What Are the Main Causes of Educational Malpractice?

Educational malpractice refers to the negligence, incompetence, or breach of duty on the part of educators or educational institutions that results in harm to students’ academic or personal development. Education malpractice directly affects the quality of education and the future of society. You should understand these facts and the common claims against educators to provide comprehensive insurance coverage for these clients.

Understanding Educator Liability Risks

Educator liability risks encompass the legal responsibilities and obligations educators have toward their students. These risks can result from many factors, including negligence, misconduct, or inadequate care.

Educators have a duty of care to provide a safe and effective learning environment. Failure to do so can lead to legal consequences. When educators fail in their duty, it can harm the students and the reputation of the educational institution, affecting trust and future enrollment.

Education professionals should be aware of their legal obligations and responsibilities. These include understanding the legal framework that guides their profession and being aware of laws related to issues such as student safety, discrimination, and special needs accommodations.

Common Educator Malpractice Claims

There are several common claims of educator malpractice that insurance agents should understand.

Failure to Educate

This claim arises when an educator cannot provide the necessary instruction, support, or resources, resulting in a student’s poor academic performance or hindrance in their overall educational development.


Discrimination claims involve treating students unfairly or differently based on race, gender, religion, disability, or other protected characteristics. This behavior breaches ethical standards and can also lead to legal consequences.

Lack of Individualized Teaching for Unique/Special Needs

Students with unique or special needs require tailored instruction and support. When educators fail to provide appropriate accommodations or services, they can face malpractice claims.

These common claims underscore the importance of educators understanding the unique needs and rights of each student, as well as the need to provide equal opportunities and a safe learning environment for all.

The Role of Professional Liability Insurance

Professional liability for educators, or educators malpractice insurance, plays a crucial role in protecting educators. Professional liability policies cover legal expenses, helping educators defend themselves against malpractice claims, which can be financially draining.

Professional liability coverage serves as a safety net, offering educators protection in the face of legal challenges. Knowing they have insurance coverage can provide educators with peace of mind, enabling them to focus on their teaching responsibilities without the constant fear of litigation. With professional liability policies, educators can protect their careers and reputations, ensuring they can continue to make a positive impact in their students’ lives.

Safeguarding the Future

Those in education face various liability risks, and understanding these risks is the first step toward prevention. Educators shape the future of our nation by nurturing the minds of our youth. They should be proactive in seeking insurance safeguards and advocating for positive changes in education, helping to create a safer, more inclusive, and higher-quality educational experience for all students. By addressing education malpractice and supporting our educators, we contribute to a brighter future for generations to come.

About PGUI

Professional Governmental Underwriters, LLC., is a full-service risk management company dedicated to assisting public, educational, and nonprofit entities in the management of their professional liability exposures, including educators liability insurance. We are dedicated to providing state-of-the-art professional underwriting management and loss control advisory services on behalf of our designated carriers. For more information, call us toll-free at (800) 586-6502.