This paper discusses how charges of malpractice affect educational policy. It details the case of Peter W. v. San Francisco Unified School District, a precedent-setting case that began a chain of litigation concerning alleged educational malpractice. The paper also discusses cause of action in malpractice, legal and statutory standards of conduct, and three major considerations of public education policy. It concludes that educational malpractice allegations will probably become harder to prove. If schools are forced to concentrate more on eliminating incompetent teaching, they should not drift into even less humane concern for their pupils. (Author/LD)