Educational malpractice and setting damages for ineffective teaching: A comparison of legal principles in the USA, England and Australia

Journal article

Mawdsley, Ralph D. and Cumming, Joy. (2008). Educational malpractice and setting damages for ineffective teaching: A comparison of legal principles in the USA, England and Australia. Education and the Law. 20(1), pp. 25 - 46. https://doi.org/10.1080/09539960802114344

Authors	Mawdsley, Ralph D. and Cumming, Joy
Year	2008
Journal	Education and the Law
Journal citation	20 (1), pp. 25 - 46
Publisher	Routledge
ISSN	0953-9964
Digital Object Identifier (DOI)	https://doi.org/10.1080/09539960802114344
Page range	25 - 46
Research Group	Institute for Learning Sciences and Teacher Education (ILSTE)
Place of publication	United KIngdom

Permalink -

https://acuresearchbank.acu.edu.au/item/8qx65/educational-malpractice-and-setting-damages-for-ineffective-teaching-a-comparison-of-legal-principles-in-the-usa-england-and-australia

103
total views
0
total downloads
1
views this month
0
downloads this month

These values are for the period from 19th October 2020, when this repository was created.

Export as

Related outputs

Conceptualising a fairness framework for assessment adjusted practices for students with disability : An empirical study

Rasooli, Amirhossein, Razmjoee, Maryam, Cumming, Joy, Dickson, Elizabeth and Webster, Amanda. (2021). Conceptualising a fairness framework for assessment adjusted practices for students with disability : An empirical study. Assessment in Education. 28(3), pp. 301-321. https://doi.org/10.1080/0969594X.2021.1932736

Contesting educational assessment policies in Australia

Cumming, Joy, van der Kleij, Fabienne Schoenmaker and Adie, Lenore. (2019). Contesting educational assessment policies in Australia. Journal of Education Policy. 34(6), pp. 836 - 857. https://doi.org/10.1080/02680939.2019.1608375

Feasibility and value of using a GoPro camera and Apple iPad to study teacher-student assessment feedback interactions

van der Kleij, Fabienne Schoenmaker, Adie, Lenore and Cumming, Joy. (2019). Feasibility and value of using a GoPro camera and Apple iPad to study teacher-student assessment feedback interactions. In In B. P. Veldkamp and C. Sluijter (Ed.). Theoretical and Practical Advances in Computer-based Educational Measurement pp. 339 - 359 SpringerOpen. https://doi.org/10.1007/978-3-030-18480-3_18

A meta-review of the student role in feedback

van der Kleij, Fabienne Schoenmaker, Adie, Lenore and Cumming, Joy. (2019). A meta-review of the student role in feedback. International Journal of Educational Research. 98, pp. 303 - 323. https://doi.org/10.1016/j.ijer.2019.09.005

Reasonable adjustment in assessment: The Australian experience

Dixon, Elizabeth and Cumming, Joy. (2018). Reasonable adjustment in assessment: The Australian experience. In In K. Trimmer, R. Dixon and Y. S. Findlay (Ed.). The Palgrave handbook of education law for schools pp. 315 - 333 Palgrave Macmillan. https://doi.org/10.1007/978-3-319-77751-1_14

Policy expectations and support for teacher formative assessment in Australian education reform

Van der Kleij, Fabienne Michelle, Cumming, Jacqueline Joy and Looney, Anne. (2018). Policy expectations and support for teacher formative assessment in Australian education reform. Assessment in Education. 25(6), pp. 620 - 637. https://doi.org/10.1080/0969594X.2017.1374924

Student experiences of NAPLAN: sharing insights from two school sites

Swain, Katharine, Pendergast, Donna and Cumming, Joy. (2018). Student experiences of NAPLAN: sharing insights from two school sites. The Australian Educational Researcher. 45(3), pp. 315 - 342. https://doi.org/10.1007/s13384-017-0256-5

2018 Queensland NAPLAN review: School and system perceptions report and literature review

Cumming, Joy, Jackson, Christine, Day, Chantelle, Maxwell, Graham, Adie, Lenore, Lingard, Bob, Haynes, Michele and Heck, Elizabeth. (2018). 2018 Queensland NAPLAN review: School and system perceptions report and literature review Australia: Institute for Learning Sciences and Teacher Education, Australian Catholic University.

