For individuals who are considering filing a lawsuit against a school district in the State of Hawaii, it is essential to consult with a local attorney in Hawaii. Lawyers to sue a school district in Hawaii can provide assistance for residents and students and help them follow the steps that are required for suing a public school or for suing a private school.
A determination must be made of whether the individual will be suing a private school or a public school, as the procedures for filing claims against the different types of schools will vary. In addition, if the individual filing the lawsuit does not take the proper steps before filing in court, their case will be dismissed.
An individual may have many different reasons for wanting to sue a school district. Below are several common causes of action that may be used as the basis for suing a school district in Hawaii.
It is important to note that there are deadlines for filing a civil lawsuit, referred to as the statute of limitations. Because of this time limit, it is important to consult with a lawyer as soon as possible to ensure the opportunity to file a claim is not missed.
To Sue a School District, You Need to Identify Your “Cause of Action”
When suing a school district, the individual filing the lawsuit, referred to as the plaintiff, has to identify their cause of action. Causes of action that can be used against a school district or school include, but are not limited to:
- Discrimination: Discrimination becomes an issue when a school uses selective admission practices, for example, accepting or denying students based on their federally protected characteristics, including, but not limited to:
- Gender;
- Race;
- National origin;
- Others;
- A disability and special education program: The Individuals with Disabilities Education Act requires that every school fulfill certain requirements for students with disabilities, which includes creating special education programs;
- Negligence: This is a common cause of action used against schools related to a student’s injury and whether or not it was foreseeable;
- Other causes of action: There are other causes of action that may be used against a school, such as:
- A personal injury action involving a school employee;
- Improper expulsion of a student;
- Other issues that may arise.
Every school district, public and private, owes the parents and students at its schools a duty of reasonable care to prevent students from getting injured, including:
- Supervising the students when they are in groups because this is a time that it would be foreseeable for injuries to occur;
- Supervise the students during recess and lunch;
- Maintain the buildings located on the school property, including performing any repairs that the school is aware need completing;
- Providing the students with safe and clean educational facilities, which include classrooms; and
- Employing individuals who are qualified and competent and who properly educate and supervise the students.
It is important to note that the duty a school has to supervise will not apply to every injury, just foreseeable injuries. In other words, if a student suffers an injury that would not have reasonably been expected to occur during the specific activity, the school will not likely be held liable.
Schools may also be held liable for the conduct of their employees under vicarious liability laws. Employees that may be named in lawsuits against a school include:
- Principals
- Vice principals
- Teachers
- Coaches
- Guidance counselors
- School bus drivers
How Do I Report a School in Hawaii?
If an individual needs to report a school in Hawaii, they should submit their complaint to the Hawaii Department of Education. If an individual has any questions regarding submitting their issue, a lawyer can help.
Important Step to Sue a School: File an Administrative Complaint Before You File a Lawsuit Against the School
Each school and school district can have its own unique requirements that an individual has to complete before they can file a claim in court. An administrative complaint is one of these steps.
There may also be other administrative processes that the individual is required to complete before filing in court. The deadline for different processes may vary depending on the location and the requirement, so it is important to find out this information right after the incident occurs.
After the individual files their complaint with the proper agency, the claims will be investigated by that agency. It is important for an individual to speak with a Hawaii lawyer to ensure they complete the proper steps to prevent their lawsuit from being dismissed in court.
Is the Process the Same for Suing a Private School District?
Filing a lawsuit against a private school can be an easier task than filing against a public school, as an individual typically does not have to complete the administrative steps beforehand. This is because a private school is typically a privately owned and operated business.
On the other hand, a public school is typically protected by sovereign immunity because it is considered a government entity. This means that certain types of lawsuits cannot be filed against public schools.
Once an individual files their civil lawsuit in court, the process will be essentially the same for both types of schools.
What if There Has Been a Violation Involving Student Discipline?
Student discipline usually includes one of the following actions:
- Being prohibited from participating in school-sanctioned activities, such as sports;
- Detention;
- In-school suspension;
- Out-of-school suspension; or
- Expulsion.
If a student believes they were subjected to unfair or improper disciplinary measures, they can file a complaint against the school. In some instances, a disciplinary action may be reversed or even vacated.
What Are the Costs of Suing a School District in Hawaii?
How much it will cost to sue a school district in Hawaii will vary by case based on many factors, for example:
- The lawyer’s usual practice areas;
- The lawyer’s reputation in their area;
- The issues of the case and their complexity;
- Fees for filing claims in Hawaii courts;
- Costs of taking depositions;
- Costs of document copying and production;
- Fees for hiring expert witnesses;
- Fees for process service;
- Travel expenses for involved parties; and
- Other costs that will be associated with preparing and presenting the case.
The lawyer’s fees will likely have the greatest impact on the cost of the case. This is because lawyers can charge a wide range of charges depending on the factors discussed above.
It is very important for a potential client to ask about their lawyer’s fees and exactly what they will cover. This is typically included in a written representation agreement.
What Kind of Lawyer Do I Need to Sue a School District?
If you have an issue or concern with a Hawaii school or school district, you should consult with a Hawaii government lawyer as soon as possible. Your attorney will advise you of the steps you will be required to take based on the type of school your claim is against.
If you have to complete any administrative processes before filing a lawsuit, your attorney will help you complete those. If you are not able to reach a resolution using these processes, your lawyer will file your lawsuit in court and provide you with representation. LegalMatch can connect you with the right lawyer for your needs.
