Educators Who Drive With No Hands: The Application of Analytical Concepts of Corporate Law in Certain Cases of Educational Malpractice

This Article focuses on the problem of poorly educated children and how serious misconduct of some educators goes unpunished. The Author argues that civil liability should be imposed if the educator’s actions constitute gross negligence, such as where teachers allow a student to remain in an incorrect and harmful placement. Since the judiciary does not want to intervene in such cases, the Author examines types of decisions in the corporate context in which the court will intervene. The Article explains that the judiciary should apply a form of the business judgment rule and other corporate law principles to help alleviate some of the judiciary’s concerns about imposing liability in the educational context