This document records testimony from a hearing before the Subcommittee on Early Childhood, Elementary, and Secondary Education that was held to discuss addressing the impact of COVID-19 on students with disabilities. For students with disabilities the problem is of equal education opportunity, and Federal law is grounded in a basic guarantee:…

The purpose of this paper is to explore privacy issues in online learning. This study shows that there are direct legal-related privacy issues, such as students' personal data and grades protected by the FERPA, and students' right to protect their privacy in the context of a public website. There are also some privacy issues which occurred in much…

AERA's 2017 Call for Proposals asks us to consider pathways to achieving equal educational opportunity. This presentation argues that homelessness is one critical issue often overlooked when considering such pathways. Nationwide, over 1.3 million students experienced homelessness in 2013 (National Association for the Education of Homeless Children…

While the field of educational data mining (EDM) has generated many innovations for improving educational software and student learning, the mining of student data has recently come under a great deal of scrutiny. Many stakeholder groups, including public officials, media outlets, and parents, have voiced concern over the privacy of student data…

Although education is primarily a state function, its importance to our society makes it fertile ground for litigation. The Constitution--by authorizing the Congress to enact legislation--constrains and prescribes what happens in schools. Legislative histories, especially since the early 1960s, are outlined here. The major topics include:…

Student records may be deemed quasi-public. They are public because some are required by law to be maintained by public officials; they are private because of the highly personal and sensitive subject matter sometimes contained in them. The Buckley Amendment was created with the idea of standardizing the framework in which universities and school…

Administering and supervising special education programs and personnel may be daunting tasks for school leaders. Students and families who warrant the access to special education services present unique and complex needs that make administrative decisions anything but universal and simplistic, especially in regards to foster care populations. The…

Distinctions must be made between the positive intent of certain legislation and the negative backlash which this legislation can create for those persons it is intended to help and protect. Recent laws have been passed, for example, requiring physicians to obtain a patient's consent before treatment can begin and to provide sufficient information…

The report examines case law in both Canada and the United States with respect to the integration of exceptional pupils into regular classrooms, with particular emphasis given to three concepts: mainstreaming, least restrictive environment, and maximum benefit. Analysis of American and Canadian jurisprudence finds that all exceptional children…

The individual rights of students as revealed in federal court decisions are surveyed and summarized. Following a brief outline of the overall judicial approach, using the Tinker vs. Des Moines Independent School District court case as an example, the document is arranged into two major parts. Part 1 examines compulsory attendance laws, dress and…

Privileged Communications refers to that information which belongs to the student, is shared with the counselor, and may be released only upon authorization by the student involved. This document seeks to identify states which have a stated communications privilege for school students and counselors. The report, which has complete information from…

A summary is presented of some of the ways that judicial decisions and laws have an impact on higher education and on public education. The sources of legal obligation that impose duties and responsibilities on teachers are discussed. These are: common law, contractual obligations, state laws, and federal laws. The legal definitions are given of…

The paper examines staff and parent advocacy training for special needs preschool and Head Start children. The author outlines the rights and responsibilities as stated in federal and state legislation, and the aspects of advocacy not usually considered, such as maximizing the resources to provide an appropriate program. Suggestions are given for…

Rural schools do not receive special compliance exemptions under the Individuals with Disabilities Education Act (IDEA). This paper examines the responsibilities of schools to students with disabilities, as outlined in IDEA regulations and court decisions, as well as implications for rural schools with limited funding and resources. Issues…

This paper reviews provisions of the Individuals with Disabilities Education Act (IDEA) and findings from court cases regarding behavioral intervention plans (BIPs) for students with disabilities. The following eight recommendations are provided for school districts as they strive to implement the behavioral intervention provisions of IDEA and…