Enhancing inclusive education through teacher education reforms

Cumming, Joy, Tones, Megan, Day, Chantelle and Heck, Elizabeth. (2018). Enhancing inclusive education through teacher education reforms. In In C. Wyatt-Smith and L. Adie (Ed.). Innovation and accountability in teacher education: Setting directions for new cultures in teacher education pp. 201 - 221 Springer Nature. https://doi.org/10.1007/978-981-13-2026-2_13

Empowering parents of children with autism spectrum disorder: critical decision-making for quality outcomes

Webster, Amanda, Cumming, Joy and Rowland, Susannah. (2017). Empowering parents of children with autism spectrum disorder: critical decision-making for quality outcomes Springer. https://doi.org/10.1007/978-981-10-2084-1

Using video technology to enable student voice in assessment feedback

van der Kleij, Fabienne S., Adie, Lenore and Cumming, Joy. (2017). Using video technology to enable student voice in assessment feedback. British Journal of Educational Technology. 48(5), pp. 1092 - 1105. https://doi.org/10.1111/bjet.12536

Assessment

Wyatt-Smith, Claire Maree, Adie, Lenore, Van der Kleij, Fabienne Michelle and Cumming, Joy. (2017). Assessment. In In D. Pendergast, K. Main and N. Bahr (Ed.). Teaching Middle Years: Rethinking curriculum, pedagogy and assessment pp. 301 - 320 Allen & Unwin.

Effective enactment of assessment for learning and student diversity in Australia

Cumming, Jacqueline Joy and Van der Kleij, Fabienne Michelle. (2016). Effective enactment of assessment for learning and student diversity in Australia. In In D. Laveault and L. Allal (Ed.). Assessment for learning: Meeting the challenge of implementation pp. 55 - 73 Springer. https://doi.org/10.1007/978-3-319-39211-0_4

Handling attrition and non-response in longitudinal data with an application to a study of Australian youth

Cumming, Jacqueline Joy and Goldstein, Harvey. (2016). Handling attrition and non-response in longitudinal data with an application to a study of Australian youth. Longitudinal and Life Course Studies. 7(1), pp. 53 - 63. https://doi.org/10.14301/llcs.v7i1.342

Students at risk and NAPLAN

Cumming, Joy, Wyatt-Smith, Claire Maree and Colbert, Peta Jane. (2016). Students at risk and NAPLAN. In In B. Lingard, G. Thompson and S. Sellar (Ed.). National testing in schools: An Australian assessment pp. 126 - 138 Routledge.

Documenting support needs and adjustment gaps for students with disabilities: Teacher practices in Australian classrooms and on national tests

Davies, Michael D., Elliott, Stephen N. and Cumming, Joy. (2016). Documenting support needs and adjustment gaps for students with disabilities: Teacher practices in Australian classrooms and on national tests. International Journal of Inclusive Education. 20(12), pp. 1252 - 1269. https://doi.org/10.1080/13603116.2016.1159256

School leadership in assessment in an environment of external accountability: Developing an assessment for learning culture

Cumming, Joy, Maxwell, Graham and Wyatt-Smith, Claire Maree. (2016). School leadership in assessment in an environment of external accountability: Developing an assessment for learning culture. In In G. Johnson and N. Dempster (Ed.). Leadership in diverse learning contexts pp. 221 - 237 Springer International Publishing. https://doi.org/10.1007/978-3-319-28302-9_11

Restraint of students in schools in the USA

Mawdsley, Ralph and Cumming, Jacqueline. (2015). Restraint of students in schools in the USA. International Journal of Law and Education. 20(1), pp. 21 - 31.

Protecting children in Australian schools : Teacher use of force and restraint and legal challenges

Cumming, Jacqueline and Mawdsley, Ralph. (2015). Protecting children in Australian schools : Teacher use of force and restraint and legal challenges. International Journal of Law and Education. 20(1), pp. 93 - 116.

Diversity, affirmative action and higher education

Cumming, Jacqueline and Mawdsley, Ralph. (2015). Diversity, affirmative action and higher education. In In S. Varnham, P. Kamvounias and J. Squelch (Ed.). pp. 137 - 148 Federation Press, the.

