Is it Time to Say Goodbye to Bolam Test in Medical Law - Free Essay Example

Sample details Pages: 8 Words: 2375 Downloads: 5 Date added: 2017/06/26 Category Law Essay Type Analytical essay Level High school Did you like this example? Is it time to say bye-bye Bolam in medical law? Date authored: 9 th June, 2014 The test which has become enshrined in law as the benchmark by which medical negligence is assessed follows the 1957 ruling in the case of Bolam v Friern Hospital Management 1. Referred to since simply as the Bolam test it determined that a member of the medical profession will not be guilty of negligence if he or she exercised reasonable care in accordance with a practice accepted as proper by a responsible body of medical opinion. Therefore in order to satisfactorily defeat a claim of clinical negligence under Bolam a healthcare professional is required to do nothing more than adduce evidence from the respected peers from his or her speciality who agree with the standard of practice which is the subject of the action. This means that a defendant doctor will not be deemed to have been at fault providing his or her course of action is one that is professionally backed by colleagues despite the fact that other members of the medical may take an opposing view. This essay wi ll examine the effect of Bolam and address the question of whether its precedent represents a relic from a bygone era which no longer has a place in a modern legal system or whether it adequately serves society by striking a necessary balance between the medical profession and the patients to whose care they are entrusted. One of the main drawbacks of the Bolam test is that it gives legal sanction to a self-regulatory system that operates for the benefit of clinicians in that it is the medical profession themselves and not the courts that decide the yardstick by which reasonable practice is measured. In a departure from its usual role as arbiters of what proper standards of care should be the courts are consequently relegated to a passive, acquiescent role compliantly rubber stamping medically determined definitions of reasonable clinical practice. Bolam also provides a cloak of protection around medical practitioners in that it places an often insurmountable challenge on c laimants to show that no responsible body of professional opinion exists that would advocate the course of conduct under question. Although doctors may take the view that the course of action being considered may not have been one that they would themselves have adopted they may feel reluctant to go further and go on record to officially opine that the conduct of a colleague was actually below the levels that should be expected. This obstacle to proving liability inevitably acts to discourage claimants from pursuing cases and renders it highly problematic for legal practitioners to advise on the likely success of the claims in those that do. When examining the power and control Bolam affords the medical fraternity it perhaps comes as no surprise that its ruling came only nine years after the birth of the National Health Service when the appointed omnipotence and lofty pedestal upon which doctors were placed by a grateful public was at its highest and was reflected by judici al attitudes that viewed the risk of medical negligence asâ€Å"a dagger at the doctors back† 2. Bolam itself involved damages claimed for the injuries sustained by a patient during electro-convulsive therapy for the treatment of mental illness, a remedy which itself fell into serious disrepute and viewed as outmoded since the 1970s. 3 It set the legal standard during a period in which the conduct of doctors went largely unchallenged and was automatically judged to be motivated by medical goodwill and professional integrity. 4 Post Bolam society has gradually undergone a radical and fundamental change with a wealthier and more educated and informed public and a doctor / patient relationship which has broadly transformed from that of humble appreciation to one of high demand and expectation. 5 Following a shift change towards a rights based society and the promotion of core values protecting the individual right to fair and just treatment the public increasingly expect a consistent and proper method of redress and regulation when systems are shown to have failed them. High profile and shocking scandals involving the corrupt, dishonest and even criminal behaviour of medical practitioners have also acted to massively shake public confidence and trust in a body of professionals previously presumed to operate only with the highest principles of morality and virtue. These include serious cases such as those of notorious murderer Dr Harold Shipman, Dr Andrew Wakefield who published a fraudulent research paper falsely claiming a link between the MMR vaccine and the appearance of autism and bowel disease, gynaecologist Rodney Ledward who was struck off for a number of offences including poor quality of clinical care and carrying out unnecessary medical procedures and that of Richard Neale another gynaecologist found guilty of failing to provide appropriate care to patients and lying about his qualifications. 