EDF 6325: Quiz Reviews Exam Questions And Correct Detailed Answers.

All states have educational mandates in their constitution. - correct answer True The _________ Amendment to the Constitution has become the legal basis for special education. - correct answer 14th Unless an appellate court finds a procudural problem or bias in a trial court's fact-finding process, the facts as determined by the trial court do not change. - correct answer True Which of the following does not have the force of the law? a. U.S. Supreme Court decision b. Federal regulations c. Federal statutes d. Federally issued policy statements - correct answer D. Federally issued policy statements The largest source of health care coverage is - correct answer ERISA For fully funded insurance policies, which of the following statements are correct? a. Only state mandates may apply b. Only federal laws may apply c. Both state mandates and federal laws may apply d. None of the above - correct answer C. Both state mandates and federal laws may apply Which of the following is not important when reading a state's insurance mandate? a. Knowing what plans must cover. b. Terms and conditions of coverage. c. Date of Payment. d. Who can provide? - correct answer C. Date of payment The ability of a well-reasoned court decision to influence decisions of courts in different jurisdictions is: - correct answer Persuasive authority The U.S. Supreme Court is known as "the court of last resort". - correct answer True Which of the following levels of courts has the power to deny appeals in special education lawsuits? a. State Educational Agency b. Federal District Court c. U.S. Courts of Appeals d. U.S. Supreme Court - correct answer D. U.S. Supreme Court In Wit v. UBH, the court stated that generally accepted standards of care have achieved widespread acceptance among behavioral health professionals. Which of the following is not one of the multiple sources the court listed? a. Consensus guidelines from professional organizations b. The American Bar Association Handbook c. Guidelines and materials distributed by government agencies d. Peer reviewed studies - correct answer B. The American Bar Association Handbook The resources used to facilitate the legal research process are: - correct answer Primary sources, finding tools and secondary materials Which of the following is a "red-flag" for NQTLS when reviewing a policy for mental health parity? a. Treatment plan requirements b. Parent participation requirements c. Conditioning coverage on the likelihood of improvement within a set time period d. All of the above - correct answer D. All of the above The first step to legal research is: - correct answer Analyzing the problem Supreme Court decisions are published in the reporter abbreviated F. Supp. - correct answer True In the citation 300 F.2d 95 (4th Cir. 1986) the level of the court is: - correct answer U.S. Court of Appeals If you were researching decisions of the Supreme Court, you would look in which reporter: - correct answer United States Reports Law articles found on the internet may not be as accurate as those found in law journals because: - correct answer They are not peer-reviewed If a citation contains C.F.R. it is: - correct answer A regulation This research tool will help you find recent interpretations of cases by subject: - correct answer The annotated codes It was primarily the efforts of _________________ that educational rights for children with disabilities were recognized and eventually mandated. - correct answer Parents Medicaid eligibility can be based either on income or disability. - correct answer True What two disability categories were added with the Individuals with Disabilities Education Act of 1990? - correct answer Autism and TBI Medicaid Early Periodic Screening Diagnosis and Treatment Coverage (EPSDT) coverage is for all Medicaid eligible children under the age of 21. - correct answer True K.G. v. Dudek (Fla. 2013) held which of the following? a. Exclusion of ABA violated Medicaid Early Periodic Screening Diagnosis and Treatment Coverage (EPSDT) mandate. b. ASD services must be provided under Medicaid Early Periodic Screening Diagnosis and Treatment Coverage (EPSDT. c. Medicaid agency policy limiting disabled children to occupational, speech, and audiological services provided by local school districts violated Medicaid Early Periodic Screening Diagnosis and Treatment Coverage (EPSDT). d. Medicaid agency required to make available ABA services provided and supervised by BCBAs. - correct answer A. Exclusion of ABA violated Medicaid Early Periodic Screening Diagnosis and Treatment Coverage (EPSDT) Which of the following is not a "red flag" in Medicaid coverage? a. Imposing limits on hours at levels below general standards of care and requiring additional authorization to exceed those levels. b. Overly burdensome or restrictive prior authorization requirements. c. Providing ABA medically necessary services. d. Attempts to impose "fail first" or step therapy regimes before providing recommended ABA treatment. - correct answer C. Providing ABA medically necessary services The CMS Bulletin of July 7, 2014, stated ABA is a coverable service and must be provided when medically necessary. - correct answer True Which agency is responsible for approving states' special education plans and releasing IDEA funds accordingly? a. Federal Disabilities Commission b. Office of Special Education and Rehabilitative Services c. Each applicant state's Department of Education d. The Council for Exceptional Children - correct answer B. Office of Special Education and Rehabilitative Services An IEP is a legally constituted mechanism for committing a school to provide special education services, and a teacher can be held legally accountable if the student does not reach the goals listed on the IEP. - correct answer False Section 504 and the Individuals with Disabilities Education Act only serves persons with disabilities between the ages of three to 21. - correct answer False ABA coverage is guaranteed in all states as an essential health benefit under the Affordable Care Act. - correct answer False In Fry v. Napoleon Comm. Sch. Dist. (2017) the court held that the Plaintiff did not have to exhaust her remedies under IDEA, because the school systems refusal to allow her child to have a prescribed service dog in school violated her rights under §504 of the federal Rehabilitation Act. - correct answer True The IDEA does not require that states provide special education services to students identified as: - correct answer Gifted and talented An IEP is a legally constituted mechanism for committing a school to provide a special education, and a teacher can be held legally accountable if: - correct answer Modifications and accommodations were not provided IDEA mandates that students with disabilities are to be educated with their peers without disabilities: - correct answer To the maximum extent appropriate for that student IDEA contains procedural safeguards that consist of how many components: - correct answer 4 When parents or the school disagree about identification, evaluation, placement, or any other matters pursuant to IDEA, they may request - correct answer A due process hearing IDEA extends coverage to infants and toddlers: - correct answer In part C If a student is placed out of the school district by his or her home school district, who assumes financial responsibility for the education of the student? - correct answer The home district The ADA primarily focuses on employment and public services. - correct answer True With the Individuals with Disabilities and Education Act (1997), Congress updated the nature and goals of an appropriate education under the IDEA requiring the design of Individualized Education Plans (IEP) to meet children with disabilities. In addition, congress recognized the potential of assistive technologies to increase classroom access for children with disabilities. - correct answer True The IEP must: a. Assess relevant functional, developmental and academic information about the child b. Include a clear statement of "measurable annual goals" c. Be carefully tailored to the particular needs and abilities of each child. d. All of the above - correct answer D. All of the above An Independent Educational Evaluation is limited to evaluating a child's academic or cognitive skills. - correct answer False A child with disabilities who needs related services but does not require special education is protected under which of the following - correct answer Section 504 The FAPE mandate requires the student's special education program: a. be provided at public expense b.