The process of suing a school district may vary by district. Generally, the first step is for an individual to know whether the school district they are suing is a public or private school. This is important to identify at the beginning of the process because there are different procedures for suing a public school district versus suing a private school district.
There are numerous reasons why an individual may want to sue a school district. In order to be a valid legal action, however, the lawsuit has to be based on certain legal issues, for example:
- Discrimination;
- Sexual harassment;
- Willful or intentional negligence.
Certain types of claims may not be sufficient to bring a lawsuit against a school district. One example of when it may be possible to sue a school district is when the district or specific school engaged in a discriminatory practice either when hiring a job candidate or when accepting a student for admission.
In both situations, it is illegal to deny a candidate a position or a student admission to a school based only on their:
- Race;
- National origin;
- Sex;
- Gender;
- Religion;
- Other protected characteristics.
In order to learn more about suing a school district or specific school, an individual should contact a local attorney in California. An attorney can provide legal advice that is relevant to the issue and tailored to the laws and procedures for suing a school district in California.
To Sue a School District, You Need to Identify Your “Cause of Action”
Another important step when suing a school district is to determine the cause of action. The cause of action is a legal term that refers to the facts that provide grounds to justify bringing a lawsuit.
Examples of causes of action that are often used as the basis for school district lawsuits include:
- Sexual harassment and misconduct: A claim that involves sexual harassment or misconduct may involve verbal or physical acts that are sexual in nature;
- Although these causes of action in a school district lawsuit will typically involve a teacher and a student, it is possible for this cause of action to arise in a case involving faculty members, such as a teacher suing a vice principal for sexual harassment;
- Child abuse: In some situations, a sexual harassment claim may extend to a cause of action for child abuse. This may occur when a school district is aware that a student is being sexually harassed, abused, or bullied by another student or teacher and fails to alert the proper authorities or to prevent it from recurring;
- Discrimination: A cause of action for discrimination may arise when a school district employs selective admission practices. This may mean that a school is either denying or accepting certain students for entry based on a category that is protected by constitutional and federal law listed above;
- A school district is not allowed to give preferential treatment to students based on any of these categories either;
- Employment: There are certain causes of action that may involve a teacher or other faculty member filing a lawsuit against a school district;
- For example, teachers may be able to sue a school district for:
- Wrongful termination;
- Workers’ compensation;
- Claims relating to wage and hour issues;
- Disabilities and special education programs: School districts are required to comply with strict regulations concerning students with disabilities. Specifically, a school is required to establish special education programs;
- Various causes of action: There are also other causes of action that focus on:
- Improper expulsion of a student;
- Failure to return a student’s personal property within a certain time frame;
- Personal injury actions that involve school employees;
- Other issues that may arise related to a school or school district.
One cause of action that commonly arises is claims for negligence. When an individual is suing a school district for negligence, the focus is typically on whether the student’s injury was foreseeable or not.
For example, if a school was aware that a student was being bullied or harassed and did nothing to stop it, the school may be held liable for injuries the student suffered in connection with the situation.
Important Step to Sue a School: File an Administrative Complaint Before You File a Lawsuit Against the School
Every school district has a process that a plaintiff will have to follow before filing a lawsuit against the school district or a particular school in court. These procedures may vary widely from district to district.
The general process, however, typically requires filing an administrative complaint as well as exhausting all other administrative remedies first. An administrative complaint is a document that is submitted to a government agency in the state where the school district is located.
This complaint will typically contain information, including:
- Which law the plaintiff believes was violated;
- A statement of facts;
- Additional documentation that supports the complaint; and
- The plaintiff’s recommendation for resolving the issues.
The agency will review the complaint and investigate the claims. They may also request additional information or evidence from the complainant or individual who filed the complaint.
In cases where a local agency handles the complaint, the individual may be able to contact the state’s Department of Education to investigate the issue further. Once all of the available administrative remedies have been exhausted and the individual is allowed to file a lawsuit in court, they have to send a letter notifying the school of their intent to sue.
It is important to note that a public school cannot be sued for simple negligence. They have to be sued for intentional or willful negligence, and the claim has to be for something that is, in fact, illegal.
Is the Process the Same for Suing a Private School District?
The process for suing a private school is different from the process for suing a public school. The main reason for this is that public schools are considered to be government entities, and private schools are businesses that are owned and operated by corporate shareholders or private individuals.
This means that private schools may be sued without having to file an administrative complaint. It is usually easier to file a lawsuit against a private school than it is to sue a public school.
Typically, a public school will be protected by the doctrine of sovereign immunity, while a private school will not. Sovereign immunity shields the government and governmental agencies from certain types of lawsuits.
One other difference between suing a private school district and a public school district is that filing a claim against a private school only requires following the standard steps required in a normal lawsuit. On the other hand, bringing a lawsuit against a public school requires compliance with strict legal procedures.
An individual may also be able to sue a private school’s insurance company. Once a party has exhausted all administrative remedies and files their claim in court, the rest of the case will proceed similarly to a lawsuit against a private school.
Both categories of school districts may be sued for many of the same causes of action as they both owe the same duty of care to their students.
What Kind of Lawyer Do I Need to Sue a School District?
If you need to sue a school district in California, whether public or private, it is important to consult with a California government lawyer. Suing a school district can be complex and depends on the location of the school, so it is important to have a local lawyer’s help.
Your lawyer can review your issue and determine whether you have a cause of action. Your lawyer will also help you follow all of the required administrative procedures so that your case will not be dismissed.
Your lawyer can advise you regarding the best way to seek legal recourse for your issue and explain the possible remedies for your case. Your lawyer will also help you draft and file all legal documents or complaints related to your claim and represent you in court.