6 In the four decades that followed Bo lam its prerogative was largely unchallenged with any endeavours by the lower courts to expand on its principle proving futile and leading to a swift overrule and reinstatement by the House of Lords that the standard of care to be decided was a matter for medical judgement.7 However in the late 1990s just prior to the introduction of the Human Rights Act 1998 and perhaps following a recognition of changing public attitudes and the erosion of deference afforded to the medical profession, the House of Lords examined the central issue of Bolam in Bolitho v City Hackney Health Authority 8 and chose to look at the question of whether it is the courts or the medical profession which exercised supreme authority over what amounted to the standard of care demanded of clinicians. In that case their lordships ruled that the medical profession would only escape liability for their actions if the expert witness testimony of peers on which they sought to rely was found by the court to be l ogical and reasonable. Although the judgement affirmed that the final say was with the courts Lord Browne-Wilkinson somewhat mitigated its force when he stated that it would be rare that the courts would find a competent medical expert to be unreasonable. 9 Notwithstanding forecasts for its scarce application Bolitho does allow for the judicial scrutiny of expert evidence rather than mere endorsement and gives the courts authority to prefer the testimony of one body of experts over another. In an examination of case law post Bolitho, McClean 10 found that the case was sparingly referred to and that the courts still appeared to be more inclined to follow the standard form of Bolam without utilising Bolitho permitted analyses of professional opinion. Mulheron11 however concluded that that Bolithos influence could be seen despite the fact that it was not often openly acknowledged. It is worth noting that the logic of expert medical evidence has been directly examined in some c ases that have led to findings of negligence where they would previously have been afforded a harbour of sanctuary under Bolam. In Reynolds v North Tyneside Health Authority12 the court followed Bolitho and held that expert testimony that supported a practice that was untenable lacked a logical basis and accordingly could not be defended. In Penney v East Kent Health Authority13 a case that concerned false negative cervical screen results, the courts ruled on the basis of what the actions of the screener should have been when exercising reasonable care and rejected the defendants expert testimony that the slides could have been reported as negative- on the basis that it was inconsistent with public confidence and illogical. Considerations of public policy have previously played a part in judicial unwillingness to set a more prescriptive standard for doctors out of fears that it will result in overly defensive medicine in that clinicians will avoid getting involved with m ore pioneering and radical treatments due to fears of litigation. The Medical Innovation Bill championed by Lord Saatchi and currently in the consultation stage seeks to replace the Bolam test on the basis that it actually creates an unnecessary restriction on doctors by preventing them from deviating from normal practice in order to explore and develop new innovative techniques and surgical procedures14. The Bill which claims to prioritise the best interests of the patient proposes legislation permitting the medical profession to retreat from accepted medical practices in particular circumstances which include the existence of a plausible reason, an assessment of the risks associated with the proposed treatment and a full multi-disciplinary discussion. The Bill has received a great deal of criticism from the medical profession itself who feel that it is unnecessary and fear that it will compromise patient safety and â€Å"encourage quackery†15. The chairman of the British Medical Association, Dr Mark Porter commented, â€Å"At present, the law on medical negligence is framed to deter clinical interventions that might harm patients out of proportion to the potential benefits. The BMA is not aware of any evidence that shows this has stopped innovative and potentially successful treatments being trialled†16. Whilst medical advances must not be stifled the aims of law surrounding medical negligence litigation must do more than cover the back of the doctor. It is difficult to see how Bolam can be criticised for curtailing medical progress when its test is met merely on the basis of peer support. As argued by Dr Gerard Panting, â€Å"Fear of litigation has been cited as the driving force behind defensive medicine. But would that be so bad? If it causes one clinician to seek that views of a second†¦Ã¢â‚¬ ¦I, as a patient, am all for that†17. The question of determining whether standards of care have been sufficiently reac hed by members of the medical profession in clinical negligence cases will always be a formidable one for the courts given the undeniably complex and highly technical issues often in question. In an arena where developments are ever evolving and fast paced and concern practices that sometimes defy reliable determinants and cannot always be explained with complete scientific accuracy the answers to legal questions examining the adequacy of