A person thinking about suing a school district in Colorado would have to contend with the Colorado Governmental Immunity Act and the doctrine of sovereign immunity. The doctrine of sovereign immunity bars lawsuits against governments and government agencies, including state public school districts.
In Colorado, the Governmental Immunity Act is complex. However, basically, it provides that governmental entities and their employees may not be liable for injury and damage for tort claims unless their claim should come within a specific exception provided in the Act. There are a variety of tort claims in state law, but many of them are based on a theory of negligence.
There is one express exception that relates to public school operations. If a person’s injury is caused by a school district’s failure to perform a background check that is required for prospective employees for educated-related employment, a school district could be liable.
Other exceptions to sovereign immunity that might apply in connection with an injury suffered on public school grounds are the exception for the dangerous condition of a public building, a dangerous condition in a park or recreation area, or the negligent operation of a motor vehicle. These exceptions might apply in some situations in which a person suffers injury on public school property.
If a person thinks they have a claim for injury or damage against a school district, they should consult a local attorney in Colorado for help in determining whether or not their claim is viable. They would want to do this quickly as time deadlines for filing claims against public agencies are short.
To Sue a School District, Do I Need to Identify a “Cause of Action?”
Before suing a school or a school district in Colorado, a person needs to know what their cause of action might be. A cause of action is a claim that the law recognizes as giving them a right to seek a remedy of a type the law permits. A common remedy in the law for various causes of action is for the liable person or entity to pay money damages to compensate an injured person for their losses.
Some possible causes of action against a public school district that a person might claim include the following:
- Special Education: The Individual with Disabilities Education Act (IDEA) is a federal law that protects the right of a student with a learning disability to an education that is appropriate and effective for them given the nature of their disability. First, under the IDEA public school districts must identify students who have special educational needs because of learning disabilities. Then, at no charge to parents, they must prepare an IEP for a student with a disability.
- The IEP should set educational achievement goals for the student and then state how the goals are going to be met. The necessary educational opportunities must be offered in an environment that is the least restrictive possible. If a school fails to fulfill the obligations it has under the IDEA, a parent may have a cause of action on behalf of their child;
- Student’s Injury: If a student suffers an injury on public school property, their parents may have grounds for a claim against the school district. As noted above, however, tort claims are significantly limited by the Colorado Governmental Immunity Act. There are exceptions, as is also noted above.
- If a child has suffered an injury at school, their parent would want to have a local attorney in Colorado analyze the situation. They would be able to determine whether a lawsuit for damages would be barred or allowed by Colorado law;
- Corporal Punishment: Colorado law expressly prohibits the use of corporal punishment of students in the state’s public schools. As in many other states, there is an exception. School personnel may use “reasonable” force as follows:
- To stop a scuffle in which students may threaten physical injury to each other;
- To take away weapons or other potentially dangerous objects that a student possesses;
- In self-defense;
- In order to protect other people or property, so, e.g., to stop a student from committing an act of vandalism.
- If the employee of a Colorado public school were to use corporal punishment on a student, the parents would probably have a cause of action against the school district. Whether physical contact in any given situation was prohibited or allowed “reasonable force” would be an issue;
- Student Discipline: Colorado has extensive state regulations regarding the use of discipline other than corporal punishment in Colorado’s public schools. While suspension and expulsion are measures that can be applied, the circumstances in which such measures are allowed are tightly regulated.
- In addition, specific processes surrounding the use of these methods are provided by Colorado law and must be followed. Parents have a right to be notified and there are processes for challenging disciplinary measures.
- If a parent is concerned about the kind of discipline that is applied to their child or the process used in applying it, they would want to contact a local attorney in Colorado;
- Search and Seizure: Both inside and outside of schools, the general rule is that law enforcement officers need a warrant to search a person or their private places and effects. In order to get a warrant, the police have to establish that there is probable cause to believe that a crime has been committed and that they will find evidence of the crime in the place to be searched. There are exceptions to the requirement that law enforcement get a warrant to conduct a search.
- In public schools in Colorado and most other states, the standard for searching student lockers and belongings, e.g. backpacks, is different. The standard at school is not probable cause but whether the search is “reasonable” under the circumstances. Also, searches conducted with the consent of the student would be acceptable. Courts defer to the need for school personnel to maintain order in schools.
