Lynn M. Daggett, J.D., Ph.D.

Law Review Articles

• Admission of evidence in Title IX Sexual Misconduct Hearings, 52 Seton Hall Law Review 1-57 (2021)
• Student privacy in the new Title IX sexual misconduct formal complaint process, 50 Journal of Law and Education 64-112 (2021)
• Female Student Patient ‘Privacy’ at Campus Health Clinics: Realities and Consequences, 50 University of Baltimore Law Review 77-153 (2020) (symposium issue for conference on Applied Feminism and Privacy)
• The myth of student medical privacy, 14 Harvard Law & Policy Review 77-153 (2020)
• Reasonable Supervision of Special Students: The Impact of Disability on School Liability for Student Injury, 43 Journal of Law and Education 303-366 (2014)
• Minor Adjustments and Other Not-So-Minor Obligations: Section 504, Private Religious K-12 Schools, and Students With Disabilities, 52 University of Louisville Law Review 301-331 (2014)
• Reasonable Supervision in the City: Enhancing the Safety of Students with Disabilities in Urban (and Other) Schools, 41 Fordham Urban Law Journal 499-556 (2013)
• Book ‘em?: Navigating Student Privacy, Disability, and Civil Rights and School Safety In the Context of School-Police Cooperation, 45 Urban Lawyer 203-233 (2013)
• FERPA in the Twenty-First Century: Failure to Effectively Regulate Privacy for All Students, 58 Catholic Law Review. 59-113 (2008)
• Student Privacy and the Protection of Pupil Rights Act as Amended by No. Child Left Behind, 12 UC Davis Journal of Juvenile Law and Policy, 1-71 (2008)
• All of the Above: Computerized Exam Scoring of Multiple Choice Items, 57 Journal of Legal Education, 391-422 (2007)
• No Children in Private Schools Left Behind: State Anti-discrimination Laws and Compulsory Education 26 Children’s Legal Rights Journal., 56-81 (2006)
• Doing the Right Thing: Disability Discrimination Claims and Academically Dismissed Students, 32 Journal of College and University Law, 505-577 (2006)
• (Lynn M. Daggett, Perry A. Zirkel, and LeeAnn L. Gurysh) For Whom the School Bell Tolls But Not the Statute of Limitations: Minors and the Individuals with Disabilities Act,38 University of Michigan Journal of Law Reform, 717-780 (2005)
• Special Education Attorney’s Fees: of Buckhannon, the IDEA reauthorization bills, and the IDEA as civil rights statute, 8 UC Davis Journal of Juvenile Law and Policy, 1-54 (2004)
• (Lynn M. Daggett and Dixie Snow Huefner) Recognizing Schools’ Legitimate Educational Interests: Rethinking FERPA’s Approach to the Confidentiality of Student Discipline and Classroom Records, 51 American Law Review, 1-48 (2001)
• Teaching torts by integrating ethical, skills, policy and real world issues, and using varied pedagogical techniques: Reflections on using the Henderson, Pearson and Siliciano casebook, 25 Seattle Law Review, 63-87 (2001)
• (Dixie Snow Huefner and Lynn M. Daggett) FERPA Update: Balancing Access to and Privacy of Student Records, 152 Education Law Reporter, 469-491 (2001)
• Bucking up Buckley I: Making the Federal Student Records Statute Work, 46 Catholic Law Review, 617-670 (1997)
• Bucking up Buckley II: Using Civil Rights Claims to Enforce the Federal Student Records Statute, 21 Seattle Law Review, 29-67 (1997)
• Comment, Legal Rights of Gifted Students: Special Education Law at the “Other End,” 19 Connecticut Law Review 143, Fall 1986

Book Chapters

• “Torts.” 2020 Yearbook of Education Law 123-151 (2020)
  

• “Torts.” 2019 Yearbook of Education Law (2019)
  

• Lynn Daggett and Robert Hacihya.  “Torts.”  2018 Yearbook of Education Law 113-137 (2018)

• “Special Education and Students in Nonpublic Schools.”  Legal Issues of Faith-based and Other Nonpublic Schools 223- 261 (7th ed. 2018)