Legal issues regarding student mobile phones: Considerations of Australian context and case law from United States public schools

Mawdsley, Ralph and Cumming, Jacqueline. (2014). Legal issues regarding student mobile phones: Considerations of Australian context and case law from United States public schools. International Journal of Law and Education. 19(1), pp. 37 - 54.

Expanding approaches to summative assessment for students with impairment

Cumming, Jacqueline Joy and Maxwell, Graham. (2014). Expanding approaches to summative assessment for students with impairment. In In L. Florian (Ed.). The Sage Handbook of Special Education pp. 573 - 593 Sage Publications Ltd..

Enabling all students to learn through assessment: A case study of equitable outcomes achieved through the use of criteria and standards

Colbert, Peta and Cumming, Jacqueline Joy. (2014). Enabling all students to learn through assessment: A case study of equitable outcomes achieved through the use of criteria and standards. In In C. Wyatt-Smith, V. Klenowski and P. Colbert (Ed.). Designing assessment for quality learning pp. 211 - 231 Springer. https://doi.org/10.1007/978-94-007-5902-2_14

The Nationalisation of Education in Australia and Annexation of Private Schooling to Public Goals

Cumming, Jacqueline and Mawdsley, Ralph. (2012). The Nationalisation of Education in Australia and Annexation of Private Schooling to Public Goals. International Journal of Law and Education. 17(2), pp. 7 - 31.

Enacting policy, curriculum and teacher conceptualisations of multimodal literacy and english in assessment and accountability

Cumming, Joy, Kimber, Kay and Wyatt-Smith, Claire Maree. (2012). Enacting policy, curriculum and teacher conceptualisations of multimodal literacy and english in assessment and accountability. English in Australia. 47(1), pp. 9 - 18.

The mental health patient in the pre-hospital emergency care setting

Shaban, Ramon, Wyatt-Smith, Claire Maree and Cumming, Joy. (2012). The mental health patient in the pre-hospital emergency care setting. In In R Townsend and M Luck (Ed.). pp. 225 - 249 Elsevier.

Government Regulation of Nonpublic Schools in the United States (US)

Mawdsley, Ralph and Cumming, Jacqueline. (2012). Government Regulation of Nonpublic Schools in the United States (US). International Journal of Law and Education. 17(1), pp. 39 - 45.

Valuing Students with Impairment: International Comparisons of Pratice in Educational Accountability

Cumming, Jacqueline. (2012). Valuing Students with Impairment: International Comparisons of Pratice in Educational Accountability Springer.

Managing without public examinations: Successful and sustained curriculum and assessment reform in Queensland

Maxwell, Graham and Cumming, Jacqueline. (2011). Managing without public examinations: Successful and sustained curriculum and assessment reform in Queensland. In In Lyn Yates, Cherry Collins and Kate O-Connor (Ed.). pp. 202 - 222 Melbourne University Press.

The use of 'do not resuscitate' orders for students in US and Australian schools: Legal and policy considerations

Cumming, Joy. (2011). The use of 'do not resuscitate' orders for students in US and Australian schools: Legal and policy considerations. ANZELA: Sustainable Education, Schools, Families and Communities- Education Law and Policy Perspect. Australia: Australian and New Zealand Education Law Association.

Historic Australian conceptualisations of English, literacy and multimodality in policy and curriculum and conflicts with educational accountability

Cumming, Joy, Kimber, Kay and Wyatt-Smith, Claire Maree. (2011). Historic Australian conceptualisations of English, literacy and multimodality in policy and curriculum and conflicts with educational accountability. English in Australia. 46(3), pp. 42 - 53.

Assessment

Wyatt-Smith, Claire Maree, Cumming, Joy, Elkins, John and Colbert, Peta Jane. (2010). Assessment. In In D Pendergast and N Nahr (Ed.). Teaching middle years: Rethinking curriculum, pedagogy and assessment pp. 319 - 344 Allen & Unwin.

Establishment Clauses, Legislation and Private School Funding in the United States and Australia: Recent Trends

Cumming, Jacqueline Joy and Mawdsley, Ralph D.. (2009). Establishment Clauses, Legislation and Private School Funding in the United States and Australia: Recent Trends. International Journal of Law and Education.

Framing assessment today for the future: Issues and challenges

Cumming, Joy and Wyatt-Smith, Claire Maree. (2009). Framing assessment today for the future: Issues and challenges. In In C. H. Ng and P. Renshaw (Ed.). Educational assessment in the 21st century: Connecting theory and practice pp. 1 - 16 Springer.

