The process for suing a school district in Florida begins with determining whether the school or school district is a public or private school. This is an important step, as it prevents wasting valuable time and resources because there are different procedures to follow for suing a public school district versus suing a private school district.
An individual may have numerous different reasons why they would need to sue a school district. To be a valid claim, however, their lawsuit has to include specific legal issues, for example:
- Discrimination
- Sexual harassment
- Willful or intentional negligence
Not every type of claim can be brought against a school district. To find out more about how to sue a particular school or school district in Florida, an individual should consult with a local attorney in Florida for advice on filing a lawsuit against a school district and the procedures for suing a school district.
To Sue a School District, You Need to Identify Your “Cause of Action”
One of the most important steps to take when suing a school district is determining the cause of action. The cause of action is the grounds that justify bringing a lawsuit.
Examples of causes of action that can be used as the basis of many school district lawsuits include:
- Sexual harassment and misconduct: A claim that involves sexual harassment or misconduct may include verbal or physical acts that are sexual in nature.
- Typically, these types of claims are between a teacher and a student.
- However, it is possible for this type of cause of action to be used in a case involving faculty members, for example, a teacher suing a principal for sexual harassment.
- Child abuse: Sexual harassment claims may extend to causes of action for child abuse.
- This may occur when a school district knows that a student is being abused, sexually harassed, or bullied by a student or teacher and does not alert the authorities or take any steps to prevent the issue from continuing.
- Discrimination: A cause of action for discrimination can be used when a school district uses selective admission practices.
- Selective admission practices means that a school is either denying or accepting students for entry or giving them preferential treatment based on a category that is protected by constitutional law and federal law, such as:
- Gender
- Race
- National origin
- Religious beliefs
- Others
- Employment: In some cases, a teacher or other faculty member may sue a school district for issues such as:
- Wrongful termination
- Workers’ compensation
- Claims related to wage and hour issues
- Disabilities and special education programs: School districts have to follow strict regulations concerning students with disabilities by establishing special education programs.
- Various causes of action: There are other causes of action that focus on issues such as:
- Improper expulsion of a student
- Failing to return a student’s personal property within a specified time frame
- Personal injury actions that involve school employees
- Other issues that may arise in relation to a school or a school district
Negligence is another common cause of action used when suing a school district for negligence. These cases will focus on whether the student’s injury was foreseeable or not.
Who Can Be Sued in the School System?
In some cases, an individual employee within a school district may be sued. A school district may also be held vicariously liable for employees who were involved in the behavior that led to the lawsuit.
The following parties are commonly named as defendants in school lawsuits:
- Principals and vice principals
- Teachers
- Coaches
- Counselors
- Individual school employees
There may be more than one defendant in these types of cases. For example, a teacher may be accused of discriminating against a student. In this case, it may be reasonable to consider whether their superiors had any knowledge of the employee’s action and should also be held liable.
Important Step to Sue a School: File an Administrative Complaint Before You File a Lawsuit Against the School
Every school district has a certain process that plaintiffs are required to follow before they are allowed to file a lawsuit against the school or district in court. Usually, the individual is required to file an administrative complaint and exhaust all other available administrative remedies first.
Administrative complaints are submitted to government agencies in the state where the school district is located. In the majority of cases, this is the Department of Education. This type of complaint will provide:
- Which laws the plaintiff alleges were violated
- A statement of facts
- Additional documentation supporting the complaint
- The plaintiff’s recommendation for resolving the issue
The agency will review the complaint and conduct an investigation of the claim. If a local agency handles the claim, the plaintiff may be able to request that the State Department of Education investigate the issue further.
Once a plaintiff exhausts every administrative remedy and they are allowed to file a lawsuit in court, they will have to send a letter notifying the school that they intend to file a lawsuit. It is important to note that a public school cannot be sued for simple negligence, it must be intentional or willful negligence.
Is the Process the Same for Suing a Private School District?
The process used for suing a private school district is not the same as for suing a public school district. This is because a public school is considered to be a government entity, whereas a private school is a business that is owned and operated by private individuals or corporate shareholders.
Private schools can be sued without first filing administrative complaints. This means that, in general, it is easier to file a lawsuit against a private school than to file a lawsuit against a public school.