• (with Ralph Mawdsley and James Mawdsley) “Employees.” 2017 The Yearbook of Education Law 23-62 (Education Law Association 2017) 
• (with Patrick Pauken) “School Governance.”  The Yearbook of Education Law 2016 35-61 (Education Law Association 2016)
• The New FERPA Regulations and Other Current Issues in Student Privacy, Critical Issues In Educational Law and Policy, 29-40, (Lexis-Nexis 2009)
• FERPA, PPRA, and other Student Privacy Issues in a Post-9/11 World, in Critical Issues in Education Law and Policy, 133-140 (Lexis-Nexis 2007)

Other Publications/Conference Proceedings

• “Educator Letters of Recommendation for Students: Tort Liability and Other Legal Issues.” Proceedings of the 2021 Annual Conference of the Education Law Association (28 pages).
• “Student privacy in the new Title IX sexual misconduct formal complaint process.” Proceedings of the 2020 Annual Conference of the Education Law Association (25 pages).
• “Another Look at Educational Malpractice Claims.”  Proceedings of the 2018 Annual Conference of the Education Law Association (26 pages).
• “Privacy and Student Sexual Assault.” Proceedings of the 2017 Annual Conference of the Education Law Association (33 pages).
• “Education and Special Education Law for Criminal Defense Attorneys.” Proceedings of the 2017 Annual Conference of the Montana Public Defenders (15 pages).
• “Current developments in parent participation rights and the role of parent preferences under the IDEA.” Proceedings of the 2012 Annual Conference of the Education Law Association (16 pages). 
• Sharing Student Information with Police: Balancing Student Rights with School Safety: Proceedings of the 2012 American Bar Association Section on State and Local Government Education Law Symposium (22 pages)
• Current developments in parent participation rights and the role of parent preferences under the IDEA: Proceedings of the 2012 Lehigh University Special Education Law Institute (13 pages)
• Remedies for IDEA Violations: Proceedings of the 2012 Lehigh University Special Education Law Institute (17 pages)
• Sharing Student Information With Police: Proceedings of the 2011 Annual Conference of the Education Law Association (18 pages)
• Evidentiary Arguments in Proceedings That Are Not Governed By the Rules of Evidence, WSBA Litigation Section Newsletter (2010)
• School District Tort Liability for Injuries to Special Education Students: Proceedings of the 2010Annual Education Law Association Conference (35 Pages 2010)
• FERPA and Student Privacy 2009: New Regulations, Old Problems?: Proceedings of the 2009 Annual Education Law Association Conference (22 pages 2009)
• Subpoenas of and Public Records Requests for Student Information: Proceedings of the Annual Conference of the Education Law Associations (20 pages 2008)
• FERPA Update 2007: Proceedings of the Annual Conference of the Education Law Association (13 pages)
• Statistics as an Aid in Interpreting Exam Results and Assigning Letter Grades: Proceeding of the Gonzaga Institute for Law School Teaching 2007 Annual Conference (24 pages)
• The Case for State Protection of Private School Students from Discrimination. Proceedings of the 2006 AALS Annual Meeting Education Law Section
• No Parent Rights Left Behind? NCLB’s Expansion of the Protection of Pupil Rights Act (PPRA). Proceedings of the 2004 Education Law Association Annual Conference
• Section 1983 Civil Rights Claims in 2003: Violations of Federal Statutes After Gonzaga, Attorney Fees After Buckhannon, and Viable Defendants Under the Eleventh Amendment. Proceedings of the 2003 Education Law Association Annual Conference (2003)
• Attorney Fees under the IDEA: Buckhannon and Other Recent Rulings on the Availability of Attorney Fees in IDEA Actions – What are Some Cost-effective Strategies. Proceedings of the Twentieth Annual Pacific Northwest Institute on Special Education and the Law at 239-267 (2003)
• Special Education Law: the Basics of the IDEA. Proceedings of the 2003 Washington School Law Academy at B1-B28, 2003
• Section 1983 Civil Rights Claims: A Survey of Civil Rights Claims under 42 U.S.C. §1983 – Discussion of Gonzaga and Buckhannon, and possible 11th Amendment Immunity for Washington Public Schools. Proceedings of the 2003 Washington School Law Academy at 238-260, 2003
