It may feel overwhelming to think that it may be necessary to sue a school district in Georgia. If an individual believes that it may be necessary to sue their school district or a school, there are lawyers to sue a school district who can help.
First, an individual must determine if the school is categorized as a private school or as a public school because there are different steps to follow depending on how the school is classified. If an individual has any questions regarding the laws and procedures for suing a school district in Georgia, should consult with a local attorney in Georgia.
To Sue a School District, You Need to Identify Your “Cause of Action”
When filing a lawsuit against a school district or a school, an individual has to determine their cause of action or the set of facts and circumstances that provide them with justification for filing their lawsuit. Causes of action that often form the basis of these types of lawsuits include, but are not limited to:
- Sexual harassment and misconduct: A claim for sexual misconduct or harassment may arise if an individual was subjected to certain physical or verbal acts that were sexual in nature;
- These claims typically involve students and teachers. However, they may also involve faculty members or other school employees;
- Disabilities and special education programs: For students with disabilities, school districts have to follow specific regulations, which include establishing a special education program;
- Discrimination: A lawsuit for discrimination may be filed if a school or school district uses selective admission practices where it provides preferential treatment to, accepts, or denies students for entry based on protected characteristics, which may include, but are not limited to:
- Race;
- National origin;
- Gender;
- Other protected characteristics;
- Employment: Teachers or other faculty members may be able to sue a school district based on an employment issue, for example:
- Wage and hour issues;
- Wrongful termination;
- Workers’ compensation; and
- Other causes of action: There may also be other causes of action that focus on issues such as:
- Improper expulsion of a student;
- Personal injury actions involving school employees;
- Failure to return personal property that belongs to a student within a specified Time frame;
- Other issues that may arise.
Another commonly used cause of action when suing a school district is negligence. In negligence cases, the issue is whether the student’s injury was foreseeable.
Both private and public schools owe students and parents a duty of reasonable care, including, but not limited to:
- Providing supervision at times during which the children play in groups because this is when foreseeable injuries will likely occur;
- Supervising children during lunch and recess;
- Maintaining school buildings, including;
- Performing necessary repairs to structures that the school is reasonably aware are required;
- Providing safe and clean educational facilities, including classrooms; and
- Employing competent and qualified teachers, coaches, and other staff members who will properly supervise and educate the students at the school.
The school’s duty to supervise will be limited to student injuries that were foreseeable. In other words, if the student’s injury was not one that would have been expected to occur when engaging in an activity, the school will not be held liable for failing to supervise.
There are numerous individuals who may be sued when a student is injured, including:
- Teachers;
- Coaches;
- Principals;
- School bus drivers; and
- Guidance counselors.
In addition, the school itself may be held liable for the actions of an employee under the legal theory of vicarious liability.
What if There Has Been a Violation Involving Student Discipline?
Student discipline typically involves:
- Not allowing a student to participate in school-sanctioned activities, which may include sports;
- In-school suspension;
- Detention;
- Out-of-school suspension; and
- Expulsion.
An individual may think that a student was improperly or unfairly disciplined. In that case, they may be able to file a complaint against the school as well as request a reversal or the school to vacate the disciplinary action. Expulsion is a type of discipline that may be used when the student engages in conduct that the school board deems inappropriate, for example:
- Fighting with another student
- The use of drugs or alcohol on campus
- Causing severe disruptions to the learning environment
If a student was improperly expelled, they may be able to file a lawsuit for damages. The individual may also request an order reversing the expulsion and preventing the disciplinary action from being included in the student’s school records.
Important Step to Sue a School: File an Administrative Complaint Before You File a Lawsuit Against the School
Each school district has different requirements that must be fulfilled before an individual can file a lawsuit. Usually, an administrative complaint must be filed, and all administrative remedies must be exhausted first.
Pursuant to education laws, the deadline for filing an administrative complaint can vary by school or school district. This means that an individual should determine the deadline in their school district as soon as possible after an incident.
The administrative complaint will be investigated by a government agency. If an individual has any questions regarding the proper Georgia agency to file with or how to file the complaint, they should consult with a Georgia attorney.
After all available administrative remedies have been exhausted and the issue is not resolved, an individual can file a lawsuit in court. The individual will have to notify the school district in writing of their intent to sue.
Is the Process the Same for Suing a Private School District?
When suing a private school district, the process will be different than suing a public school district because, usually, a public school is considered to be a government entity. Because it is a government entity, the public school may have sovereign immunity, or be shielded from certain lawsuits.
Private schools, in contrast, are usually businesses owned by shareholders or individuals. Because of this, a private school may be used without completing the administrative complaint process.
Additionally, suing a private school requires that an individual complete the steps in a regular lawsuit. An individual may be able to sue a private school’s insurance company instead of the school itself.
Although there are many differences between suing public schools and private schools, there are also similarities. For example, once an individual reaches the point of filing a lawsuit against a public school, the process will be the same as suing a private school.
Both public schools and private schools may be sued for many of the same causes of action.
What Kind of Lawyer Do I Need to Sue a School District?
If you believe you may need to file a lawsuit against a school in Georgia, it is important to consult with a Georgia government lawyer. Your lawyer can advise you of the school’s classification and the steps you will have to take as a result and help you throughout the process.
Your lawyer will help you complete the required administrative procedures so that your case will not be dismissed at the lawsuit phase. In addition, your lawyer can advise you on the best way to obtain a legal remedy in your case and represent you during any appearances before an agency or in court.
