Special Education In Pennsylvania True/False

1.

All children with disabilities are entitled to special education and related services in Pennsylvania public schools.

A.

True
B.

False

Correct Answer
B. False

Explanation
In order to receive special education services a student must meet a two part test. First, the student must have a disability. Secondly, because of their disability they require specially designed instruction such as modifications to curriculum or delivery of instructions or other changes to the regular curriculum.

Students who have a disability who do not need alterations to the curriculum are still protected under the 504 regulations of the Rehabilitation Act and the Americans with Disabilities Act. For example, a student who uses a wheel chair may simply need the school facilities to be wheel chair accessible.

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2.

Children who are eligible for special education services are entitled to a free, appropriate public education (FAPE).

A.

True
B.

False

Correct Answer
A. True

Explanation
The federal law The Individuals with Disabilities Education Act protects this right for students with disabilities who need special education to access the general curriculum

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3.

Parents have a right to request a special education evaluation for their child at any time.

A.

True
B.

False

Correct Answer
A. True

Explanation
The only concern is that the same IQ test may only be given once a year. But academic tests, psychological tests or Functional Behavioral Assessments may given at any time.

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4.

A Local Educational Agency (LEA = school district, charter school, intermediate unit) must begin a special education evaluation upon parental request.

A.

True
B.

False

Correct Answer
B. False

Explanation
If the school disagrees that the student needs an evaluation they may refuse. However, the school must give the parent a NOREP explaining why they refuse to conduct the evaluation and the procedure safeguards.

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5.

Parents have a right to obtain an Independent Educational Evaluation (IEE) at public expense (no cost to the family) if they disagree with the LEA’s evaluation.

A.

True
B.

False

Correct Answer
B. False

Explanation
Parents may have an Independent evaluation done at their own cost. Sometimes schools will pay for an Independent evaluation, but the evaluator should be a licensed school psychologist and of similar costs of the local area.

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6.

An Individualized Education Program (IEP) embodies the special education program (goals, specially designed instruction, related services, etc.) that will be provided to an eligible child.

A.

True
B.

False

Correct Answer
A. True

Explanation
An IEP is similar to a contract for services. Try to be as specific as you need to be in this document for your child to receive FAPE.

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7.

While a parent of a student with a disability may request that the student’s IEP be changed in some respect, the final decision rests with the school.

A.

True
B.

False

Correct Answer
B. False

Explanation
Parents are an equal partner in the IEP process. All school staff together only have one vote, and the parents have the other vote when making decisions.

You have the right to say “NO and that you disagree” at any time to results of evaluations, where your child is placed, what goals your child is working on, and what type of supports and services your child receives… etc.

If the parent disagrees, they may use protections that are set in the law such as facilitated IEPs, mediation and due process hearings.

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8.

Special education students have a right to be educated in the Least Restrictive Environment (LRE).

A.

True
B.

False

Correct Answer
A. True

Explanation
The law leans toward favoring LRE. To find out more about a PA law suit against the PA Dept. of Education called the Gaskin Settlement. Go to pattan.net to read more. PA is currently in a five year phase to increase LRE in the state.

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9.

Children with disabilities can never be sent to non-public schools at public expense.

A.

True
B.

False

Correct Answer
B. False

Explanation
If the local school district cannot provide the services that a student needs, then, the student may attend an approved private school at public expense.

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10.

If the parents disagree with the LEA on any aspect of the evaluation, IEP and/or placement of their child, they must go to a special education due process hearing to resolve the dispute.

A.

True
B.

False

Correct Answer
B. False

Explanation
Students with disabilities who receive special education may be disciplined like other students if the behavior is not a result of the disability. If the student possesses a weapon, sells or buys drugs or causes serious physical harm, they may be suspended or expelled or placed in another program without consent of the parent.

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11.

*BONUS QUESTION: Special education students can be suspended, but can not be expelled from school.

A.

True
B.

False

Correct Answer
A. True

Explanation
Special education students can be suspended, but they cannot be expelled from school because they are protected by the Individuals with Disabilities Education Act (IDEA). This federal law ensures that students with disabilities receive appropriate educational services and supports. Expulsion, which involves permanently removing a student from school, is considered a more severe disciplinary action than suspension. Special education students have certain rights and protections under IDEA, including the right to a free and appropriate public education, and expulsion would infringe upon these rights. However, they can still face consequences for their behavior through suspensions, which are temporary removals from school for a specified period of time.

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