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ERIC Number: EJ1191650
Record Type: Journal
Publication Date: 2018
Pages: 9
Abstractor: As Provided
ISSN: ISSN-0936-2835
Confidentiality for Students with Disabilities: Liability Cases
A. Zirkel, Perry
Exceptionality, v26 n4 p209-217 2018
After an introductory legal framework based on the Family Educational Rights and Privacy Act, this article canvasses the court decisions concerning liability for disclosures of confidential information about students with disabilities. The relatively few court decisions illustrate the wide variety of disclosures, including (a) those to the media, other students, and private providers; (b) the range of federal and state bases, such as Section 1983 civil rights claims based on the constitutional right to privacy; and (c) the judicial outcomes of these claims, which have been strongly skewed in favor of the school side, especially for the institutional rather than individual defendants. Yet, other compelling interests, including the need for educational environment that values human dignity and psychological safety, merit higher consideration in terms of prudent professional policies and practices.
Routledge. Available from: Taylor & Francis, Ltd. 530 Walnut Street Suite 850, Philadelphia, PA 19106. Tel: 800-354-1420; Tel: 215-625-8900; Fax: 215-207-0050; Web site:
Publication Type: Journal Articles; Reports - Descriptive
Education Level: N/A
Audience: N/A
Language: English
Sponsor: N/A
Authoring Institution: N/A
Identifiers - Laws, Policies, & Programs: Family Educational Rights and Privacy Act 1974; Individuals with Disabilities Education Act; Rehabilitation Act 1973 (Section 504)