“Educational Malpractice”

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WI Court of Appeals – District III

Case Name: Michelle Jauquet v. Green Bay Area Catholic Education, Inc.

Case No.: 2021AP000896

Officials: Stark, P.J., Hruz and Gill, JJ.

Focus: “Educational Malpractice”

Michelle Jauquet, as legal guardian of Alex, appeals from a circuit court order granting Green Bay Area Catholic Education, Inc.’s (GRACE) motion to dismiss her amended complaint for failure to state a claim upon which relief can be granted pursuant to WIS. STAT. § 802.06(2)(a)6. (2019-20). Jauquet sued GRACE alleging claims for common law negligence, negligent infliction of emotional distress, and breach of contract based on GRACE’s handling of bullying behavior that Alex experienced while attending one of GRACE’s schools. Following Jauquet’s submission of an amended complaint, GRACE moved to dismiss for failure to state a claim, arguing that Jauquet alleged that GRACE had engaged in educational malpractice, a type of claim not recognized in Wisconsin; that Jauquet failed to allege sufficient facts in her amended complaint for each element of her alleged claims; and that Jauquet’s negligence claims are barred by public policy.  The court agrees. GRACE’s policies and representations do “not promise students and parents that attendance at the school guarantees the complete absence of bullying conduct, nor that every student engaging in such conduct will be disciplined in a particular manner.”

Affirmed.

Decided 11/29/22

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