Salvosa 1

Sidney John G. Salvosa

Ms. Leffler

TPCP 38

Annotated Bibliography: Law & Ethics

Barton, Steven. Felony Copyright Infringement in Schools. Brigham Young University

Education & Law Journal No. 1Mar. (1994) p. 143

The article discusses and analyzes felony copyright infringement in schools in the United States.

It includes elements of the felony offense, case law involving similar terms in both civil and

criminal violations, likely sentences for those who violate the statute, potential defendants in the

educational setting, and avoidance of felony liability in education. Copying as discussed in the

article is not limited to books and magazine articles. It includes computer software as well. It is

further mentioned that while copying for educational purposes is treated more leniently than

copying for other purposes, liability can still occur. Public school districts might be immune

from suit under the 11th amendment. Even if the district is immune, this immunity does not

protect teachers, employees, or students. Under the fair use doctrine, copying for educational

purposes is not an excuse, but is treated more leniently than copying for other purposes.

Helms, Lelia, Rosien, Jane. Intent V. Practice: Incentives and Disincentives for Child Abuse

Reporting by School Personnel. Brigham Young University Education & Law Journal

No. 1, Mar. (1993) p. 102

The authors examine the effects of the statutes and caselaw which encourage or discourage

reporting of child abuse by school personnel. The article also discusses how school personnel as

reporters of abuse and neglect in the home and as reporters of abuse within the school.

Furthermore, the article provides an analysis of cases addressing abuse committed in the house,
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federal and state legislative response to the societal problem of child abuse. One of the cases

discussed in the article was the criminal conviction of a school district administrator for failure to

report child abused which was eventually reversed. The authors, despite limited evidence,

showed that analysis of the caselaw appears to confirm many of the critiques of the child abuse

reporting statutes in educational settings.

Hinduja, Sameer, Patchin, Justin. Cyberbullying: A Review of the Legal Issues Facing

Educators. Preventing School Failure 55.2 (2011) p.71-78 Print.

The article addresses important and critical legal questions faced by school administrators.

School districts are often tasked of addressing prevalent problematic and inappropriate online

behaviors committed by students while simultaneously protecting themselves from civil liability

by not overstepping their authority. The law regarding these type of behaviors are so vague,

unclear, and continuously changing making it very hard for the school district administrators to

do their jobs. The authors intend to shed some light on these issues and help educators by

reviewing several legislative actions and court cases involving offline and online (including but

not limited to social media) student speech or expressions. Cases involving electronic harassment

and schools were also discussed in the article. The article also has suggestions on when can

educators intervene. Finally, the authors conclude by underscoring the challenges of balancing

legal guidance with humane consideration of the context and consequences of cyberbullying

victimization among youth.

Martin, Stacy, Zirkel, Perry. Identification Disputes for Students With Attention Deficit

Hyperactivity Disorder: An Analysis of the Case Law. School Psychology Review 40.3

(2011) 405-422. Print.

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The authors conducted this study to provide systematic analysis of published court decisions

concerning identification of students with attention deficit hyperactivity disorder under the

Individuals with Disabilities Education Act (IDEA) and Section 504 of the Rehabilitation Act.

There are 51 relevant rulings from 41 pertinent child find and eligibility court decisions, with the

majority being under the IDEA and in favor of school districts (ex. Rejecting eligibility and child

find). Other Health Impairment is the most frequent IDEA disability category at issue. Upon

examination of the court opinions, the authors found three variables that appeared to be notable

decisional factors: the presence of comorbid disorders, the results of high-stakes testing, and

previous implementation of accommodations and interventions. Following the 1999 recognition

of ADHD in the IDEA regulations, the frequency of relevant IDEA rulings and the proportion in

favor of parents increased.

Zirkel, Perry. RTI and Other Approaches to SLD Identification Under the IDEA: A Legal

Update. Learning Disability Quarterly 40.3 (2017): 165-173.

The author, Perry Zirkel, a University Professor Emeritus of Education and Law, Lehigh

University, discusses and provides a concise and objective synthesis of the federal legislation,

regulations, and agency interpretations; state laws; and case law, including hearing officer and

complaint investigation decisions, and the judicial rulings concerning specific learning disability

identification since the 2006 IDEA regulations in the article. The coverage extends to two

additional, marginal sources because although they do not have the binding force of law, they

play a gap-filling role due to their relatively high-frequency in relation to the limited court

decisions to date: (A) U.S. Dept. of Education policy interpretations and (B) hearing officer and

complaint investigation decisions under the IDEA. The results reveal wide latitude for school
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districts concerning the three approaches (severe discrepancy SD, response to intervention

RTI, and a research-based alternative pattern of strengths and weaknesses PSW).