Raising a Cautionary Flag: Educational Malpractice and the Professional Teacher addresses a very timely topic, especially in light of the pandemic and the current political environment’s impact on educators. The authors skillfully and comprehensively explore all aspects of the tort of negligence and whether educators eventually may be vulnerable to malpractice claims. This book is a must read for both practitioners and legal scholars who will be enlightened by this thoughtful treatise.

Martha McCarthy, Presidential Professor, Loyola Marymount University; Chancellor's Professor Emeritus, Indiana University; Past President of the Education Law Association

Raising a Cautionary Flag is incredibly written – and timely-- book that explores an important law and policy question: can, or should, educators be held liable to a negligence claim akin to other professions, like attorneys, or doctors? DeMitchell, Fossey and DeMitchell address the matter with their customary exhaustive research and weave their analysis with all the relevant literature in law and education policy. What is more, the authors deftly craft a text accessible to the array of constituencies who should be interested in the topic, including administrators, parents, and school law attorneys. Before stakeholders form an opinion on the issue of educator malpractice, or more significantly try to influence policy or law, they should first read this book.

Mark A. Paige, JD, PhD, Associate Professor and Chair, Department of Public Policy, University of Massachusetts-Dartmouth

This book is a must read for anyone interested in the legal landscape involving educational malpractice. The authors, who are well-respected education law scholars, examine the many legal issues in both K-12 and higher education involving education malpractice. The book covers important dilemmas related to what might constitute educational malpractice and how courts respond to students who sued universities that pivoted to online instruction during the pandemic.

Suzanne Eckes, JD, PhD, Susan S. Engeleiter Professor of Education Law, Policy and Practice, Department of Educational Leadership & Policy Analysis, University of Wisconsin-Madison; Former President, Education Law Association