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Raising a Cautionary Flag - Educational Malpractice and the Professional Teacher (Hardcover)
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Raising a Cautionary Flag - Educational Malpractice and the Professional Teacher (Hardcover)
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Nearly 50 years ago a California court heard a complaint from a
recent high school graduate who alleged that he could not read at a
level that would allow him to apply for, let alone hold, a
meaningful job. He asserted that the public school district was
negligent and that his prospects for a productive life were
diminished by their negligence. The court disagreed and educational
malpractice was cast outside the schoolhouse gate and an
educational malpractice wall was erected. In sum, both federal and
state courts have constructed a sturdy wall against the recognition
of educational malpractice lawsuits. However, recent advances in
research on instruction, statistical analyses that some have argued
can identify substandard teaching, may have cracked the wall. Thus,
confluence of events may lead to demolishing the educational
malpractice wall constructed over the past half century. The
authors of Raising a Cautionary Flag: Educational Malpractice and
the Professional Teacher, explore the judicial reticence to
recognize educational malpractice as a viable tort of negligence.
They review the concept of what constitutes a professional, what is
malpractice and how is it related to the professional malpractice
of physicians and attorneys, and the potential responses to
education malpractice. They conclude by raising a cautionary flag
about breaching the judicial wall.
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