How to Sue a School District in Delaware?

There are many reasons that you may wish to file a civil lawsuit against a school district in Delaware. In most cases, suing a school district will involve you as a parent suing a school on behalf of your child. However, you may also sue a school district in your own capacity if you are an employee or otherwise work with the district.

The reason that filing a lawsuit against a school district typically involves a parent is because a child has rights or standing with a school district as a student of the district. However, suing a private school or public school is typically a complicated process, and there are very few instances in which you actually have the right to sue a school district.

Because of this, it is imperative to understand the legal process and what will be required of you before filing your school district lawsuit. As far as the requirements for suing a school district are concerned, they will be dependent on a variety of factors, such as properly determining your cause of action.

To Sue a School District, You Need to Identify Your “Cause of Action”

In order to sue a school district, the first step is ensuring that you have a proper cause of action. This means that you must have a proper legal basis for bringing your lawsuit against the school district. In legal terms, a cause of action refers to a set of facts that are deemed sufficient in the eyes of the law to justify the right to sue.

There are numerous different legal causes of action that may make up the basis for a lawsuit against a school district. Examples of the most common causes of action against a school district include:

• Discrimination or Other Civil Rights Violations: Discrimination can form the basis for a lawsuit when a school district in Delaware engages in “selective admissions” or denies a student admission to school based on a protected category.
  • Protected categories include gender, race, national origin, or religious beliefs;
• Child Abuse: Child abuse can form the basis of a lawsuit in Delaware when a school district fails to report to the proper authorities when the district knows of a child being abused.
  • A school district may also be sued for failing to step in when a child is being abused or bullied by another student;
• Sexual Misconduct or Harassment: Sexual harassment can form the basis of a lawsuit in Delaware when a school district fails to protect a child from unwanted sexual advances or conduct or other verbal or physical actions of a sexual nature;
• Personal Injuries Caused by a School Employee: Personal injury lawsuits against a school district can arise from negligent acts from school employees, such as hazardous conditions that result in a student’s injury;
• Improper Expulsion: Expulsion can form the basis of a lawsuit when a school district wrongfully expels a student. Expulsion is a form of discipline dispensed when a student engages in conduct that the school board has outlined as inappropriate, such as drug or alcohol use on campus, fighting with another student, or severely disrupting the learning environment.
  • If you believe that your child has been wrongfully expelled, you can sue the school and the school district for damages, including an order reversing the expulsion;
• Disabilities and Special Education: It is important to note that federal laws require schools to adhere to several laws and stipulations regarding disabled students and special education programs.
  • The Individuals with Disabilities Education Act provides legal rights for students, and if a school or district fails in its duties, you may have a valid legal claim against the school district;
• Failure to Return Personal Property: Failure to return personal property can form the basis of a lawsuit when a school district takes a student’s personal possessions, such as their cell phone, but fails to return the item within a specified timeframe;
• Employment Claims: In some cases, you may need to sue the school district you are employed by for claims related to your employment, such as for workers’ compensation, wrongful termination, or wage and hour claims.

It is important to note that the Delaware Public Education Ombudsperson Program (“DPEOP”) is the administrative authority that assists students and families who have been unable to resolve their disputes with school districts. Importantly, all local administrative remedies must first be exhausted before contacting the DPEOP.

It is also important to note that school districts often assert governmental immunity or sovereign immunity defenses to protect them from civil lawsuits. However, governmental immunity is not an absolute shield from school districts being sued.

Important Step to Sue a School: File an Administrative Complaint Before You File a Lawsuit Against the School

In addition to determining your cause of action, most state laws concerning lawsuits being filed against a school district first require you to “exhaust” your administrative remedies. In other words, before filing your lawsuit against the school district, you must generally first file an administrative complaint.

An administrative complaint puts the school district on notice that there is a legal issue that you have identified and gives them an opportunity to resolve that legal issue without the necessity of involving the court system.

Importantly, a court may automatically dismiss your claim if you do not follow the required administrative process. This process sometimes involves short filing deadlines, which could also lead to automatic dismissal if the deadline is missed. As such, it is important to file your complaint against the proper administrative authority within these specified time limits.

After being properly notified, if the school district fails to take appropriate steps to remedy your legal issue, you may then contact the DPEOP to see if they are able to resolve your dispute. If not, then you can get permission to privately sue the school district in local court.

It is important to choose the appropriate administrative authority when filing your administrative complaint. A local attorney in Delaware can assist you in determining the appropriate authority.

Is the Process the Same for Suing a Private School District?

In short, unlike public schools, private schools are not protected by governmental immunity, and therefore, the process is not the same. As such, finding lawyers to sue a private school district is not as difficult as finding lawyers who are willing to sue a public school district. An attorney will be able to help guide you through suing a private school district.

Should I Hire a Lawyer to Sue a School District?

As can be seen, initiating a private lawsuit against a school district is often a complicated matter. This is especially true if the school district is a public school district, which requires you to exhaust your administrative remedies prior to initiating a private lawsuit. Further, you must also get around governmental immunity issues.

As such, if you are having any issues related to you or your child involving a school district that you believe may warrant a lawsuit, it is in your best interests to consult an experienced Delaware government lawyer. An experienced governmental lawyer will be able to guide you in your best course of legal action, including meeting any administrative filing deadlines. Further, an attorney will also be able to initiate a private lawsuit on your behalf and represent you in court as needed.