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Can Parents Claim "Educational Malpractice" Against a School?

Usually not, Colorado court says.

Colorado
State:
Categories:
Key point: Church-operated schools ordinarily cannot be sued for "educational malpractice."

• A federal court in Colorado dismissed a parent's lawsuit alleging that a church-operated high school and several affiliated denominational agencies were guilty of educational malpractice. The parent was opposed to certain teachings and activities at the school that he claimed were in violation of church teachings. The court dismissed these claims on the ground that "Colorado does not recognize a claim for educational malpractice" and that courts in other states have "consistently refused to recognize educational malpractice" claims. Further, the court insisted that the parent's claim that his child received a "substandard Biblical Christian education" because of various alleged teachings and practices could not be resolved by the civil courts. It observed that any resolution of whether ...

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Richard R. Hammar is an attorney, CPA and author specializing in legal and tax issues for churches and clergy.

Related Topics:
  • None
Posted:
  • January 2, 1995