This article explores the policy reasons which courts have adopted to deny a private cause of action holding educators legally liable for deficiencies in a student's education. The introductory section provides the background on the basic issue of malpractice in education. Section two examines educational malpractice case law focusing first on cases involving negligence in basic academic skill instruction, then looking at negligence in special education. Section three explores the various duty of care arguments while section four discusses three alternate theories for recovery. Section five analyzes the policy reasons for denial of the tort of educational malpractice. New directions for an educational malpractice claim against the education profession is the focus of section six. The final section discusses the question of whether education itself is a profession in the malpractice sense.
Frank D. Aquila,
Educational Malpractice: A Tort En Ventre,
39 Clev. St. L. Rev.
available at http://engagedscholarship.csuohio.edu/clevstlrev/vol39/iss3/5