• FERPA Update 2002: Two New Supreme Court FERPA Cases and Post-9/11 Congressional Balancing of Student Privacy and Safety Interests. Proceedings of the 2002 Education Law Association Annual Conference at 255-269, 2002
• Overview of the Washington Child Abuse and Neglect Reporting Act and obligations of witnesses to crimes. Proceedings of the 2002 Washington School Law Academy at 213-239, 2002
• Basics of Tort Law for Washington School Districts. Proceedings of the 2002 Washington School Law Academy at C1-C31, 2002
• Learning Theory and Choice of Instructional Methods: Why Using a Variety of Instructional Methods in Law School Class is a Three “Fer”, AALS Annual Meeting, New Orleans, Louisiana, January 2-6, 2002
• School Employee Records: Access, Confidentiality, Accuracy and Liability.Learning theory and choice of instructional methods: Why using a variety of instructional methods in law school classes is a Three ‘Fer.” Proceedings of the 2002 Association of American Law Schools Annual Conference.
• Confidentiality and Schoolhouse Records: Privacy Rights of Students and Employees. Proceedings of the 2001 Washington School Law Academy at 235-271, 2001
• (Lynn M, Daggett & Dixie Snow Huefner) Student Records: Access and Confidentiality Issues in K-12 and Higher Education Settings. Proceedings of the 2000 Education Law Association Annual Conference at Daggett and Huefner 1-15, 2000
• Special Education Law: The Basics of the IDEA. Proceedings of the 2000 Washington School Law Academy at B1 – B28, 2000
• Private School Students and the IDEA. Proceedings of the 16th Annual Pacific Northwest Special Education Law Institute at 259-278, 1999.
• Reasonable Accommodation of Disabled Employees and Students. Proceedings of the 1999 Washington School Law Academy at 249-264, 1999
• Related Services, Medically Fragile Students, and Residential Placement. Proceedings of the 14th Annual Pacific Northwest Special Education Law Institute at 229-246, 1997
• Basics of Special Education Law. Proceedings of the 1997 Washington School Law Academy at B1-B17, 1997
• Regular Education Rights and Responsibilities when Disabled Students are Included in Their Classes. Proceedings of the 1997 Washington School Law Academy at 39-58, 1997
• Washington’s Mandatory Child Abuse Reporting Statute. Proceedings of the Thomas More Scholars Annual Public Service Conference at Daggett 1-Daggett 8, 1997
• Overview of Student Records Laws. Proceedings of the National Organization of Legal Problems in Education Annual Conference at 354-375, 1996
• Parents’ Right to Know, Inspect and Delete Education Records: an overview of the Buckley Amendment as Modified for Special Education Practice. Proceedings of the 13th Annual Pacific Northwest Special Education Law Institute at 57-80, 1996
• Religion and Schools. Proceedings of the 1996 Washington School Law Academy at A1-A14, 1996
• Schools’ Rights and Responsibilities Regarding Violent Students. Proceedings of the Thomas More Scholars Annual Public Service Conference at E1-E25, 1996
• Marital Status Discrimination: A Sleeping Tiger. Proceedings of the Stetson Law School Annual Labor and Employment Law Conference at Daggett 1-21, 1996
• Discussion Techniques in the Law School Classroom. Proceedings of the 1995 Conference of the Institute for Law School Teaching at Daggett 1-45, 1995
• Least Restrictive Environment Requirements under the IDEA. Proceedings of the 1995 Washington School Law Academy at 363-383, 1995
• Effective Discussion Techniques for Law School Classrooms. Proceedings of the 1994 Institute for Law School Teaching Annual Conference at Daggett 1-23, 1994
• Special Education Law for the ’90’s: Least Restrictive Environment, Behavior Management Through Aversives, and Discipline. Proceedings of the Thomas More Scholarship Program Annual Public Service Conference at D1-D14, 1992

Selected Recent Presentations

• “Student references: Tort liability and other legal issues.” Annual Conference of the Education Law Association. October 2021.
• “Gender and student medical privacy.”  Annual conference of the Center for Applied Feminism.  April 2021.
• “Student privacy in the new Title IX sexual misconduct formal complaint process.”  Annual Conference of the Education Law Association. November 2020.
• “Religious Discrimination, Reasonable Accommodations, Conscience Laws, and Public Accommodations Rights of Health Care Employees and Patients.“ Spokane, WA.  Law-Medicine Partnership.  February 2019. 

