Michael Imber

Educational Reforms can Reproduce Societal Inequities: A Case Study

Although critical theorists in educational administration have recently contended that administrative practices play an important role in the reproduction of societal inequities, little research has been done to show how this actually occurs in schools. This article addresses that lack by reporting a case study illustrating how one school districts reform efforts replicate the unequal distribution of knowledge, power, and resources by race and class that often occurs in society. The article begins with a critical discussion of the three dominant paradigms in educational organization change theory -functionalism, culturalism, and critical theory -and ends with practical suggestions about how the school district could have more equitably proceeded with its reform efforts.

A Statistical Analysis of Trends in Education-Related Litigation Since 1960

In the past decade, educators have become increasingly aware of the effect of litigation on educational policy, budgeting, and staffing. This study analyzed rates of change in education-related litigation from 1960 to 1986. It found that litigation climbed steeply until 1977 (compared with the growth in number of educators, however, the growth in litigation was modest), but decreased in the last decade. The study also compared litigation growth rates in law, medicine, and civil service with those in education.

Developing a Typology of Litigation in Education and Determining the Frequency of Each Category.

This article reports the findings of a research project designed to contribute both qualitatively and quantitatively to understanding the magnitude and variety of litigation in education. The first section presents a typology of lawsuits against schools with categories designed to reflect the reality of educational practice. The second uses a computer data base search to determine which categories of litigation have been increasing over time and which have been decreasing in recent years. The next section uses a survey of school district litigation experience to determine which areas of educational practice entail the greatest exposure to potential litigation. The final section discusses implications of the findings for the practice of preventive law.

Pervasive Myths in Teacher Beliefs about Education Law

Abstract This article explores common misbeliefs and misconceptions that many teachers have about the law of education, focusing on those that have the greatest potential to cause harm to schools, students, and teachers themselves. The myths fall into three categories: Myths concerning the legal vulnerability of schools and teachers, myths concerning the rights of students, and myths concerning the rights of teachers. The major assertions of the article are that many teachers significantly overestimate the likelihood that their school or they personally will be sued by a student; that teachers often fail to recognize the constitutional rights of their students, even as they overestimate the right of parents to control their childrens educational programs; and that teachers tend to have an exaggerated view of the protections afforded by academic freedom and “tenure.” The article concludes with a discussion of possible ways to dispel some of the myths.