eBook - ePub
Raising a Cautionary Flag
Educational Malpractice and the Professional Teacher
- English
- ePUB (mobile friendly)
- Available on iOS & Android
eBook - ePub
Raising a Cautionary Flag
Educational Malpractice and the Professional Teacher
About this book
Nearly 50 years ago a California court heard a complaint from a recent high school graduate who alleged that he could not read at a level that would allow him to apply for, let alone hold, a meaningful job. He asserted that the public school district was negligent and that his prospects for a productive life were diminished by their negligence. The court disagreed and educational malpractice was cast outside the schoolhouse gate and an educational malpractice wall was erected.
In sum, both federal and state courts have constructed a sturdy wall against the recognition of educational malpractice lawsuits. However, recent advances in research on instruction, statistical analyses that some have argued can identify substandard teaching, may have cracked the wall. Thus, confluence of events may lead to demolishing the educational malpractice wall constructed over the past half century.
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. They review the concept of what constitutes a professional, what is malpractice and how is it related to the professional malpractice of physicians and attorneys, and the potential responses to education malpractice. They conclude by raising a cautionary flag about breaching the judicial wall.
In sum, both federal and state courts have constructed a sturdy wall against the recognition of educational malpractice lawsuits. However, recent advances in research on instruction, statistical analyses that some have argued can identify substandard teaching, may have cracked the wall. Thus, confluence of events may lead to demolishing the educational malpractice wall constructed over the past half century.
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. They review the concept of what constitutes a professional, what is malpractice and how is it related to the professional malpractice of physicians and attorneys, and the potential responses to education malpractice. They conclude by raising a cautionary flag about breaching the judicial wall.
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Please note we cannot support devices running on iOS 13 and Android 7 or earlier. Learn more about using the app.
Yes, you can access Raising a Cautionary Flag by Todd A. DeMitchell,Richard Fossey,Terri A. DeMitchell in PDF and/or ePUB format, as well as other popular books in Education & Educational Policy. We have over one million books available in our catalogue for you to explore.
Information
Table of contents
- 1 Introduction: The Teacher and Educational Malpractice—a Paradox and a Conundrum
- Section I. Professional Malpractice: A Tort of Negligence
- Section II. Emerging Tort Actions
- Section III. Educational Malpractice: A Viable Tort? Law and Policy Responses
- Appendix A: Table of Cases
- Index
- About the Authors
- Other Works of the Authors