Educational Malpractice: A Cause of Action in Search of a Theory

This Article examines the current case law on educational malpractice and analyzes each of the principle theories of an educational malpractice cause of action: contract, misrepresentation, constitutional right, and negligence. The author argues that these principle theories are logically unsound and inadequate to support a cause of action for educational malpractice, because each theory either approaches from an inapposite analogy or requires an unjustified extension or distortion of the legal theory. The author concludes that there are compelling public policy justifications that support an argument against the extension of these legal theories, and that any extension of these theories will have far reaching legal effects.