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Original Articles

Educational Malpractice for Computers in Instruction: A Perspective for Legal Advocacy

Pages 143-161 | Published online: 17 Nov 2014
 

Abstract

The deployment of computers as devices for instruction in the classroom creates an environment for potential educational malpractice litigation and direct court intervention if educational administrators fail to observe sound leadership practices related to teacher certification, teaching assignments, and the selection of instructional materials. The classical legal immunity for state and local education agencies relative to the “intellectual marketplace” has been successfully and increasingly abrogated by legislative amendments and court actions. The potential for the violation of liberty and property interests of teachers and students alike, as guaranteed under the equal educational opportunity provisions of the 14th amendment of the United States Constitution, provides for the litigious intervention of the courts in terms of “loss of future opportunity” and “tort liability.”

Additional information

Notes on contributors

Brent E. Wholeben

Dr. Brent E. Wholeben is presently an associate professor of educational administration and supervision at the University of Texas at El Paso, and the former associate director for the Bureau of School Service and Research at the University of Washington. Since 1980, Dr. Wholeben has presented over 50 papers and keynote addresses on topics related to the use of computers as instructional and administrative tools, and is currently working on his second book, entitled Instructional Computing in the Classroom, to be published in 1985 by Wadsworth Publishing Company.

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