CEC Legal Frameworks & Educational Law 2 — Questions and Answers
Question 1: What is the key difference between an IEP and a Section 504 plan?
- IEPs apply only to students with physical disabilities; 504 plans address learning disabilities exclusively
- IEPs provide specially designed instruction under IDEA; 504 plans provide accommodations without necessarily including specialized instruction (Correct answer)
- IEPs are written by parents; 504 plans are written by classroom teachers
- IEPs are voluntary; 504 plans are legally required for all students with disabilities
Correct answer: IEPs provide specially designed instruction under IDEA; 504 plans provide accommodations without necessarily including specialized instruction
An IEP under IDEA includes specially designed instruction as a core component, whereas a 504 plan focuses on accommodations and modifications to give a student equitable access without changing the curriculum.
Question 2: A 'prior written notice' under IDEA is best described as:
- A letter parents must send before requesting an IEP meeting
- Written notification schools must provide parents before proposing or refusing changes to a student's identification, evaluation, or placement (Correct answer)
- A warning issued to students before a formal disciplinary hearing
- Documentation required before placing a student in a gifted and talented program
Correct answer: Written notification schools must provide parents before proposing or refusing changes to a student's identification, evaluation, or placement
Prior written notice is a procedural safeguard under IDEA that keeps parents informed and allows them to exercise their rights before any significant educational decision is made about their child.
Question 3: The Americans with Disabilities Act (ADA) primarily differs from IDEA in educational contexts because:
- ADA applies only to students enrolled in colleges and universities, not K–12 schools
- ADA prohibits disability-based discrimination but does not mandate that schools deliver educational services (Correct answer)
- ADA requires schools to develop IEPs for all students with documented disabilities
- ADA supersedes IDEA whenever the two laws conflict
Correct answer: ADA prohibits disability-based discrimination but does not mandate that schools deliver educational services
The ADA is a broad civil rights law prohibiting discrimination; it does not independently require schools to provide special education services the way IDEA does.
Question 4: Under which condition may a school disclose student records without parental consent under FERPA?
- When a local employer requests academic transcripts for a minor student's part-time job application
- When a school official with a legitimate educational interest needs to review the records (Correct answer)
- When a neighboring school district asks about a student for general research purposes
- When law enforcement requests the records in connection with any investigation
Correct answer: When a school official with a legitimate educational interest needs to review the records
FERPA includes a 'school officials with legitimate educational interest' exception, allowing access without consent when the official's duties require it.
Question 5: The 'stay put' provision under IDEA protects students with disabilities by:
- Requiring students to remain in their current grade level until all IEP goals are met
- Keeping a student in their current educational placement while a due process dispute is being resolved (Correct answer)
- Preventing schools from changing a student's IEP more than once per semester
- Mandating that students with disabilities stay in self-contained classrooms until re-evaluated
Correct answer: Keeping a student in their current educational placement while a due process dispute is being resolved
The 'stay put' provision maintains the student's current placement status quo during dispute proceedings, protecting the student from unilateral school-initiated placement changes.
Question 6: Title IX of the Education Amendments of 1972 primarily prohibits:
- Disability discrimination in programs receiving federal financial assistance
- Sex-based discrimination in educational programs or activities receiving federal funding (Correct answer)
- Racial segregation in public elementary and secondary schools
- Age discrimination in adult and continuing education programs
Correct answer: Sex-based discrimination in educational programs or activities receiving federal funding
Title IX bars discrimination on the basis of sex in any education program or activity receiving federal financial assistance, covering areas such as athletics, admissions, and sexual harassment policies.
Question 7: Under the McKinney-Vento Homeless Assistance Act, students experiencing homelessness must be:
- Placed in specialized residential schools until housing is secured
- Enrolled immediately and allowed full school participation regardless of missing records or documents (Correct answer)
- Evaluated for special education services within 10 days of first attendance
- Assigned a dedicated counselor who coordinates with child protective services
Correct answer: Enrolled immediately and allowed full school participation regardless of missing records or documents
McKinney-Vento removes enrollment barriers such as missing immunization records or proof of residency so that homeless students can access education without delay.
CEC Legal Frameworks & Educational Law 2
What is the key difference between an IEP and a Section 504 plan?