levels of care will inevitably heavily depend upon the views of the medical fraternity itself. In such circumstances it is difficult to imagine a fair and just system of medical litigation which does not apply a Bolam type test which accordingly makes it difficult to eliminate. Legislation that provides greater liberty for the medical environment to play God with unregulated experimentation which would unavoidably compromise patient safety seems a backward step and a return to patternalism which is unjustified. Notwithstanding an acknowledge ment and sympathy for the complicated and highly specialised topics often faced by the courts in medical litigation Bolam must not be used to allow judges to abdicate responsibility for ensuring that proper standards of care are being followed. If forcefully applied and fully embraced Bolitho represents an opportunity for the courts to apply a healthy check and balance to the vulnerabilities of Bolam and to ensure that it is not used to legitimise and maintain unsound, antiquated or shoddy practices of patient treatment simply on the basis that it is supported by fellow practitioners. Don’t waste time! Our writers will create an original "Is it Time to Say Goodbye to Bolam Test in Medical Law" essay for you Create order Bibliography Alghrani A, Bennett R, Ost S, â€Å"The Impact of the Loss of Deference towards the Medical Profession† Bioethics, Medicine and the Criminal Law Volume I (Cambridge University Press 2012) BMA News â€Å"Medical innovation bill allows reckless practice† (15th May 2014) http:/www.bma.org.uk accessed 1 st June 2014 Carr C, Unlocking Medical Law and Ethics (Routledge 2012) Crossley J, â€Å"BMA takes scalpel to Saatchi Bill† (Zenith PI 27th May 2014) https://www.zenithwordpress.com accessed 1st June 2014 Dixon-Woods M, Yeung K, Bosk C, â€Å"Why is UK medicine no longer a Self regulating profession? The role of scandal involving â€Å"bad apple† doctors† Social Science and Medicine xxx (2011) 1-8 Harpwood V, Medicine, Malpractice and Misapprehensions (Routledge Cavendish 2007) Lord Woolf â€Å"Are the Courts excessively deferential to the medical profession?† (2001) 9 Medical Law Review 1 McCartney M, â€Å"Withdraw Saatchis quackery bill† British Medical Journal 29th April 2014 McClean A, â€Å"Beyond Bolam and Bolitho† 2002 5 Med L International 205 Mulheron R, (2010) â€Å"Trumping Bolam : A Critical Legal Analysis of Bolithos Gloss.† Cambridge Law Journal 69, 609-638 Panting G, â€Å"Doctors on the defensive† The Guardian (1st April 2005) Saatchi M, â€Å"We must liberate doctors to innovate.† The Telegraph 26th January 2013 Stone C, â€Å"From Bolam to Bolitho : unravelling medical protectionism† Medical and Legal Limited https://www.medicalandlegal.co.uk accessed 27th May 2014 2013 Table of cases Bolam v Friern Hospital Management Committee[1957] 2 All ER 118 Bolitho v City and Hackney Health Authority Hatcher v Black The Times 2nd July 1954[1997] 4 All ER 771 Maynard v West Midlands Regional Health Authority [1985] 1 All ER 635 Penney v East Kent Health Authority [2000] 55 BMLR 63 Reynolds v North Tyneside H ealth Authority [2002] Lloyds Rep Med Sidaway v Bethlem Royal Hospital Governors [1985] AC 871 Whitehouse v Jordan [1981] 1 All ER 267 1 [1957] 2 All ER 118 2 as per Lord Denning, Hatcher v Black The Times 2nd July 1954 3 Gary Null â€Å"Electroconvulsive Therapy: A Second Opinion.† 16th April 2010 p.5 4 Christopher Stone â€Å"From Bolam to Bolitho : unravelling medical protectionism.† Medical and Legal Limited https://www.medicalandlegal.co.uk accessed 27th May 2014 5 Lord Woolf â€Å"Are the Courts excessively deferential to the medical profession?† (2001) 9 Medical Law Review 1; see also A. Alghrani, R. Bennett S Ost, â€Å"The Impact of the Loss of Deference towards the Medical Profession† Bioethics, Medicine and the Criminal Law Volume I (Cambridge University Press 2012); Vivienne Harpwood, Medicine, Malpractice and Misapprehensions (Routledge Cavendish 2007) 6 Dixon-Woods M, Yeung K, Bosk C, â€Å"Why is UK medicine no longer a Self regulating profession? The role of scandal involving â€Å"bad apple† doctors† Social Science and Medicine xxx (2011) 1-8 7 see Whitehouse v Jordan [1981] 1 All ER 267; Maynard v West Midlands Regional Health Authority [1985] 1 All ER 635; Sidaway v Bethlem Royal Hospital Governors [1985] AC 871 (4) [1997] 4 All ER 771 8 [1997] 4 All ER 771 9 ibid at 779 10 Alistair McClean, â€Å"Beyond Bolam and Bolitho† (2002) 5 Med L International 205 11 Rachael Mulheron (2010) â€Å"Trumping Bolam : A Critical Legal Analysis of Bolithos Gloss.† Cambridge Law Journal 69, 610-637. See also Carr C, Unlocking Medical Law and Ethics (Routledge 2012) p.11 12 [2002] Lloyds Rep Med 459 13 [2000] 55 BMLR 63 14 Maurice Saatchi, â€Å"We must liberate doctors to innovate.† The Telegraph 26th January 2013 15 Margaret McCartn ey, â€Å"Withdraw Saatchis quackery bill† British Medical Journal 29th April 2014; see also Justin Crossley, â€Å"BMA takes scalpel to Saatchi Bill† (Zenith PI 27th May 2014) https://www.zenithwordpress.com accessed 1st June 2014 16 BMA News â€Å"Medical innovation bill allows reckless practice 15th May 2014 17 Gerald Panting â€Å"Doctors on the defensive† The Guardian (1st April 2005)

Assess the Extent to Which Social Policies Reflect and...

