All the cases mentioned above allege that some form of educational malpractice had occurred. The theory of educational mal-practice is based on the assumption that educators have two basic professional duties. This theory applies to all levels of teaching from primary school to post doctoral level training. First, teachers should deliver adequate instruction or training. Teachers are expected to educate their student to the standards set by an accrediting organization or state education department.
Teachers also are responsible for the safety and wellbeing of their students while in their care.
In the case of a discipline that educates health care professionals, such as social work, the supervisory duty extends to the contacts students have with others in the course of their professional training. Historically, professors have felt a degree of immunity from professional liability claims. There is good reason for this feeling of reduced risk exposure too. Thus far, American courts have been reluctant to evaluate education as they do medical malpractice or product liability claims. However plaintiffs' attorneys continue to pursue litigation related to educational practice.