So You Think You Know the Law…(Answers to the Spring Edition 2012 of Gray Matters)
May 2012
2. A public school is liable for a student’s inability to learn or pass an achievement test. (True or False)
False: Although the general duty to educate is well-established, there is no recognized claim for “educational malpractice.” California courts have acknowledged that it is difficult, if not impossible, to isolate and discern the many potential causes for academic shortcomings of a student. While teachers and educators may incur civil liability for many causes, the failure of a student to achieve is not one of them.For any questions you may have regarding public school tort liability, please contact Rick Williams in our Redwood City office.
Please Note: This article is necessarily general in nature and is not a substitute for legal advice with respect to any particular case. Readers should consult with an attorney before taking any action affecting their interests.
