If an individual is wondering how they can sue a school district in Alabama, it can be very helpful to consult with a local attorney in Alabama. Lawyers to sue a school district can help an individual in Alabama follow the proper steps for suing a private school or suing a public school.
Determining whether the school is public or private is important, as the procedures for suing the different types of schools are different. If the individual does not follow the proper procedures for the type of school they are suing, their claim may be dismissed in court.
Although an individual may want to sue a school for many different reasons, only certain causes of action can be used against a school. A lawyer in the individual’s area can provide them with legal advice and the requirements for suing a school district in Alabama.
How Do I Report a School in Alabama?
If an individual needs to report a school in Alabama, they can contact the Alabama Department of Education for more information. If an individual needs assistance finding the correct information, contacting this department, or filing a claim, a lawyer can help.
To Sue a School District, You Need to Identify Your “Cause of Action”
When suing a school district, the plaintiff, or individual filing a lawsuit against a school district, has to have a set of facts that will serve as the basis for their lawsuit, such as:
- Negligence: When suing a school or district for negligence, the issue is whether or not the student’s injury was a foreseeable one;
- Sexual harassment and misconduct: Sexual harassment and misconduct claims involve verbal acts or physical acts that are sexual in nature that may occur between a teacher and a student or between other faculty members;
- Disabilities and special education programs: Pursuant to the Individuals with Disabilities Education Act, schools are required to follow specific regulations for students who have disabilities, including establishing special education programs;
- Discrimination: Discrimination happens when a school or school district engages in selective admission practices, meaning they are accepting or denying students for entry based on a characteristic that is protected under constitutional law and federal law, such as:
- National origin;
- Race;
- Gender;
- Others;
- Other causes of action: Additional causes of action that can be used in a lawsuit against a school district may include:
- Personal injury actions that involve school employees;
- Improper expulsion of students;
- Failing to return a student’s personal property in the required time frame;
- Other issues that may come up involving a school or school district.
Every school, public and private, has a duty of care to exercise reasonable supervisory care for the safety of the students at the school. Because of this duty, schools may be liable for injuries resulting from failing to supervise.
This duty to supervise includes providing supervision during lunch and recess because it is foreseeable that an injury may occur if students are in unattended groups during these free periods. If students are in groups or engaging in activities during which an injury would reasonably occur, even if it is before or after school hours, the school may still have a duty to supervise.
Important Step to Sue a School: File an Administrative Complaint Before You File a Lawsuit Against the School
If an individual is going to file a lawsuit against a school, especially a public school, there will likely be steps they must take before filing their lawsuit against the school. This usually means they have to file an administrative complaint as well as exhaust any other administrative processes to try and resolve the issue.
An administrative complaint is submitted to an agency, such as the Department of Education. These complaints typically include what the individual believes occurred, evidence supporting their claims, and how they would like to resolve the issue.
The agency will complete an investigation of the claims and try to resolve the issues. Once all available administrative remedies are complete, if the individual is not satisfied with the results, they may file a lawsuit.
Before filing the lawsuit, they will be required to notify the school in writing that a lawsuit will be filed.
How Much Does It Cost to Sue a School?
The cost of suing a school will vary based on many different factors, including:
- Lawyer’s fees;
- The typical practice area of the attorney;
- Fees for filing in court;
- The issues in the case;
- Costs of deposition;
- Fees for expert witnesses;
- Document copying and production costs;
- Fees for process service;
- The complexity of the case;
- Expenses for travel;
- The experience and reputation of the attorney;
- Other costs associated with the preparation of the case and its presentation.
If an attorney charges an hourly rate, that rate may vary between as little as $150 an hour to $800 or more an hour. For some types of cases, the lawyer will charge a flat fee.
Before hiring a lawyer, an individual should ask about the lawyer’s fee arrangements and exactly what their payments will cover.
How Long Does It Take to Sue a School District in Alabama?
Suing a school district in Alabama may take longer than an individual anticipates. In some cases, it may take years to fully resolve the issue.
It may take a shorter amount of time if the school or school district offers a reasonable settlement to resolve the issue. The school district may have a certain amount of time to respond to the administrative complaint.
Then, it will take more time to investigate the claim, with the length of time likely being longer and the issue becoming more complex. There will likely then be a time limit for when an individual can file their claim.
Is the Process the Same for Suing a Private School District?
No, the process is not the same for suing different types of schools. Private schools can often be sued without first filing an administrative complaint, as they are usually businesses that are privately owned and operated.
Public schools, in contrast, are often considered to be public government entities. As a result, they may be shielded by the doctrine of sovereign immunity, which shields them from certain types of lawsuits.
Once an individual reaches the step when they file their lawsuit in court, the process will proceed in much the same manner, regardless of the type of school being sued.
What Kind of Lawyer Do I Need to Sue a School?
When you are suing a school district in Alabama, you should obtain the help of an Alabama government lawyer. Your lawyer will help you determine the type of school you are suing and the steps you will have to follow.
In addition, your lawyer will help you through all of those steps and ensure that your rights are protected during the process. If your issue goes to court, your lawyer will represent you and present your case on your behalf.
LegalMatch has a database of member lawyers, including lawyers in Alabama, who can help you with your issue. Simply submit your issue on the website, at no cost, in a few minutes, and you will receive responses within about a day from attorneys ready to help you.
