This paper examines the developing concept of educational malpractice since the mid-1970s. It discusses the aftermath of Peter Doe v. San Francisco Unified School District, a case in which the court found against the student's claim that his school had failed to provide him with an adequate education. Two approaches are now being taken to define the concept of educational malpractice, the paper contends. These are the consideration of college registration of college registration as a form of implied contract and the adoption of competency testing standards by many states. The paper concludes that a cooperative effort with parents and students can help solve the problems of educational accountability. (Author/LD)