An individual may be the parent or guardian of a student in a school district in Arkansas and they are considering filing a claim or lawsuit against the school. In that case, they should consult with a local attorney in Arkansas. An individual can get help from lawyers to sue a school district in Arkansas who can advise them of the steps that will be required for suing a private school or suing a public school in their area.
There are certain steps that have to be followed to ensure that the individual’s lawsuit is not dismissed when they file it in court. One of the most important steps is to determine whether the school is classified as private or public.
There are different steps and processes that the individual must follow for suing private schools and public schools. It is also important to be aware that, although there are many reasons why an individual may want to sue a school, there are only several causes of action, which will be discussed below, that an individual can use when suing a school district in Arkansas.
To Sue a School District, You Need to Identify Your “Cause of Action”
As noted above, there are certain causes of action that an individual may use as a basis for their lawsuit when suing a school district. This is a set of facts that serves as the basis for the individual’s lawsuit, which may include:
- Negligence: Negligence claims involve a determination of whether or not the student’s injury was a foreseeable one;
- Disabilities and special education programs: The Individuals with Disabilities Education Act requires school districts to follow certain steps for students with disabilities, for example, establishing special education programs;
- Sexual harassment and misconduct: Sexual harassment and misconduct claims usually involve sexual, verbal acts, or physical acts between teachers and students or between other faculty members;
- Discrimination: Discrimination can be used as a cause of action if a school engages in selective admission practices, which means the school is accepting or denying a student for entry based on a characteristic that is protected under constitutional law and federal law, for example:
- National origin;
- Gender;
- Race;
- Others; and
- Other causes of action: Other examples of causes of action that can be used in a lawsuit include:
- Improperly expelling a student;
- Personal injury actions that involve a school employee;
- Other issues with a school district or school.
Schools, including both private and public schools, must exercise a duty of care to reasonably supervise the students at the school for the safety of those students. If the school fails to supervise its students, it may be held liable for injuries that occur as a result of the failure to supervise.
A school’s duty to supervise also includes recess and lunch because it is foreseeable that an injury can occur if students are unattended during free periods. If students are engaging in activities that can reasonably lead to injury or are in groups, even if it is outside of regular school hours, the school may still have a duty to supervise the students.
Important Step to Sue a School: File an Administrative Complaint Before You File a Lawsuit Against the School
As noted above, there will be certain steps that an individual must take before they are allowed to file a lawsuit in court that will not be dismissed. Submitting an administrative complaint is one of these steps.
Administrative complaints are submitted to agencies, often the local department of education. They will usually include the alleged violations, evidence of the violations, and possibilities for acceptable resolutions.
The agency that accepts the complaint will investigate the allegations and provide suggestions for remedies. There may be additional steps or administrative processes that an individual has to complete before filing their lawsuit.
If the individual completes all of the required steps and has not reached a resolution, the next step is filing a lawsuit in court.
How to File a Complaint Against the School District in Arkansas?
An individual can file a complaint against a school district in Arkansas with the Arkansas Department of Education. A lawyer can help complete and submit an individual’s complaint.
Is the Process the Same for Suing a Private School District?
The process of suing different types of school districts will be different because of the classification of the schools. Typically, public schools are government entities, and private schools are privately owned.
In most situations, private schools can be sued without first completing any administrative steps. In addition, the insurance company that covers the private school can be sued instead of the school itself.
In contrast, public schools, as government entities, are often protected by sovereign immunity. This is a doctrine that shields government entities from certain types of lawsuits.
Once the individual has filed their lawsuit in court, it should proceed in the same manner for both private and public schools.
What Are the Costs of Suing a School District in Arkansas?
The cost of filing a lawsuit against a school district in Arkansas will vary based on several different factors, especially the lawyer’s fees. For example, if an attorney charges clients an hourly rate, it may range anywhere from $150 to $800.
Other factors that can have an effect on the cost of litigation may include, but are not limited to:
- The complexity of the issues involved;
- The typical practice area of the attorney;
- Costs of taking depositions;
- Fees for filing in the Arkansas court;
- Fees for process service;
- Costs of hiring expert witnesses;
- Travel expenses;
- The lawyer’s reputation and experience;
- Other costs associated with the preparation of the case and its presentation.
It is important for an individual to ask their lawyer what types of fees they will be charged and exactly what they will cover.
How Long Does It Take to Sue a School District?
The length of time it will take to sue a school district in Arkansas will vary depending on the type of school and the issues in the case. Some cases may take years to be fully resolved.
If the school district offers the individual a reasonable settlement amount, the case can be resolved quickly. If, however, the individual has to complete the administrative complaint step, that will add additional time to the resolution of the case while the agency investigates the claims.
What Kind of Lawyer Do I Need to Sue a School District?
If you are having issues with your school or school district in Arkansas, you should consult with an Arkansas government lawyer as soon as you can. Your lawyer will help you figure out which type of school your student is attending and, based on that, what steps you should take.
Your attorney will assist you through all of the steps you must complete, including the administrative requirements. If you are not able to reach an administrative resolution, your lawyer will file your lawsuit in court and represent you until it is resolved.
You can use LegalMatch to find the right lawyer to help you with your case by submitting your claim for free in just a few minutes online. You will receive responses from member lawyers in around 24 hours, who can start working on your case right away.
