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Title:Educational Malpractice and the Professionalization Project around Teaching: A Commentary on the “Jurisdiction” of Teachers
Author(s):Westbury, Ian
educational malpractice
teachers' duty of care
educational manpractice
duty of care
rule of care
legal decisions
Geographic Coverage:USA
Abstract:The paper considers the century-old professionalization project around school teaching. Sociologists have contended that a professionalization of an occupation requires the recognition, and acceptance, of an expertise. Using the common-law concepts of negligence and malpractice, that is, failure in a duty of care, the paper examines some English and US legal cases in which there was a claim of educational malpractice. The English courts have accepted that special education teachers could have standards which might be breached, that a failure in a duty of care. US courts have rejected all claims of educational malpractice, in part because they do not want to open a new area for litigation but also because that could find no customary and consensual rules of care among teachers that might be that might be a basis for finding negligence, and thus educational malpractice.
Issue Date:2000
Publisher:Departmen of Teacher Education, University of Helsinki
Citation Info:Kansanen, P. (ed.), Discussions of Some Educational Issues IX.Opettajan Koulutuslaitos: Research Report, 211. Helsinki, pp.149–162.
Series/Report:Research Report, No 211
ISBN:951459343X 9789514593437
Date Available in IDEALS:2019-10-22

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