The South Dakota Supreme Court has not considered whether a claim for educational malpractice is valid in South Dakota. However, the South Dakota Federal District Court recently predicted that the South Dakota Supreme Court would not recognize educational malpractice as a proper claim.
Specifically, the Federal District Court rejected a claim for educational malpractice because (1) the lack of a satisfactory standard of care by which to evaluate an educator; (2) the inherent uncertainties about causation and the nature of damages in light of such intervening factors as a student’s attitude, motivation, temperament, past experience, and home environment; (3) the potential for a flood of litigation against schools; and (4) the possibility that such claims will embroil the courts into overseeing the day-to-day operations of schools.
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