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An example of a policy is the Civil Partnership Act which was introduced to allow couples of the same sex to have a legal relationship, similar to that of married couples. This promotes same sex relationships an d also makes their rights more equal to those of heterosexual couples, which supports and encourages family diversity. Another key example of a policy which supports family diversity is the change made to adoption laws in 2002, which allowed gay couples to now adopt children, again making the rights of gay couples and heterosexual couples more equal. The New Labour approach recognises that due to social change, social policies cannot be introduced to support nuclear families because the reality is that most households in the UK are not nuclear. They recognise that nowadays, both parents tend to act as dual earners in the family and it is now less common for women to be the long-term housewife and child carer. 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Essay on Emotions Associated With Every Color - 608 Words

In the winter there isn’t much color. The trees are bare, the sky is gray and everything is covered in white snow. Personally, I feel that winter is gloomier than summertime. I feel this way because of the colors surrounding us. The dullness of colors during the winter time seem to make things more bland and less cheerful. The bright colors from spring and summer seem to make most people happier and cheerful. Although, each color could have both a positive and a negative feel to it, it just ranges by the person who views it. People associate different emotions with different colors. Three categories I will be explaining are cool, warm and neutral colors. Blue, green and purple are the three main cool colors that people associate emotions†¦show more content†¦Frivolity and immaturity are often negative associations to orange.(Wright) Yellow is the most emotional color. It can be an emotionally strong color or emotionally fragile color. 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Contmeporary Ethnic Wear The Indian Sari - 876 Words

Be the sparkle that casts a spell. Subtitle-Celebrate life’s precious moments with timeless elegance. There’s a light when you want to make the world as your own. There’s an aura when you make the world as a stage. This is a new dawn when you allow the world to stare and smile at you. Certainly, you can create a multi-layered appeal through your elegance and extremely charming appeal. Imagine your true color with high-definition; get a stunning and sensational look through the ancient essence of Indian apparel; sari. We tell you how to break the rules and cast a spell of elegance by the contemporary ethnic wear. Indian Sari, with all its classic appeal and new evolution, is simply a treasure chest offers a distinct range of colored elegance, beauty and grace. The vast range of traditional clothing from bold and beautiful classic collection to simple design all is simply to pamper your every moment. Let’s take a look how much your beauty gets appreciation by some tips on wearing the long unique cloth. North Indian Styles You can look breathtaking by the decorative part of Gujarati or north Indian sari. Its specialty lies in its amazing arrangement of pale (the end part), placed at right shoulder. You can wear North Indian Sari in any traditional wedding. It is Well-suited for young women to middle-aged women. Extremely suitable for those who are conscious of their belly fat. It is a style blended with tradition. Dakshini style/south I Indian style - exquisite designs

Teaching Is An Art For The Teachers Free Essays

Teaching is an art for the teachers who spend all their love to students. Teaching is not only the way to deliver their knowledge but also teach them how to behave and success in their future. After learning teaching method course. We will write a custom essay sample on Teaching Is An Art For The Teachers or any similar topic only for you Order Now I gain some experiences for myself. To be successful in teaching, found out that discipline is one of the most important role. Then, lesson plan must prepared carefully and the lesson should be easy and interesting. First of all, my first question when I attended some classes in my observation that is why discipline is important. It is because it creates safe learning environment for both students and teachers. Discipline is of great importance in schools. If there is no discipline in schools, it is not possible to imp education effectively. It is necessary to maintain law an order in the society. The teacher can inspire lessons effectively without classroom disruption, and students can receive a quality education without constant distractions. Discipline is the training of the mind and character. It must be instilled in us from very young age. It must begin at home and continued in school. Secondly, Planning and preparing for