Educational Malpractice

Educational Malpractice: Defining and Understanding Educational Rights

It can be challenging to keep up with the laws and regulations that govern the world of education. One often-overlooked threat is that of educational malpractice.

What is Educational Malpractice?

Malpractice, or “bad practice,” is committed when a service is poorly executed. Educational malpractice, therefore, occurs when a teacher or school fails to provide an adequate education for a student or multiple students. An example might be a student who manages to graduate from a school or school system without ever learning to read or write properly.

Who is Held Responsible for Educational Malpractice?

If someone issuing a school for poor education, individual teachers, schools, or school systems may be responsible for proving that they provided sufficient education and care for students. It can, however, be difficult to prove malpractice, as a number of factors may influence a student’s success or lack thereof.

How Do Courts Respond to Cases of Educational Malpractice?

Courts are often hesitant to hear educational malpractice cases. When teachers are already notoriously overwhelmed, courts do not care to add to that stress and prefer instead to let schools self-govern. Loopholes do exist, though, as many have managed to avoid the term “educational malpractice” in their lawsuits.

Educational malpractice exists when a teacher or school fails to do their job adequately. Knowing what it looks like is step one for both schools and students looking to better protect themselves.