Test 2

Question 1

What is section 504

Answer 1

Section 504 of the Rehabilitation Act of 1973 is a civil rights legislation that prohibits discrimination against pupils with disabilities in school systems receiving federal assistance.

Question 2

What does section 504 focus on?

Answer 2

This section specifically focuses on accommodations to schooling environment, rather than both accommodations and modifications (no IEP or plans; modifications = changes to the academic requirements/program). Schools are required to provide an “appropriate” education comparable to students without disabilities (under FAPE). Although they may not receive sp. Ed. services, they may receive related services

Question 3

What is the funding for section 504?

Answer 3

state and local jurisdictions have responsibility but receive no funding

Question 4

Who is eligible for section 504?

Answer 4

any person who has (1) has physical or mental impairments that limits one or more life activities (2) has a record of such an impairment or (3) is regarded as having such an impairment (i.e. in walking, breathing, seeing, speaking, learning etc)

Question 5

What is IDEA?

Answer 5

Individuals with Disabilities Education Act (IDEA) is an education act to provide federal assistance to State and local agencies to guarantee sp. Ed. and related services to eligible children with disabilities

Question 6

What does IDEA focus on?

Answer 6

This section specifically focuses on both accommodations and modifications to the schooling environment as well as to the academic curriculum

Question 7

What is the funding for IDEA?

Answer 7

Funding: federal funds are provided to assist state and local education agencies in meeting IDEA requirements for youth with disabilities

Question 8

Who is eligible for IDEA?

Answer 8

Eligibility: students with one or more of 13 specific categories of disability and who need special education and related services

Question 9

What is ADA?

Answer 9

American with Disabilities Act of 1990 (ADA) a civil rights law to prohibit discrimination solely on the basis of disability in employment, public services, and accommodations

Question 10

What does ADA focus on?

Answer 10

This section specifically focuses on students entering the work sphere.

Question 11

What is the funding for ADA?

Answer 11

no federal funding is provided. However, limited tax credits may be available for removing architectural or transportation barriers,

Question 12

What is the eligibility for ADA?

Answer 12

any individual who (1) has a physical or mental impairment that limits one or more life activities (2) has a record of such an impairment (3) is regarded as having such an impairment

Question 13

What is FERPA?

Answer 13

The Family Educational Rights and Privacy Act (FERPA) is a federal law that protects the privacy of student education records, and access to those records.

Question 14

Under FERPA, education records are defined as:

Answer 14

any records maintained by the schools that directly relate to the student, except for sole possession records and directory information that would not be considered harmful if released.

Question 15

Describe “eligible students” “sole posession notes” and “directory information.

Answer 15

• FERPA gives parents certain rights with respect to their children’s education records. These rights transfer to the student when he or she reaches the age of 18 or attends post secondary education. Students to whom the rights have transferred are called “eligible students.”
• Parents or eligible students have the right to inspect and review the student’s education records maintained by the school. Schools are not required to provide copies of records unless, for reasons such as great distance, it is impossible for parents or eligible students to review the records. Schools may charge a fee for copies.
  Parents or eligible students have the right to request that a school correct records which they believe to be inaccurate or misleading. If the school decides not to amend the record, the parent or eligible student then has the right to a formal hearing.
• Generally, schools must have written permission from the parent or eligible student in order to release any information from a student’s education record. However, FERPA allows schools to disclose those records, under certain circumstances. Some examples include disclosing to appropriate officials in case of health and safety concerns, to state and local authorities within a juvenile justice system, or to another school to which a student in transferring.
  *Schools may disclose, without consent, “directory” information that would not be considered dangerous if released. Schools must allow parents and eligible students a reasonable amount of time to request that the school not disclose directory information about them. Schools must notify parents and eligible students annually of their rights under FERPA. The actual means of notification is left to the discretion of each school. Sole possession (private) notes are not required to be released (unless they are subpoenaed by law). When considering sole possession notes, it is also important to understand that once these notes are disclosed, they technically cease to be treatment records and are now considered educational records.

Question 16

What is the NCLB?

Answer 16

The No Child Left Behind Act act of 2001 (NCLB) is a federal program that allows individual states to design the programs and procedures that meet the requirements. The purpose of the NCLB is to increase accountability in education. The intention of the act is to provide all students with a fair, equal, and significant opportunity to obtain a high-quality education. Some examples of what is expected under the NCLB include:

Question 17

What are three requirements under NCLB?

Answer 17

• Under the NCLB, schools must conduct annual assessments to determine how well the schools are improving students’ academic achievement to meet state standards. These assessments are very standardized and even include the testing of subgroups such as limited english proficiency, students with disabilities, and students whose families meet low-income requirements.
• School are required to send out “report cards” on teacher quality and school performance to parents and the public.
• Districts must implement policies that allow students to transfer if they have been victims of violent crime at their original school or if their original school is considered to be persistently dangerous. This is supposed to encourage schools to develop anti-bullying and other programs to reduce violence. They can also transfer if their school is designated as “in need of improvement.” This is to ensure that all students have a fair shot at a good education, and if they go to a school that cannot provide them one, they can transfer to a better school.

Question 18

What is FAPE

Answer 18

Free Appropriate Education (FAPE) is an educational right of children with disabilities in the U.S that is guaranteed by section 504 of the Rehabilitation Act and IDEA. It requires that children with disabilities be offered a free appropriate public education in the least restrictive environment.

Question 19

What are 3 examples of how FAPE might be achieved?

Answer 19

• Providing extended school year services to children with disabilities if they are necessary to ensure an appropriate public education for a child.
• Providing assistive technology devices and services to children with disabilities to ensure they have the same appropriate public education opportunities as the other children.
• Schools must take reasonable steps to prevent bullying and harassment of students with disabilities to ensure an appropriate public education for the child.

Question 20

How does NCLB, FAPE and FERPA impact the role of school psychologists?

Answer 20

All three of these impact the role of school psychologists in many ways. It is vital that school psychologists understand each of them in order to do their job effectively. If a school psychologist does not know what the law requires under FERPA, they could release information that should not be released, or refuse to release information that can be released, and cause legal issues for him/herself and the school. For example, a school psychologist must know that under FERPA, test protocols must be released to the student’s parents if requested. They might be careful with the notes they write on the protocols, and instead write private notes on another paper that will not be shown to anyone else and be considered sole possession notes. School psychologists might also explain to the parent that not much information can be gathered by the test protocol alone, but still respect the law and discuss the information if it requested. Under the No Child Left Behind act, it is important that school psychologists understand the requirements so that they can best consult and collaborate with faculty and choose the most effective interventions for children in order to ensure that they are not falling behind. A school psychologist plays a huge role in helping make sure they schools meet assessment requirements and state expectations. In order to ensure that a free and appropriate public education is offered, school psychologists must consider several factors, including whether IDEA-part B procedures were followed in developing the IEP and whether the IEP is consistent with the intent of the law.