The educational malpractice debate surfaced in the 1970's and has intensified during recent years. The fundamental issue is whether a student or a parent may seek monetary damages for negligence in classifying, placing, or teaching the student. The courts have consistently denied claims of educational malpractice, basing their decisions on controversial interpretations concerning judicial responsibility, the appropriateness of current negligence principles, the existence of a standard of care, the justification of monetary damages, the possibility of burdensome litigation, and the avenues of recourse available to the plaintiff. After briefly presenting the "case" against malpractice claims, this paper advances the proponents'"case," which turns on established principles of negligence as applied to nonteaching professions. A standard of care could be developed for the educational profession. Damages for psychological or emotional injury should apply to educational malpractice suits. School districts should not be exempt from malpractice claims, nor should plaintiffs be without remedy. The paper underlines judicial and professional responsibility to protect students' constitutional rights. All parties' interests are best served through administrative review, followed by legal action, if necessary. The court's primary concern should be to assist the district to correct erroneous acts and to minimize damage to the child's education. Included are several notes and four references. (MLH)