instruction is the best way to ensure that a lesson is implemented smoothly. The reason why that is when you start teaching without preparing the lesson carefully, you will recognize how difficult it really is to communicate instructional content to a classroom full Of students. Then you do not feel frustrated. However, preparing the lesson is eke a plan that help you know what you going to say in order and it is easy to follow when you teach, and you will not miss any information that you want to tell the student. Prepared the lesson plan carefully not only make you minimize your mistakes when you teach the students, but also help you feel comfortable to be in class. Finally, an effect way to teach that is to make the lesson as simple as you can by using simple words or words and grammars that you know the students are already known. Why? It not only help the dents review the words but also grammar, so they can be interested in the lesson. They want to learn and they feel comfortable to communicate. Also, you can start by telling them a funny story which is related to the lesson and suitable for their level. You can make the lesson more interesting by interacting with the students as asking them to guess the words in the situation or role play. How to cite Teaching Is An Art For The Teachers, Papers

National Crisis Essay Example For Students

National Crisis Essay National CrisisOur society is being forced to deal with uneducated, illiterate high school graduates. You may ask how is a high school graduate so ill prepared for the world. Have you ever been to a store where a young person, maybe a high school student is the sales associate and the register shuts down right before you receive your change? Did you notice the look of panic on their face because they were not sure how much change you were supposed to receive? It is because of the national crisis, social promotion that can be accredited to this dependency on everything except their educated brain’s. We as educated people must help find a way to save our children from wasting their academic careers due to social promotion. Truly embracing the idea that all children can learn and making sure that all children do, requires that we all take responsibility for ending social promotion. (www.ed.gov) If we accept and aim to prove that all people are capable of learning life’s ba sic necessities we will start breaking down the wall of stupidity social promotion has built. Social promotion, the national crisis, is the promotion of students to the next grade level without mastery of their current curriculum. (www.ncrel.org) More than half of teachers surveyed in a recent poll stated that they had promoted unprepared students in the last school year, often because they see no alternative. (www.ed.gov) If a teacher sees no option for a student other than failing or socially promoting them, the teacher generally promotes them, because it goes over easier with in society and authority. This is essentially depleting the educational standards of our country. Standards are lowered as students are continually cheated of the material necessary to independently survive in the real world. The realization that I was cheated by social promotion finally came about my senior year of high school. As far back as I can remember I have had problems with math, but I passed every year up until I met Coach Taylor. He was a nonconformist in nearly every sense of the word. He definitely did not jump on the bandwagon of socially promoting students. I learned the hard way about the true aftermath of social promotion that year. I was held accountable for things I didnt know. Therefore, I was fairly distraught to discover I wouldnt be graduating with all my friends. Id be alone in summer school and when I received my diploma in the mail. Not only was I cheated of skills, I was cheated of the excitement and memories of walking across the stage as everyone applauded. I now am still suffering for my undeserved promotion as I take remedial high school math in college. Students are not the only victims of social promotion. Schools, teachers and businesses are also indirectly cheated by thi s national crisis. Students who are below level because of social promotion lack the ability to perform menial daily tasks. 