- Still, if school personnel have searched the person of a student or their locker or other belongings, they may want to consult a local attorney in Colorado about the legality of the action;
- Sexual Harassment and Sexual Assault: A student who is the victim of sexual harassment or sexual assault perpetrated either by a person who is employed by a school district or another student may have a cause of action against the school district in which the harassment or assault occurs. Victims of harassment or abuse who are employees may also have a cause of action against a school district under federal anti-discrimination law;
- Employment Disputes: Many people are employed by public school districts to perform a variety of occupations. If they are not treated fairly and according to the terms of any employment contract they may have, they may have a cause for complaint. The federal Fair Labor Standards Act (FLSA) or the Family and Medical Leave Act (FMLA), as well as other state and federal laws, may provide a cause of action;
- Discrimination: Of course, in public schools as elsewhere, the federal Civil Rights Act protects students and school districts from discrimination on the basis of race, gender, age, and other characteristics. An employee with a disability who is not provided with the reasonable accommodations they need for their disability might sue for violation of the Americans with Disabilities Act (ADA). Students may also be able to claim gender-based discrimination under Title IX of the Civil Rights Act.
Do I Need to File an Administrative Complaint Before I File a Lawsuit Against a Public School?
In Colorado, it is very important to file a claim to the government entity that is in charge of the school district to be sued. This claim must be filed within 180 days after the person suffers injury or the date of discovery of the injury.
This is vitally important because if a person fails to file this claim within the time allowed, their lawsuit would be forever barred. The claim must contain the name and address of the person making the claim and their attorney. It must contain a statement of the facts of the incident, including the date, time, place and circumstances.
Of course, the specific conduct that led to the incident must be included. If a public employee is involved, their name and address must be in the claim if these are known. A report about the injury is also necessary, as is the amount of damages the person seeks.
How Much Does It Cost to Sue a School?
It is difficult to say how much it might cost to sue a school. Lawyers generally charge in three ways: contingency fee, hourly fee, and flat fee. The kinds of lawsuits a person might file against a school district probably are not going to be the kind of cases for which a lawyer charges a flat fee.
In the case of public schools, most tort claims are barred by the law of sovereign immunity. Tort cases are the kind of cases in which lawyers usually charge a contingency fee. However, tort claims are possible in lawsuits against private schools. If a lawyer charges a contingency fee, the lawyer takes a percentage of any amount of money they recover for their client. If they do not win an award of money damages for their client, they would not be paid.
A lawyer would charge an hourly fee for representing clients in other kinds of cases. So, if a person were to sue a public or private school for breach of contract, they would have to pay their lawyer by the hour. The lawyer would keep track of time spent on the case and bill the client monthly. The final cost would depend on the total number of hours it takes to bring the case to a concussion.
Also, there may be expenses other than lawyer’s fees associated with a lawsuit. For example, if an expert witness is required, the client would have to pay to compensate the expert for their services.
When a person first talks to their lawyer about the possibility of filing a lawsuit against a private school or public school district, they should ask about fees and costs.
Is the Process the Same for Suing a Private School District?
The process for suing a private school is not the same as that for suing a public school. Sovereign immunity does not apply to private schools. So, claims based in tort law are possible against private schools. In addition, the same federal laws that apply to public schools also apply to private schools.
One important federal law is the IDEA. Importantly, the Colorado law of negligence, which is an important tort, can be claimed against a private school because it is not a public entity.
The IDEA requires public school districts to follow the same processes for identifying students with learning disabilities in private schools that they use in public schools. The same applies to children who are schooled at home as well.
If the parent or teacher of a private school or homeschooled student believes that a student has a learning disability, they only have to request that the local school district evaluate the student. This would be done at the cost of the local public school district.
If a child has a learning disability, the parent may transfer the child to their local public school to receive the educational services they need. A local public school is more likely to offer complete special education services. However, a parent always has the option of keeping the child in a private school and getting equitable services.
Public funds pay for equitable services, but the services may be more limited than those available in a public school. This would not give the parent cause for complaint against the local school district, because the parent may transfer their child to the public school where they would receive complete services.
Do I Need the Help of a Lawyer to Sue a School District in Colorado?
If you want to sue a school, private or public, you want to consult a Colorado government lawyer. LegalMatch.com can connect you to a Colorado lawyer who can analyze your case and determine if it qualifies for an exception to sovereign immunity if it is a public school. Of course, that would not be an issue in a case against a private school.
If you are an employee of a Colorado school who has been injured on the job, you want to consult a Colorado workers’ compensation lawyer. If you have an issue that involves a contract with a private school or public school district, you want to consult a Colorado contract lawyer. In any case, you can efficiently discuss your issue with a lawyer who can best represent you through LegalMatch.com.
