright$ IDEA provides federal funding to states to assist in education of students with disabilities and has substantive requirements attached to funding.
Section 504 is a civil rights law that protects persons with disabilities from discrimination in programs or services that receive federal financial assistance and requires reasonable accommodations to ensure nondiscrimination
$\blacktriangleright$ IDEA takes a categorical approach to eligibility, including 13 disabilities that most adversely impact educational performance. Protections are only for students who are eligible for special education services.
Section 504 takes a functional approach to eligibility, including students a) having a mental or physical impairment that affects a major life activity, b) with a record of such an impairment, or c) who are regarded as having such an impairment. Protections extend to students who receive general and special education.</para></listitem>
$\blacktriangleright$ <entry valign="top"><itemizedlist mark="bull" spacing="normal"><listitem><para>IDEA provides special education and related services at public expense, meet state requirements, and are provided in conformity with the IEP</para></listitem>. The <inst></inst><listitem><parasubstantive standard is considered educational benefit.
Section 504 provides general or special education and related aids and services</para></listitem>, <inst></inst><listitem><para>requires a written education plan</para></listitem>. The <inst></inst><listitem><para>substantive standard is considered equivalencySection.
$\blacktriangleright$ IDEA <entry valign="top"><itemizedlist mark="bull" spacing="normal"><listitem><paStudents must be educated with peers without disabilities to the maximum extent appropriate;</para></listitem> <inst></inst><listitem><para>removal from integrated settings is only permitted when supplementary aids and services are not successful</para></listitem>. <inst></inst><listitem><para>Districts must have a continuum of placement available.
Section 504 Schools must ensure that the students are educated with their peers without disabilities.
$\blacktriangleright$ IDEA Provides protection in evaluation procedures and </para></listitem><inst></in<listitem><para>requires consent prior to initial evaluation and placement</para></listitem>. <inst></inst><listitem><para>Evaluation and placement decisions have to be made by a multidisciplinary team</para></listitem> and <inst></inst><listitem><para>requires evaluation of progress toward IEP goals annually and reevaluation at least every 3 years.
Section 504 Does not require consent; requires notice only. </para></listitem><ins</in<listitem><para>Requires periodic reevaluation and before </para></listitem>a significant change in placement.
$\blacktriangleright$ IDEA Has comprehensive and detailed notice requirements</para></listitem>. <inst></inst><listitem><para>Provides for independent evaluations</para></listitem>. Has <inst></inst><listitem><para>no grievance procedure</para></listitem>, but does allow for <inst></inst><listitem><para>impartial due process hearings.
Section 504 Has general notice requirements. Has a grievance procedure and </para></listitem>i
</i<listitem><para>impartial due process hearings
$\blacktriangleright$ IDEA Provides federal funding to assist educating students with disabilities.
Section 504 No federal funding is available.
$\blacktriangleright$ IDEA U.S. Office of Special Education Programs OSEP) can cut off IDEA funds)</para></listitem> and <inst></inst><listitem><para>complaints can be filed with state's department of education.
Section 504 Compliance monitoring is done by the SEA) and </para></listitem>c
<listitem><para>complaints can be filed with Office of Civil Rights OCR) can cut off all federal funding).