Contumacious
Radical Freedom
EDUCATIONAL MALPRACTICE: WHEN CAN JOHNNY SUE?
I.
Introduction Our public school system often fails miserably in its primary objective - that of educating the students. As a result, a new type of suit has developed, the suit for educational malpractice.' The action is brought by parents of children who were pushed through school and allowed to graduate though deficient in all basic skills.To date, these suits have been unsuccessful in the courts.3 Despite this lack of recognition, proponents of educational malpractice as a new theory of recovery are increasing.' The recent case of Donohue v. Copiague Union Free School District5 is a good example of the educational malpractice suit. In this case school authorities pushed the plaintiff through high school and awarded him a certificate of graduation, despite his numerous failing grades. Although school authorities were cognizant of the plaintiff's learning disabilities, they made no attempt to test or diagnose his problems or to provide remedial help. The plaintiffs suit for educational malpractice was dismissed for failure to state a cause of action."
No parent has successfully sued a public school system because after 12 years Johnny can't read -- why is Trump University different?
I.
Introduction Our public school system often fails miserably in its primary objective - that of educating the students. As a result, a new type of suit has developed, the suit for educational malpractice.' The action is brought by parents of children who were pushed through school and allowed to graduate though deficient in all basic skills.To date, these suits have been unsuccessful in the courts.3 Despite this lack of recognition, proponents of educational malpractice as a new theory of recovery are increasing.' The recent case of Donohue v. Copiague Union Free School District5 is a good example of the educational malpractice suit. In this case school authorities pushed the plaintiff through high school and awarded him a certificate of graduation, despite his numerous failing grades. Although school authorities were cognizant of the plaintiff's learning disabilities, they made no attempt to test or diagnose his problems or to provide remedial help. The plaintiffs suit for educational malpractice was dismissed for failure to state a cause of action."
No parent has successfully sued a public school system because after 12 years Johnny can't read -- why is Trump University different?
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