Law & Policy in Schools

Spring 2026

Volume 2, Issue 1

Seven articles providing school leaders with essential, defensible strategies for navigating the complexities of special education mandates, student constitutional rights, the evolving demands of parental opt-outs and more!

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In This Issue

Table of Contents

  1. Law & Policy Spotlight

    Beyond the Behavior: Unpacking the Manifestation Determination Mandate

    By Sarah S. Flournoy, J.D., Ed.D. & Elisabeth Krimbill, Ed.D.

    How does the MDR process reveal how school districts can protect student civil rights by accurately determining if misconduct is a direct result of a disability?

  2. Feature

    Common Section 504 Identification Misconceptions

    By Perry A. Zirkel, J.D., Ph.D.

    Readers will find a detailed breakdown of the legal criteria required for identification, helping to eliminate frequent errors regarding medical diagnoses and the "substantial limitation" standard.

  3. Case Brief

    Johnson v. Russell

    By Kevin P. Brady, Ph.D., & Christy L. Smith, Ed.D.

    This analysis of a recent Sixth Circuit case explores the legal risks of student strip searches and clarifies when school safety measures might violate constitutional protections against unreasonable seizure.

  4. Commentary

    Keep Your Name Out of the News and Yourself Out of Court

    By Walter H. Hart, Ed.D.

    Practical guidance in this piece helps educators safeguard their reputations by maintaining professional boundaries in social media use and adhering to mandatory reporting standards.

  5. Law & Policy Spotlight

    Parents' Rights and the Power to Opt Out: Implications of the Supreme Court’s Decision in Mahmoud v. Taylor

    By Christopher D. Thomas, J.D., Ph.D.

    Navigating the implications of Mahmoud v. Taylor, this feature examines the shift toward religious notice and opt-out requirements while offering strategies for maintaining inclusive classroom materials.

  6. Feature

    Crafting Quality Public School Cell Phone Policies that Support Student Learning Environments

    By Zach Pope, M.A.Ed., & Jeanne L. Surface, Ed.D.

    Investigating the move toward "bell-to-bell" bans, this article discusses how schools can mitigate the harms of constant digital connectivity to restore student focus and authentic social interaction.

  7. Commentary

    Say What You Score: Crafting Legally Defensible Evaluations

    By David L. Conrad, Ed.D.

    Improving the defensibility of teacher evaluations is the focus here, specifically through the use of objective evidence and a systematic framework that aligns performance narratives with numerical scores.

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