A crack in the educational malpractice wall: with performance standards in place, will courts soon recognize an individual's right to competent instruction in the classroom?
School Administrator › Vol. 64 Nbr. 9, October 2007
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A crack in the educational malpractice wall: with performance standards in place, will courts soon recognize an individual's right to competent instruction in the classroom?
As a former school law attorney (Terri) and a former superintendent (Todd), we were constantly concerned about potential liability when a student's constitutional rights may have been violated or when a student was physically injured.
However, if we received word of a potential lawsuit because a graduating high school senior could read only at an elementary-grade level, we knew it was an empty threat. While educators can be held liable for infringing on students' rights and for negligence that causes students physical harm, educators do not have a legal responsibility to educate students. In ...See the full content of this document
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