340,000 high school graduates a year do not have enough knowledge to balance a checkbook or write a letter to a credit card company regarding a billing error. (www.ed.gov) Social promotion sends a message to students that little is expected from them, that they have little worth, and that they do not warrant the time and effort it would take to help them be successful in school. (www.ed.gov) One third of students being below the basic level of proficiency (www.ed.gov) forces teachers to cheat the on level students of new material. Teachers must re-teach old lessons or skip over portions of current lesson plans because some students dont know or werent exposed to the necessary material to comprehend new lessons. When teachers re-teach because they care about the students successful education, it creates a repetitive cycle of social promotion. This cycle is put i nto motion because the current teacher has not met their original lesson plans. The student is again unprepared for the next grade level. Due to unprepared students, schools rank low on standardized tests, which creates a bad reputation nationally. Parents looking into schools for their children dont want to purposely send their child to a low ranking school. Businesses lack confidence in an applicant holding only a high school diploma as proof of requisite skills. (www.ed.gov) Large sums of money must be allotted to remedial training courses for workers of the socially promoted generation. .uda5b86f13836e04cd3c63ea12ed3c7a0 , .uda5b86f13836e04cd3c63ea12ed3c7a0 .postImageUrl , .uda5b86f13836e04cd3c63ea12ed3c7a0 .centered-text-area { min-height: 80px; position: relative; } .uda5b86f13836e04cd3c63ea12ed3c7a0 , .uda5b86f13836e04cd3c63ea12ed3c7a0:hover , .uda5b86f13836e04cd3c63ea12ed3c7a0:visited , .uda5b86f13836e04cd3c63ea12ed3c7a0:active { border:0!important; } .uda5b86f13836e04cd3c63ea12ed3c7a0 .clearfix:after { content: ""; display: table; clear: both; } .uda5b86f13836e04cd3c63ea12ed3c7a0 { display: block; transition: background-color 250ms; webkit-transition: background-color 250ms; width: 100%; opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #95A5A6; } .uda5b86f13836e04cd3c63ea12ed3c7a0:active , .uda5b86f13836e04cd3c63ea12ed3c7a0:hover { opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #2C3E50; } .uda5b86f13836e04cd3c63ea12ed3c7a0 .centered-text-area { width: 100%; position: relative ; } .uda5b86f13836e04cd3c63ea12ed3c7a0 .ctaText { border-bottom: 0 solid #fff; color: #2980B9; font-size: 16px; font-weight: bold; margin: 0; padding: 0; text-decoration: underline; } .uda5b86f13836e04cd3c63ea12ed3c7a0 .postTitle { color: #FFFFFF; font-size: 16px; font-weight: 600; margin: 0; padding: 0; width: 100%; } .uda5b86f13836e04cd3c63ea12ed3c7a0 .ctaButton { background-color: #7F8C8D!important; color: #2980B9; border: none; border-radius: 3px; box-shadow: none; font-size: 14px; font-weight: bold; line-height: 26px; moz-border-radius: 3px; text-align: center; text-decoration: none; text-shadow: none; width: 80px; min-height: 80px; background: url(https://artscolumbia.org/wp-content/plugins/intelly-related-posts/assets/images/simple-arrow.png)no-repeat; position: absolute; right: 0; top: 0; } .uda5b86f13836e04cd3c63ea12ed3c7a0:hover .ctaButton { background-color: #34495E!important; } .uda5b86f13836e04cd3c63ea12ed3c7a0 .centered-text { display: table; height: 80px; padding-left : 18px; top: 0; } .uda5b86f13836e04cd3c63ea12ed3c7a0 .uda5b86f13836e04cd3c63ea12ed3c7a0-content { display: table-cell; margin: 0; padding: 0; padding-right: 108px; position: relative; vertical-align: middle; width: 100%; } .uda5b86f13836e04cd3c63ea12ed3c7a0:after { content: ""; display: block; clear: both; } READ: Drug And Club EssayThere are many suggested ways to end social promotion according to and executive summary found at www.ed.gov. The setup of curriculum and testing should be changed to be more firm and less biased. Extensive progress reporting as a communication tool between students, teachers and parents should also be mandated on a regular basis. A pop national test should be given for the next several years to possiblly clean the system (school) of the socially promoted generation. Without preparation for this test, we can more accurately determine the level or skill group of a student. Results of tests could place the student in the appropriate multiage looping skill group (MALSG). MALSG is a concept that I have made up with the help of two individual proposals various age groups and looping. MALSG combines students of various ages with similar weaknesses and strengths with the concept of looping keeping the students and teachers together for an extended number of years. The curriculum should be determined the year before for the multiage looping skill groups. The curriculum can then be submitted to a testing company so that tests can be made based entirely on that curriculum. (Jessness p266) This would require the teacher to meet the curriculum or experience mass failure of the MALSG. Perhaps the mass failure would be an indication that the teacher is not meeting his or her objectives. Teachers would not be allowed to view the tests until the actual testing date, reducing the possibility of a teacher unethically influencing the results of the examination. After the tests are administered, they should be sent back to the testing company for gra ding. Schools should not be provided with an answer key to avoid the possibility or temptation to socially promote. Skill groups that have successfully mastered all curriculum requirements should take a comprehensive test in order to graduate. This test should include material