Public schools are typically protected by the doctrine of sovereign immunity, which shields the government from certain types of lawsuits. In addition, a plaintiff typically has the option to sue a private school’s insurance company, which is not available when suing a public school.
The similarities between suing a public school and a private school begin once the plaintiff in the public school district lawsuit has exhausted all available administrative remedies and has gotten to the point of filing their claim in court.
What Are Some Challenges and Considerations when Suing a School District?
When an individual is suing a school district in Florida, there are some challenges and considerations they should be aware of, including:
- The statute of limitations
- Immunity protections for school districts
- Costs and financial implications
- The emotional and social impact on the student and their family
Statute of limitations
The statute of limitations is a time limit in which an individual must file their lawsuit. In Florida, this time limit is usually two or three years, depending on the type of school being sued.
Statutes of limitations are imposed to ensure that individuals file their lawsuits within a reasonable time following their injury. This helps preserve evidence and ensure that defendants are not exposed to possible lawsuits indefinitely.
Having a statute of limitations also encourages individuals to promptly take action and try to resolve their claims instead of allowing their dispute to continue indefinitely. Setting time limits also prevents courts from being overwhelmed with old cases that could be difficult to resolve because of the passing of time and deterioration of evidence.
The statute of limitations typically starts running on the date the injury occurred or when the plaintiff became aware of the injury or reasonably should have discovered the injury. This is called the discovery rule.
This rule allows the statute of limitations to pause, or be tolled, until the injured individual discovers or reasonably should have discovered the harm they suffered because of the defendant’s actions.
Immunity protections for school districts
As noted above, a public school may have sovereign immunity, which protects it from certain types of legal claims. These schools have immunity because they are funded, owned, and operated by the government of the state.
There are certain exceptions to this rule, which may vary by jurisdiction, including:
- Willful or intentional conduct: If a school or school employee intentionally or wilfully causes injury, they may be held liable.
- Negligence: If a school employee or official injures a student because of negligence, the school may be liable.
- School bus injuries: A school may be liable if students are injured while riding a school bus.
- Dangerous conditions: If an individual is injured on school grounds because of a dangerous condition, the school can be held liable.
- Sexual abuse: A school may be held liable if a student is sexually abused by a school employee or on school grounds.
It is important to consult with a local attorney to determine the specific exceptions that will apply in the jurisdiction.
Costs and financial implications
Suing a school district may be a costly endeavor. The overall cost may vary based on numerous factors, such as:
- Lawyer’s fees
- The experience and reputation of the attorney
- The typical practice area of the attorney
- Fees for filing in court
- The issues in the case
- The complexity of the case
- Fees for expert witnesses
- Costs of deposition
- Fees for process service
- Document copying and production costs
- Expenses for travel
- Other costs that may be associated with the preparation and presentation of the case
When a lawyer charges an hourly rate for their services, it may vary between $150 to $800 per hour. Before an individual hires a lawyer, they should find out how they will be charged and exactly what the fees will cover.
Emotional and social impact on the student and their family
It is important for potential plaintiffs to take into consideration the emotional and social impact that the student and their family may face. The student involved in the lawsuit may face repercussions from school staff and other students because of the lawsuit.
Although it should not have an effect on any student’s school experience, they may be subjected to negative treatment during the lawsuit process. This may also affect their family members, as they may have to help the student handle those issues.
It may be possible for the parties to settle their dispute outside of the courtroom using alternative dispute resolution (ADR) methods. This may help lessen the impact of the claim on the student, as they will not have to experience a courtroom trial.
What Kind of Lawyer Do I Need to Sue a School District?
If you believe you need to file a lawsuit against a school or school district, whether public or private, it is essential to consult with a Florida government lawyer. These types of lawsuits are based on the facts of each case and the laws of each jurisdiction where the school is located.
This means that the outcomes may vary and may be difficult to predict without the help of a lawyer. There are also strict legal procedures that you will need to follow before you can file a lawsuit.
Your lawyer can help ensure that you complete all of the proper administrative procedures so your case can proceed to a lawsuit if needed. Your lawyer can also tell you the best way to seek legal remedies based on your issue, as well as what you may be able to recover if your case is successful.
Your lawyer can help you draft and file all of the required legal documents for your claim and will represent you in court if you do file a lawsuit. LegalMatch is an excellent resource for finding lawyers to sue a school district.
