Courts have not recognized claims of "educational malpractice," though they have held that such a claim could be formally pleaded with liability precluded by public policy considerations. A 1984 New York Court of Appeals decision in "Snow vs. State of New York" may be the initial breakdown to the barrier of public policy…

Ways in which state governments can effectively deal with seriously underachieving schools are presented in this report. Governors and other state leaders are beginning to understand how important it is for students to be better prepared and that, as policymakers, they are obligated to demand accountability from students, from schools, and from…

Increasing demands for professional accountability in education, coupled with a growing tendency in the American public to seek redress through the courts, have given rise to the educational malpractice suit, alleging that students have failed to learn because schools have been negligent in their duty to educate. This chapter provides guidelines…

This treatise is a compilation of various educational malpractice cases as well as other references regarding educational malpractice and related malpractice cases from other professions, such as medicine, law and psychiatry, and is intended to serve as a source for understanding the complex and sensitive problems relating to educational…

Local boards of education have the responsibility and authority for operating local school systems, but in a system of any size authority must be delegated. Unlike factories, schools cannot be run from the top down. The health of the schools is determined directly by and in proportion to the extent that principals and teachers have a voice in…

Maintains that academia has not escaped the litigious nature of the current U.S. social climate. Cites pivotal U.S. Supreme Court cases on academic judgment and reviews lower court cases where students challenged their assigned grades. Provides suggestions for lessening the likelihood of litigation. (CFR)

This report finds two fundamental problems threatening higher education's ability to help America succeed in challenging times: first, the lack of recognition by state and national leaders of higher education's value; and, second, the lack of recognition by colleges and universities of their need to change. The report presents recommendations to…

Perspectives on the context and results of the investigation conducted by the National Commission on Excellence in Education are presented. It is noted that the Commission's analysis sought to determine the extent to which colleges fail to set and maintain high standards, and the extent to which they fail to make their measures and benchmarks of…

Major problems and issues of ethics in elementary, secondary, and higher education are examined. The function and present status of professional ethics are considered, along with specific codes of ethics, including those of the National Education Association, American Association of University Professors, and the American Association of School…