from the lowest level to the highest level of skill groups. The tests would free teachers from the pressure to adjust the content of their courses and would assure students and their parents that the standard for each course is fixed, not floating. If Hamlet is tested, then Hamlet, not popsicle-stick or macaroni art will be taught. (Jessness p.26)Another end to the national crisis would be the implementation of an extensive progress reporting system. The first report of the system is students writing their own mandatory personal progress report each week. Concentrating on two areas at a time would give a more targeted look at the student’s needs. This report would include two primary weaknesses the student currently notices. Additionally, the student should identify two other areas where they feel they could use impro vement. They should also list any strengths or areas for which they feel special recognition is warranted. Students should also include suggestions or ideas for improvement, which the teachers would evaluate. Teachers should attempt to implement the suggestions, where practical, in an effort to create more personalization within the multiage looping skills group. A monthly report for parents with a return signature upon receipt letter is the second type of report within the system. These reports would increase parental awareness and involvement. The reports would include a listing of the months test and quiz scores, personal student goals set for the following month, as well as the goals accomplished in the prior month. A complete listing of class objectives for the upcoming month would also be included. This list would show parents what is expected of their child regarding assignments, readings, and tests or quizzes before they fall behind in class. This report would be mailed home with instructions for the parent to sign a form or telephone the school indicating receipt of the report. .ue1ffb5dd569642d33c011c8ba54652bf , .ue1ffb5dd569642d33c011c8ba54652bf .postImageUrl , .ue1ffb5dd569642d33c011c8ba54652bf .centered-text-area { min-height: 80px; position: relative; } .ue1ffb5dd569642d33c011c8ba54652bf , .ue1ffb5dd569642d33c011c8ba54652bf:hover , .ue1ffb5dd569642d33c011c8ba54652bf:visited , .ue1ffb5dd569642d33c011c8ba54652bf:active { border:0!important; } .ue1ffb5dd569642d33c011c8ba54652bf .clearfix:after { content: ""; display: table; clear: both; } .ue1ffb5dd569642d33c011c8ba54652bf { display: block; transition: background-color 250ms; webkit-transition: background-color 250ms; width: 100%; opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #95A5A6; } .ue1ffb5dd569642d33c011c8ba54652bf:active , .ue1ffb5dd569642d33c011c8ba54652bf:hover { opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #2C3E50; } .ue1ffb5dd569642d33c011c8ba54652bf .centered-text-area { width: 100%; position: relative ; } .ue1ffb5dd569642d33c011c8ba54652bf .ctaText { border-bottom: 0 solid #fff; color: #2980B9; font-size: 16px; font-weight: bold; margin: 0; padding: 0; text-decoration: underline; } .ue1ffb5dd569642d33c011c8ba54652bf .postTitle { color: #FFFFFF; font-size: 16px; font-weight: 600; margin: 0; padding: 0; width: 100%; } .ue1ffb5dd569642d33c011c8ba54652bf .ctaButton { background-color: #7F8C8D!important; color: #2980B9; border: none; border-radius: 3px; box-shadow: none; font-size: 14px; font-weight: bold; line-height: 26px; moz-border-radius: 3px; text-align: center; text-decoration: none; text-shadow: none; width: 80px; min-height: 80px; background: url(https://artscolumbia.org/wp-content/plugins/intelly-related-posts/assets/images/simple-arrow.png)no-repeat; position: absolute; right: 0; top: 0; } .ue1ffb5dd569642d33c011c8ba54652bf:hover .ctaButton { background-color: #34495E!important; } .ue1ffb5dd569642d33c011c8ba54652bf .centered-text { display: table; height: 80px; padding-left : 18px; top: 0; } .ue1ffb5dd569642d33c011c8ba54652bf .ue1ffb5dd569642d33c011c8ba54652bf-content { display: table-cell; margin: 0; padding: 0; padding-right: 108px; position: relative; vertical-align: middle; width: 100%; } .ue1ffb5dd569642d33c011c8ba54652bf:after { content: ""; display: block; clear: both; } READ: Packaging and Labeling of Coca Cola EssayAmericans want quality education, but when lower grades and high failure rates reach their own childrens classes, they rebel and schools relent. Americans hate public education because standards are low but love their local schools because their children perform so well there. (Jessness p.265) The national crisis of social promotion is the only reason ignorant and ill-prepared students are making good grades and performing so well in their local schools. It is time to put an end to the fairy tale social promotion briefly creates. We all must realize this change in our schools is only for the better. If we change our school system we will save the country from experiencing possibly the worst national crisis ever; accepted and self inflicted stupidity. Current Events