The current litigious climate in the United States has resulted in a notably high frequency of lawsuits being filed against the educational system. School administrators are routinely named in lawsuits filed by disgruntled parents and students against schools and their governing bodies. This dissertation reviewed litigious actions in both public and private school settings; the main purpose of this research was to provide educators with an overview of the current laws governing the United States' educational system. The goal of the study was to examine public and private school case law as it related to educational malpractice. The study aimed to examine emerging issues and trends as well as the legal implications of those cases on the system to guide school administrators in implementing policies and procedures and prevent future litigation. Research for this study identified court cases at both the state and federal levels from 1976 through 2009. Educational malpractice has a more limited history than that of medical or legal malpractice. Malpractice in education, or academic negligence, is a form of inattention arising out of a professional practice. Lawsuits in the previous three decades have been filed against the educational sector alleging a form of educational malpractice but courts generally have been unwilling to interpret the complex issue of evaluating the quality of educational services being provided. Conversely, federal and state education laws have begun to define standards of care in the area of special education cases such as those cases being filed under the Individuals with Disabilities Education Act (IDEA). The success of these special education cases has advanced the discussion of educational malpractice litigation. [The dissertation citations contained here are published with the permission of ProQuest LLC. Further reproduction is prohibited without permission. Copies of dissertations may be obtained by Telephone (800) 1-800-521-0600. Web page: http://www.proquest.com/en-US/products/dissertations/individuals.shtml.]