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ERIC Number: EJ811185
Record Type: Journal
Publication Date: 2008-Mar
Pages: 22
Abstractor: As Provided
Reference Count: N/A
ISSN: ISSN-0953-9964
Educational Malpractice and Setting Damages for Ineffective Teaching: A Comparison of Legal Principles in the USA, England and Australia
Mawdsley, Ralph D.; Cumming, J. Joy
Education and the Law, v20 n1 p25-46 Mar 2008
The extent to which educational institutions and their teachers in the USA, England, and Australia should bear legal responsibility in damages for ineffective classroom teaching is the subject of this article. At the heart of the controversy regarding educational malpractice is the issue of remedies. Federal and state courts in the USA have resisted awarding damages where such an award would appear to sound in educational malpractice. However, although courts in Australia have yet to declare with any degree of certainty, they appear positioned to follow the English approach that ostensibly acknowledges a school's duty of care to provide effective education for all children. (Contains 97 notes.)
Routledge. Available from: Taylor & Francis, Ltd. 325 Chestnut Street Suite 800, Philadelphia, PA 19106. Tel: 800-354-1420; Fax: 215-625-2940; Web site:
Publication Type: Journal Articles; Reports - Evaluative
Education Level: Elementary Education; Elementary Secondary Education; High Schools; Intermediate Grades; Junior High Schools; Middle Schools; Secondary Education
Audience: N/A
Language: English
Sponsor: N/A
Authoring Institution: N/A
Identifiers - Location: Australia; United Kingdom (England); United States
Identifiers - Laws, Policies, & Programs: Individuals with Disabilities Education Act; No Child Left Behind Act 2001; Rehabilitation Act 1973 (Section 504)