How to sue a school district in Arizona depends on the location and the type of school. An individual must determine whether they will be suing a private school or suing a public school.
This is important, as the process for the lawsuit will differ depending on the category of school. It is also important for an individual to be aware that only certain types of claims may be brought against a school in a lawsuit.
For example, if the school discriminates when accepting students for admission based on their race, national origin, or other protected characteristics. To find out the proper process for suing a school district in Arizona, an individual should consult with a local attorney in Arizona.
An attorney can help determine the category of school, the process for bringing a cause of action, and options for resolution of the issue.
To Sue a School District, You Need to Identify Your “Cause of Action”
Before suing a school or school district, an individual must determine the cause of action. A cause of action is a set of facts that provide the grounds for filing the lawsuit.
There are several causes of action that can be the basis of a lawsuit against a school district, including:
- Bullying: Schools and school employees may be held liable for failure to take action if a student is being bullied;
- Discrimination: There are federal laws that protect individuals against discrimination, including discrimination in public schools, including:
- Title VI of the Civil Rights Act of 1964 prohibits discrimination based on:
- Race;
- Sex;
- National origin;
- Disability;
- Other characteristics;
- The Americans with Disabilities Act (ADA) prohibits discrimination against individuals who qualify as having disabilities under the Act;
- Title IX of the Education Amendments of 1972 prohibits discrimination that is based on sex;
- There are courts that have interpreted this law to include discrimination based on gender and gender identity;
- Religious discrimination, as students are free to practice their religion;
- A student will likely experience this type of discrimination in addition to discrimination based on national origin, which is actionable;
- Excessive and severe punishment: In most school systems, there are policies in place regarding the type of punishment that is permitted and restricts excessive or severe punishments;
- Sexual misconduct: Sexual harassment is sexual discrimination, which includes:
- Sexual assault;
- Molestation;
- Rape;
- Failure to supervise: A school district may face liability for negligence if a student is injured because they were not being appropriately supervised;
- Improper expulsion: if a student was improperly expelled and has tried to use all available administrative remedies, they may be able to file a lawsuit against the school; and
- Educational malpractice: A school may be liable for failing to properly or satisfactorily educate a student.
The causes of action listed above typically involve parents suing a school district on behalf of their child. It is important to note that other school employees, including teachers, may also have a cause of action to sue, such as the improper discharge of a teacher. If a school system employee or teacher believes they have been improperly fired from their position, they will also have to first try to resolve their issue using administrative remedies.
Another example of a common cause of action that arises in many school district lawsuits is negligence. In a lawsuit for negligence, the main issue will be whether the student’s injury was foreseeable or not.
For example, the school could be aware that a student was suffering from constant bullying or harassment and that no steps had been taken to remedy the issue. In that case, the school may be held liable for injuries that the student suffered connected to the situation. However, simply because the student was injured during the school day or on the school property, that does not mean that the school will always be held liable for the injuries.
Important Step to Sue a School: File an Administrative Complaint Before You File a Lawsuit Against the School
The procedures that an individual must follow before filing a lawsuit against a school district typically require filing an administrative complaint as well as exhausting all other available administrative remedies before filing a lawsuit. This complaint contains information such as a statement of the facts, documents that support the complaint, and possible ways to resolve the issue.
The agency that receives the complaint will investigate the claims. Once the available administrative remedies are used and no remedy is reached, the individual must send the school or school district a letter notifying them that they will be filing a lawsuit.
Who Can Be Sued in the School System?
There are several different parties in a school district that may be sued. In some cases, a school may be vicariously liable for the conduct of their employees that led to the lawsuit.
Examples of individuals who may be named as defendants in a lawsuit against a school include, but may not be limited to:
- Teachers
- Counselors
- Coaches
- Vice principals
- Principals
- Individual school employees
There may also be multiple defendants named in these types of lawsuits. For example, a teacher may discriminate against a student. If so, it will be important to consider whether or not the employee’s supervisors had knowledge of the conduct and should also be held liable.
Is the Process the Same for Suing a Private School District?
No, the process is not the same for suing a public school district and suing a private school district. A public school is usually classified as a government entity and, therefore, is protected by the doctrine of sovereign immunity.
This means that, as a government entity, it will be shielded from certain types of lawsuits. Private schools, on the other hand, are usually considered to be businesses that are owned and operated by private individuals or corporate shareholders.
Private schools may be sued without being required to file an administrative complaint first, making it easier to sue a private school. An individual will only be required to follow the steps for filing a civil lawsuit.
In addition, an individual may be able to sue the private school’s insurance company. Both public school and private school districts may be sued for similar causes of action in most situations.
What Kind of Lawyer Do I Need to Sue a School District?
If you are considering filing a lawsuit against a school district in Arizona, it is important to consult with an Arizona government lawyer. Your lawyer will help you determine what type of school district your child attends and the requirements you must fulfill before filing a lawsuit against the school.
Your lawyer can also provide you with advice regarding the best way to resolve your issue and explain the possible remedies you may be able to obtain in your case. In addition, your attorney will draft and file the necessary legal documents for your claim and provide you with representation in court or in front of administrative bodies.
LegalMatch has a database of member lawyers, including lawyers to sue a school district who are ready to begin working on your case immediately. You can easily submit your issue online and receive responses from lawyers within about a day who can help you determine if you have a claim and how to resolve your issue.
