ERIC Number: ED244329
Record Type: RIE
Publication Date: 1984
Reference Count: 0
How to Avoid an Educational Malpractice Suit.
Patterson, Arlene H.
Increasing demands for professional accountability in education, coupled with a growing tendency in the American public to seek redress through the courts, have given rise to the educational malpractice suit, alleging that students have failed to learn because schools have been negligent in their duty to educate. This chapter provides guidelines by which educators may prevent malpractice suits or minimize their damage through identifying good professional practices, improving present practices, and eliminating practices which have the potential for liability as educational malpractice. Good professional practices include minimum standards for competency and for grade promotion, specific goals and remediation procedures for each grade, systematic student evaluation, adherence to rules, procedural safeguards, and equitable financing patterns. Suggestions are also offered for legal and legislative reforms to ease the burden of educational malpractice suits, including redefinition of tenure, government immunity for state employees, flat rate malpractice insurance, and arbitration. (TE)
Publication Type: Legal/Legislative/Regulatory Materials; Guides - Non-Classroom
Education Level: N/A
Authoring Institution: N/A
Note: In: Jones, Thomas N., Ed. and Semler, Darel P., Ed. School Law Update...Preventive School Law. p69-93. For complete document, see EA 016 748.