Educational malpractice: legal cases and educators' views

Teh, Mui-Kim (2008) Educational malpractice: legal cases and educators' views. Education Journal (Jiaoyu Xuebao), 36 (1-2). pp. 137-152. ISSN 1025-1936


The notion of being negligently and legally liable for poor teaching that results in the failure of students being able to achieve expected educational outcomes is an unimaginable prospect. However, there is an emerging trend of legal proceedings being brought against teachers, blaming them for low scores in literacy, numeracy or even the failure to pass an examination. The duty implied on educators to ensure the educational well-being of their students and the breach of such duty is what is commonly termed in the literature 'educational malpractice' or 'educational negligence'.
In this article, several cases relating to educational malpractice that took place in the U.S., the U.K., and Australia are reviewed, and the cases demonstrate that the courts are beginning to show a willingness to extend the tort of negligence to students' intellectual harm. The author then conducted a small-scale investigation to ascertain the views of school principals regarding this issue, with very interesting results.

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Item Type: Article (Commonwealth Reporting Category C)
Refereed: Yes
Item Status: Live Archive
Additional Information: Chinese title : Jiaoyu Xuebao. Author Version not held.
Faculty / Department / School: Historic - Faculty of Business - School of Law
Date Deposited: 27 Apr 2010 06:37
Last Modified: 08 Sep 2014 06:23
Uncontrolled Keywords: negligence; administrator attitudes; court litigation; foreign countries; educational malpractice; principals; teacher competencies; teaching skills; educational quality; legal responsibility; low achievement; teacher responsibility
Fields of Research : 18 Law and Legal Studies > 1801 Law > 180123 Litigation, Adjudication and Dispute Resolution
18 Law and Legal Studies > 1801 Law > 180119 Law and Society
13 Education > 1303 Specialist Studies in Education > 130303 Education Assessment and Evaluation
Socio-Economic Objective: C Society > 93 Education and Training > 9305 Education and Training Systems > 930502 Management of Education and Training Systems

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