Table Of ContentA Teacher’s Guide to Education Law
Fourth Edition
This clearly written text, which is adapted from its parent volume, Education Law, 4e,
provides a concise introduction to topics in education law that are most relevant to teach-
ers. The greater the likelihood of litigation or error in a particular area of professional
practice the more extensive the discussion. Topics concerning teacher relationships with
their students include: student rights, discipline, negligence, discrimination, and special
education. Topics concerning teacher relationships with their employers include: teacher
rights, hiring and firing, contracts, unions, collective bargaining, and tenure. Key features
include the following:
• Presentation—To aid comprehension, technical terms are carefully explained when
first introduced and discussions of complex topics move logically from overview to
elaboration of important details to summary of key topics and principles.
(cid:129) Flexibility—Because it is concise and affordable, A Teacher’s Guide to Education
Lawcan be used in a variety of courses or in professional seminars dealing with teach-
ers and the law.
(cid:129) NewMaterial—All chapters have been updated to include the case law and legislation
of the past five years. About half have undergone major revision. The index contains
almost 200 more entries than in the third edition.
This text is suitable for any course within a teacher education program that is devoted
solely or partly to the legal issues that concern teachers.
Michael Imber (Ph.D., Stanford University) is Professor of Educational Leadership and
Policy Studies in the School of Education at the University of Kansas.
Tyll van Geel (Ed.D., Harvard University; J.D., Northwestern University) is Taylor
Professor of Education Emeritus in the Graduate School of Education, University of
Rochester.
A Teacher’s Guide to Education Law
Fourth Edition
Michael Imber
University of Kansas
and
Tyll van Geel
University of Rochester
First edition published 1992 by McGraw-Hill
Second edition published 2000 by Lawrence Erlbaum Associates, Inc.
Third edition published 2004 by Lawrence Erlbaum Associates, Inc.
This edition published 2010
by Routledge
270 Madison Avenue, New York, NY 10016
Simultaneously published in the UK
by Routledge
2 Park Square, Milton Park, Abingdon, Oxon OX14 4RN
Routledge is an imprint of the Taylor & Francis Group, an informa business
This edition published in the Taylor & Francis e-Library, 2010.
To purchase your own copy of this or any of Taylor & Francis or Routledge’s
collection of thousands of eBooks please go to www.eBookstore.tandf.co.uk.
© 1992 McGraw-Hill
© 2000 Lawrence Erlbaum Associates, Inc.
© 2004 Lawrence Erlbaum Associates, Inc.
© 2010 Taylor & Francis
All rights reserved. No part of this book may be reprinted or reproduced or
utilised in any form or by any electronic, mechanical, or other means, now known
or hereafter invented, including photocopying and recording, or in any
information storage or retrieval system, without permission in writing from the
publishers.
Trademark Notice: Product or corporate names may be trademarks or registered
trademarks, and are used only for identification and explanation without intent
to infringe.
Library of Congress Cataloging in Publication Data
Imber, Michael.
A teacher’s guide to education law / Michael Imber and Tyll van Geel.—4th ed.
p. cm.
Includes bibliographical references and index.
1. Educational law and legislation—United States. 2. Teachers—Legal status,
laws, etc.—United States. I. Van Geel, Tyll. II. Title.
KF4119.85.I46 2010
344.73'07—dc22
2009043756
ISBN 0-203-85988-X Master e-book ISBN
ISBN 10: 0–415–87577–3 (hbk)
ISBN 10: 0–415–99463–2 (pbk)
ISBN 10: 0–203–85988–X (ebk)
ISBN 13: 978–0–415–87577–6 (hbk)
ISBN 13: 978–0–415-99463–7 (pbk)
ISBN 13: 978–0–203-85988–9 (ebk)
We dedicate this book to our families:
Jane, Molly, and Jake Imber
Katy, Alix, and Tap van Geel
And we dedicate the 4th edition
to the newest members of our families:
Michael Imber’s granddaughter, Alice
Tyll van Geel’s grandchildren,
Max, Kira, and Sam
Contents in Brief
Preface xii
1 Understanding Education Law 1
2 Curriculum 13
3 Student Freedom of Expression 42
4 Student Discipline 79
5 Equal Educational Opportunity: Race and Gender 110
6 Students with Special Needs 145
7 Federal Constitutional and Statutory Rights of Teachers 179
8 Teacher Employment 225
9 Collective Bargaining, Unions, and Teacher Contracts 246
10 Torts 269
The Constitution of the United States of America 311
Table of Cases 315
Index 340
Contents
Preface xii
1 Understanding Education Law 1
1.1 Forms of Law 1
1.2 The Courts and Education Law 4
1.3 The Judicial System 5
1.4 Elements of a Judicial Decision 7
1.5 Legal Citations 10
1.6 Summary 12
2 Curriculum 13
2.1 Authority to Control the Public School Program 14
2.2 Objections to Religious Observances in Public Schools 16
2.3 Religious and Moral Objections to Course Content and Materials 22
2.4 Free Speech and Related Objections to Programs and Policies 27
2.5 Objections to Discriminatory Material 32
2.6 Federal Statutory Restrictions on School Programs 33
2.7 Summary 38
3 Student Freedom of Expression 42
3.1 Freedom of Exp ression: An Overview 43
3.2 Unprotected Categories of Student Speech 47
3.3 School-Sponsored Speech 51
3.4 Independent Student Speech 57
3.5 Off-Campus Speech 66
3.6 Freedom of Association and Use of School Facilities 68
3.7 Summary 74
4 Student Discipline 79
4.1 Codes of Conduct 80
4.2 The Use of Force to Control Students 84
4.3 The Investigation of Misconduct 85
4.4 The Adjudication of Guilt 96
4.5 The Assignment of Punishment 100
4.6 Summary 104
