Legal Question in Personal Injury in Washington

High school diploma, but cannot read or add or subtract or write

As a teacher i am interested to find out if it is possible for students who have been granted a high school diploma to bring litigation against a school district who gave the diploma when the student does not have the most basic skills such as reading and writing and adding and subtracting and as a result cannot get a job or keep a job or must get remedial training after high school i would think there must be some legal people interested in this question my main goal is to improve education thank you


Asked on 10/20/97, 5:12 am

1 Answer from Attorneys

Gary Preble Preble Law Firm, P.S.

reding riting & damage awards

It appears this matter has been addressed, though not directly, inthe case of Camer v. Seattle School District, 52 Wn.App. 531, 762 P.2d 356 (1988). the answer appears to be no, but read the article noted below.

Here is a quote from a NY case, Frank Torres, v. Little Flower Children's Services, 474 N.E.2d 223, 64 N.Y.2d 119 (1984):

"In Hoffman v Board of Educ. (49 N.Y.2d 121) and Donohue v Copiague Union FreeSchool Dist. (47 N.Y.2d 440), we dismissed complaints for educational malpractice, holding thatas a matter of public policy the courts would not second-guess the professional judgments ofpublic school educators and administrators in selecting programs for particular students. In theappeal before us plaintiff, who never learned to read despite a public school education, seeksdamages from his legal custodians for his failure to receive an appropriate education. While heurges that there are material differences from Hoffman and Donohue, we conclude that the samepolicy considerations bar recovery."

Here's a quote from a MD case that includes a law review article that appears to be your best reference option. You can find the law review article in a good law library.

A claim for educational malpractice is generally brought directly by a student against aneducational institution. These cases involve allegations that, as a result of the institution's negligentinstruction, the student received an inadequate education. See generally John G. Culhane,Reinvigorating Educational Malpractice Claims: A Representational Focus, 67 WASH. L. REv.349 (1992).

Gary

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Answered on 10/21/97, 3:14 am


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