Raising a Cautionary Flag: Educational Malpractice and the Professional Teacher

The authors of "Raising a Cautionary Flag: Educational Malpractice and the Professional Teacher" explore the judicial reticence to recognize educational malpractice as a viable tort of negligence, reviewing the concept of a professional, malpractice, and potential responses. They raise a cautionary flag about breaching the judicial wall.

Format: Hardback
Length: 226 pages
Publication date: 28 October 2022
Publisher: Rowman & Littlefield

Nearly half a century ago, a California court grappled with a complaint from a recent high school graduate who lamented his inability to read at a level that would enable him to secure, much less excel in, a meaningful job. He fervently argued that the public school district had been negligent, thereby diminishing his prospects for a fulfilling life. However, the court disagreed, relegating educational malpractice to the realm beyond the schoolhouse gate, effectively erecting an impenetrable wall.

In essence, both federal and state courts have arduously built a formidable barrier against the acknowledgment of educational malpractice lawsuits. Nevertheless, recent advancements in research on instruction, coupled with statistical analyses that some contend can identify substandard teaching, may have breached the once-impenetrable wall. Thus, a convergence of events may ultimately lead to the demolition of the educational malpractice wall that has stood for over half a century.

The authors of Raising a Cautionary Flag: Educational Malpractice and the Professional Teacher delve into the judicial reluctance to recognize educational malpractice as a legitimate tort of negligence. They examine the concept of what constitutes a professional, the nature of malpractice, and its relationship to the professional malpractice of physicians and attorneys. Furthermore, they explore potential responses to education malpractice. In conclusion, the authors raise a cautionary flag about breaching the judicial wall that has shielded educational malpractice from legal recognition for decades.

Weight: 472g
Dimension: 238 x 159 x 19 (mm)
ISBN-13: 9781475866759