• “Another Look at Educational Malpractice Claims.”  Cleveland, OH.   Annual Conference of the Education Law Association.  November 2018.

• “Faith, Law and Health Care Providers.” Spokane, WA. Interfaith Healthcare Conference. Washington State University, Eastern Washington University, Spokane Community Colleges, Gonzaga University, North Idaho College, University of Washington. February 2018.

• “Privacy and Student Sexual Assault.” San Diego, CA. Annual Conference of the Education Law Association. November 2017. 
• “A More Nuanced Look at #TakeAKnee .” Spokane, WA. Gonzaga Law School panel. October 2017.
• “Effective Use of the School Attorney and Current Issues in School Law.” Spokane, WA. Gonzaga University School of Education. October 2017.
• “Education and Special Education Law for Criminal Defense Attorneys.” Missoula, MT. Annual Conference of the Montana Public Defenders. October 2017.
• “Overview of Relevant Education Laws.”  Spokane, WA. Youth In Crisis Continuing Legal Education Program sponsored by Spokane County Bar Association and Thomas More Scholars.  March 2016.
• “Annual McCleary Presentation and Discussion.”  Spokane, WA.  Public Lecture Sponsored by Gonzaga University School of Law and School of Education.  November 2015
• “Tenure-track and tenured faculty at nonunionized universities and the NLRA” Washington, D.C. Annual Conference of the Association of American University Professors.  June 2015
• “McCleary: A Case Study of Washington’s School Funding Responsibilities.”  Spokane, WA.  Public Lecture Sponsored by Gonzaga University School of Law and School of Education.  November 2014
• “Sharing Student Information with Police: Balancing Student Rights with School Safety.” Kansas City, MO. American Bar Association Section on State and Local Government Education Law Symposium.  October 2012
• “Current developments in parent participation rights and the role of parent preferences under the IDEA.” Bethlehem, PA. Lehigh University Special Education Law Institute.  June 2012
• “Remedies for IDEA Violations.” Bethlehem, PA. Lehigh University Special Education Law Institute.  June 2012
• “Sharing Student Information With Police,” Chicago, IL. Annual Conference of the Education Law Association.  November 2011
• “School District Tort Liability for Injuries to Special Education Students” Education Law Association Annual Conference in Vancouver, BC. November, 2010
• “Effective student evaluation: Setting evaluation goals, Choosing among (essay and multiple choice) format options, Writing Questions, Grading student answers, and Being transparent with students.” Boston, MA. Workshops presented to the faculty at New England School of Law. October 2010
• “FERPA and Student Privacy 2009: New Regulations, Old Problems?” Education Law Association Annual Conference in Louisville, Kentucky
• The ABC’s of School Law – Special Education (IDEA and Section 504) and FERPA, Spokane County Bar Association’s Juvenile Law CLE, May 15, 2009
• “Subpoenas of and Public Records Requests for Student Information,” Education Law Association Annual Conference, San Antonio, Texas, November 22, 2008
• “FERPA Update 2007” The Education Law Association Annual Conference, San Diego, Calif., November 18. 2007
• “Statistics as an aid in interpreting exam results and assigning letter grades.” Gonzaga Institute on Law School Teaching Institute Annual Conference. Boston, Mass, June 9, 2007
• “Student Privacy Developments.” 5th Commonwealth Education Law Conference, sponsored by the Virginia Commonwealth University’s Commonwealth Education Policy Institute. Williamsburg, Virginia, April 18, 2007