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Educational malpractice : legal cases and educators' views

Teh, Mui-Kim 2008, Educational malpractice : legal cases and educators' views, Education journal, vol. 36, no. 1, pp. 137-152.

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Title Educational malpractice : legal cases and educators' views
Author(s) Teh, Mui-Kim
Journal name Education journal
Volume number 36
Issue number 1
Start page 137
End page 152
Total pages 16
Publisher Chinese University Press
Place of publication Hong Kong
Publication date 2008
ISSN 1025-1936
Keyword(s) education malpractice
legal cases
Summary The notion of being negligently and legally liable for poor teaching that results in the failure of students being able to achieve expected educational outcomes is an unimaginable prospect. However, there is an emerging trend of legal proceedings being brought against teachers, blaming them for low scores in literacy, numeracy or even the failure to pass an examination. The duty implied on educators to ensure the educational well-being of their students and the breach of such duty is what is commonly termed in the literature “educational malpractice” or “educational negligence.”

In this article, several cases relating to educational malpractice that took place in the U.S., the U.K., and Australia are reviewed, and the cases demonstrate that the courts are beginning to show a willingness to extend the tort of negligence to students’ intellectual harm. The author then conducted a small-scale investigation to ascertain the views of school principals regarding this issue, with very interesting results.
Language eng
Field of Research 180199 Law not elsewhere classified
Socio Economic Objective 970118 Expanding Knowledge in Law and Legal Studies
HERDC Research category C1.1 Refereed article in a scholarly journal
Copyright notice ©2008, Education journal (HKIER)
Persistent URL http://hdl.handle.net/10536/DRO/DU:30045137

Document type: Journal Article
Collections: School of Law
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Every reasonable effort has been made to ensure that permission has been obtained for items included in DRO. If you believe that your rights have been infringed by this repository, please contact drosupport@deakin.edu.au.