Document Type
Article
Publication Title
San Diego Law Review
Publication Date
1995
Volume
32
First Page
437
Abstract
(Excerpt)
The national debate concerning the inadequacies of public schools in the United States and ways to alleviate some of the problems that plague them continues to rage. The performance of children in the United States on standardized tests is dangerously poor, and the rate of illiteracy dangerously high. An alarmingly large number of students do not finish high school. Education is often compromised because of crowded classrooms and shortages in school personnel and textbooks. Part of the debate about the problems in public education involves the search for someone or something to blame. While societal problems contribute to the failure of some public schools, the harm caused by inadequate teachers must not be ignored. Some participants in the debate recognize that the improvement of public education depends on improving the quality of teaching itself.
Most of the participants in the discourse about education recognize the importance of an adequate education. In addition to the harm suffered by a poorly educated individual, it is costly and dangerous for society to allow large numbers of its citizens to remain uneducated. For example, most prison inmates are high school dropouts, and the expense of their incarceration drains societal resources. Moreover, uneducated individuals will find it difficult to exercise the basic rights guaranteed United States citizens under the Constitution. For example, in order for individuals to most effectively exercise their First Amendment right to speak freely, they must have something to say. Citizens are more likely to have something to say, and to recognize the extent of their constitutionally protected right to say it, if they have been educated, or are at the very least, literate.
Members of the business community have participated in the debate on education, recognizing that "[t]oday's students are tomorrow's work force." Some businesses have participated in school reform efforts by forming partnerships with schools to ensure student exposure to various career opportunities. Also, private, for-profit corporations have entered the education business by managing schools or owning and operating them, competing with traditionally-managed public and private schools. Large sums have already been spent for education, but because of corruption and inefficient management, business executives are now realizing that pouring more money into failing schools is insufficient. A primary goal for the companies who manage public schools is to establish accountability for educators:
Weak public-school teachers are transferred from building to building, passing problems from one principal to another. Tenure is offered without thorough review. . . . Concepts such as marketplace pay for teachers in areas of shortage, peer review, a revamped work year, recognition systems and site-based management need to be revisited by educators and leaders in government and business.
Weak teachers are a problem, but this Article is concerned with the more serious misconduct of some educators and the fact that these teachers are not held accountable. One critical step toward greater accountability for educators would be the imposition of civil liability for educational malpractice in cases where teachers and their supervisors allow a student to remain in an incorrect and harmful placement. In such cases, liability should be imposed if the educator's actions constitute gross negligence.
Comments
Available at: https://digital.sandiego.edu/sdlr/vol32/iss2/3/