Assessment challenges, the law and the future

Cumming, Jacqueline. (2009). Assessment challenges, the law and the future. In In C. Wyatt-Smith and J. Cumming (Ed.). Educational assessment in the 21st century: Connecting theory and practice pp. 157 - 179 Springer.

Educational Assessment in the 21st Century: Connecting Theory and Practice

Wyatt-Smith, Claire and Cumming, Joy. (2009). Educational Assessment in the 21st Century: Connecting Theory and Practice Springer.

The origins and development of education law as a seperate field of law in the United States and Australia

Mawdsley, Ralph D. and Cumming, Jacqueline Joy. (2008). The origins and development of education law as a seperate field of law in the United States and Australia. Australia & New Zealand Journal of Law & Education.

Legal and educational perspectives of equity in assessment

Cumming, Joy. (2008). Legal and educational perspectives of equity in assessment. Assessment in Education. 15(2), pp. 123 - 135. https://doi.org/10.1080/09695940802164168

Reliability of student informants and strip searches

Mawdsley, Ralph D. and Cumming, Joy. (2008). Reliability of student informants and strip searches. West's Education Law Reporter. 231(1), pp. 1 - 5.

Editorial

Cumming, Joy. (2008). Editorial. International Journal of Law and Education. 13(1), pp. 3 - 6.

Building a nation: Religion and values in the public schools of the USA, Australia and South Africa

Mawdsley, Ralph D., Cumming, Joy and de Waal, Elda. (2008). Building a nation: Religion and values in the public schools of the USA, Australia and South Africa. Education and the Law. 20(2), pp. 83 - 106. https://doi.org/10.1080/09539960802271391

Teacher judgment: Building an evidentiary base for quality literacy and numeracy education

Wyatt-Smith, Claire, Cumming, Joy, Elkins, John and Neville, Mary. (2006). Teacher judgment: Building an evidentiary base for quality literacy and numeracy education Griffith University.

Literacy teaching and learning in Victorian schools

Czislowski-McKenna, Ann T., Cumming, Joy, Wyatt-Smith, Claire Maree and Elkins, John. (2006). Literacy teaching and learning in Victorian schools Australia: Victoria Dept. of Education and Training.

Redesigning assessment

Wyatt-Smith, Claire, Cumming, Joy and Elkins, John. (2005). Redesigning assessment. In Teaching middle years: Rethinking curriculum, pedagogy and assessment pp. 271 - 299 Allen & Unwin.

Uncertainty, error and risk in human clinical judgment: Introductory theoretical frameworks in paramedic practice

Shaban, Ramon Z., Wyatt-Smith, Claire and Cumming, Joy. (2004). Uncertainty, error and risk in human clinical judgment: Introductory theoretical frameworks in paramedic practice. Australasian Journal of Paramedicine. 2(1), pp. 1 - 12. https://doi.org/10.33151/ajp.2.1.263

Key assessment issues for the future

Cumming, Joy and Wyatt-Smith, Claire. (2004). Key assessment issues for the future. Annual International Conference on Cognition, Language and Special Education Research. Australia: School of Cognition, Language and Special Education, Griffith University. pp. 219 - 229

Curriculum Literacies: expanding domains of assessment

Wyatt-Smith, Claire and Cumming, Joy. (2003). Curriculum Literacies: expanding domains of assessment. Assessment in Education. 10(1), pp. 47 - 59. https://doi.org/10.1080/0969594032000085749

Literacy and the Curriculum: Success in Senior Secondary Schooling

Cumming, Joy and Wyatt-Smith, Claire. (2001). Literacy and the Curriculum: Success in Senior Secondary Schooling Australian Council for Educational Research.

A multi-theoretical and multi-disciplinary approach to literacy education and curriculum research

Cumming, Joy and Wyatt-Smith, Claire. (2001). A multi-theoretical and multi-disciplinary approach to literacy education and curriculum research. In Literacy and the Curriculum: Success in Senior Secondary Schooling pp. 2 - 10 Australian Council for Educational Research.

Educational malpractice and setting damages for ineffective teaching: A comparison of legal principles in the USA, England and Australia

103

0

1

0

Export as

Related outputs