Abstract
ABSTRACTAfter 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.
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