This post was written by a lawyer who also earned an MAT in secondary education. Writing as a lawyer, informed by her Ed school experience, she says that Arne’s plan to punish education colleges if the students of their graduates don’t get high test scores is “asinine.”

 

She explains:

 

“Now, please bear with me. Out here in lawyer-land, there’s a slippery concept that every first year law student must wrap her head around: it’s the idea of distinguishing between actual (or “but for”) causation and proximate (or “legal”) causation. Actual causation is any one of a vast link in the chain of events from the world was created to Harold injured me by hitting me, that, at some level, whether direct or attenuated, “caused” my injury. For instance, Harold couldn’t have hit me if the world hadn’t been created, because if the world hadn’t been created, Harold wouldn’t exist (nor would I), and therefore I never would have been hit by Harold. So, if actual or “but for” causation was legally sufficient to hold someone responsible for an injury, I could try suing “the Creator,” as if the Creator is somehow at fault for Harold’s decision to hit me.

 

Well, that’s preposterous, even by lawyer standards, right?

 

The law agrees with you: the Creator is too far removed from the injury, and therefore cannot be held legally responsible for it.

 

So to commit a tort (legal wrong) against someone else, it isn’t sufficient that the wrong allegedly committed actually — at some attenuated level — caused the injured’s injury (i.e., that the injury would not have happened “but for” some cause). Instead, the wrong must also be proximally related to that injury: that is, there must be a close enough tie between the allegedly negligent or otherwise wrongful act and the injury that results. So while it would be silly to hold “the Creator” legally responsible for Harold hitting me, it would not be similarly silly to hold Harold responsible for hitting me. Harold’s act was not only an actual or “but for” cause of my injury, it was also an act closely enough related to my injury to confer legally liability onto Harold. This is what we lawyers call proximate (or legal) causation: that is, proximate causation is an act that is a close enough cause of the injury that it’s fair — at a basic, fundamental level — to hold the person who committed that injurious act legally responsible (i.e., liable to pay damages or otherwise make reparations) for his act. [As an aside to my aside, if this sort of reasoning makes your head explode, law school probably isn’t a great option for you.]

 

Well, it appears that Arne Duncan would have failed his torts class. You see, Arne didn’t get the memo regarding the distinction between actual causation and proximate causation. Instead, what Arne proposes is to hold teacher prep programs responsible for the performance of their alumni’s K-12 students (and to punish them if their alumni’s students don’t measure up). Never mind the myriad chains in the causation link between the program’s coursework and the performance of its graduates’ students (presumably on standardized tests). Arne Duncan somehow thinks that he can proximally — fairly — link these kids’ performance not just to their teachers (a dicey proposition on its own), but to their teachers’ prep programs. Apparently Arne can magically tease out all other factors, such as where an alumna teaches, what her students’ home lives are like, how her students’ socio-economic status affects their academic performance, the level of her students’ intrinsic motivation, as well as any issues in the new alumna’s personal life that might affect her performance in the classroom, and, of course, the level of support provided to the new alumna as a new teacher by her department and administration, and so forth. As any first year law student can tell you, Arne’s proposal is asinine, as the alumna’s student’s test results will be so far removed from her teaching program’s performance that ascribing proximate causation from the program to the children’s performance offends a reasonable person’s sense of justice. [Not to mention the perverse incentives this would create for teaching programs’ career advising centers — what teaching program would ever encourage a new teacher to take on a challenging teaching assignment?]”

 

But that isn’t all. She compares her experience in her education school to her experience in law school and says that the education courses were far more practical than the law school and did a better job preparing her for the real world.