Law & Policy in Schools

Fall 2026

Volume 2, Issue 3

Eight articles providing school leaders with essential, defensible strategies for navigating the complexities of student and teacher speech, special education evaluations, AI-generated deepfakes, misconduct investigations, and public records on personal phones, and our cover story on what the Supreme Court's B.P.J. decision allows, and what it leaves to states and schools!

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In This Issue

Table of Contents

  1. Cover Story

    Permitted, But Not Required: What School Leaders Need to Know After the West Virginia v. B.P.J. Supreme Court Decision

    By Brian J. Boggs, Ph.D., J.D.

    The Supreme Court said states may reserve girls' teams for biological females. It never said they must. Boggs explains what B.P.J. and Little v. Hecox actually decided and what they left open. He gives school leaders five questions to answer before revising any athletic policy, so that an eligibility decision doesn't become a judgment about a student's place in the school community.

  2. Voices from the Field

    Fact or Fiction: Recommendations for School Leaders Attempting to Distinguish Between Real Employee Misconduct and AI-Generated Deepfakes

    By Dr. Stephen M. Seedorf, Dr. J. Bradford Every, & Dr. Spencer C. Weiler

    A video surfaces of a respected teacher apparently admitting to years of testing fraud, and he says it's a deepfake. Using this scenario, the authors show how leaders can rely on familiar investigative practice alongside tech-based analysis: witness interviews, tracing the video's chain of custody, and corroborating evidence. The goal is to get the answer right while protecting due process.

  3. Law & Policy Spotlight

    Private Phone, Public Record: What Every Educator Needs to Know About Public Records and Litigation Discovery

    By Elisabeth Krimbill, Ed.D., & Christopher D. Thomas, J.D., Ph.D.

    Texting a parent from your personal phone doesn't make the message private. Krimbill and Thomas explain how litigation discovery and state public records laws can reach work-related communications on personal devices. They also offer practical habits for keeping school business on district channels.

  4. Law & Policy Spotlight

    Reclaiming Child Find: Why Professional Judgment and Data Must Drive Special Education Evaluations

    By Maritza Ortega Garcia

    In many districts, fear of litigation has turned Child Find into testing on demand. Ortega Garcia argues that this sidelines trained professionals and drives overidentification of multilingual and minoritized students. She makes the case for data-informed suspicion of disability, including where MTSS legitimately fits, and maps what courts have and haven't settled.

  5. Law & Policy Spotlight

    Beyond Compliance: Rethinking Seclusion and Restraint in Special Education

    By Brandie A. Wolsefer, Ed.D., MBA, & Luke Stedrak, Ed.D., MBA

    Students with disabilities make up 14% of U.S. students but 76% of those physically restrained. The authors review the evidence of harm and the federal and state legal framework, and explain why training alone hasn't reduced reliance on these practices. They point school leaders toward prevention systems, incident data review, and trauma-informed supports.

  6. Commentary

    Classroom Discussion & Legal Literacy: Navigating Teacher Speech Rights While Balancing Civic Participation and Development

    By Pamela Callahan, Ph.D., & Kelly Siegel-Stechler, Ph.D.

    A first-year teacher answered a student's question about a peace protest, and her contract wasn't renewed. Drawing on Mayer v. Monroe County Community School Corporation, the authors examine the limits of teachers' classroom speech. They argue that professional development, from principals, districts, and outside sources, is how teachers build the legal literacy to lead current-events discussions from knowledge rather than fear.

  7. Voices from the Field

    Elementary, My Dear Principal

    By Melissa M. Carleton

    Like it or not, school administrators are investigators. Carleton is an attorney who handles complex investigations in education settings. She offers six habits for investigating with care: know your process, follow it, provide updates, stay unbiased, weigh the evidence rather than your gut, and document everything.

  8. Commentary

    Substantial Disruption: What Are the Limits Applied to Student Speech?

    By Elisabeth Krimbill, Ed.D.

    When does student expression cross the line from uncomfortable to disruptive? Krimbill revisits Tinker and its narrow exceptions under Fraser and Morse, and tests readers with six real-world scenarios. She closes with best practices on viewpoint neutrality and off-campus speech.

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