How an individual will go about suing a school district in Idaho will depend on the type of school, such as whether they are suing a private school or suing a public school and the location of the school. It is important to determine the category of school because there are different steps the individual will be required to take for each type of school.
In addition, there are only certain specific claims that an individual can bring against a school in court, which will be discussed below. For example, if a school engaged in discrimination when it was accepting a student for admission based on a protected characteristic, such as race, a lawsuit can be filed.
To determine the correct process for suing a school district in Idaho, an individual should consult with a local attorney in Idaho. A lawyer can help the individual determine the type of school being used, the proper steps to bring a complaint and lawsuit, and possibilities for resolving the issue.
To Sue a School District, You Need to Identify Your “Cause of Action”
Before suing a school or school district, whether it is a public or private school, an individual will need to figure out their cause of action. There are several examples of causes of action that may form the basis of a lawsuit against a school district, including:
- Bullying: Schools, as well as school employees, can be liable if they fail to take action when a student is being bullied;
- Educational malpractice: A school may be liable for a failure to properly or satisfactorily educate its students;
- Excessive and severe punishment: There are policies in place in most schools that outline the type of punishment that is allowed and restrict severe or excessive punishments;
- Discrimination: There are federal laws that protect against discrimination, including in public schools, such as:
- Title VI of the Civil Rights Act of 1964 prohibits discrimination based on:
- Race;
- Sex;
- National origin;
- Disability;
- Other characteristics;
- The Americans with Disabilities Act (ADA) prohibits discrimination that is engaged against individuals who qualify as having a disability under the Act;
- Sexual misconduct: Sexual harassment, also referred to as sexual discrimination or misconduct, may include:
- Sexual assault;
- Molestation;
- Rape;
- Failure to supervise: A school may face liability if a student is injured when they were not being appropriately supervised; and
- Improper expulsion: If a student was improperly expelled, they may be able to file a lawsuit against the school.
The list above includes causes of action that parents typically use when suing a school on behalf of their child. Teachers and other school employees may also be able to sue based on other causes of action, such as improper discharge of a teacher.
If an employee of a school thinks they were terminated improperly from their position, they will typically also have to attempt to resolve their issue first by using administrative remedies that are available. The employee’s lawyer can advise them if there are different steps they will need to take.
Another common cause of action used in lawsuits against schools is negligence. In these lawsuits, the issue to be resolved is whether or not the student’s injury was foreseeable.
It is important to note that simply because a student was injured during school hours or on school grounds, it does not mean that the school will be liable for the injury.
Important Step to Sue a School: File an Administrative Complaint Before You File a Lawsuit Against the School
Before filing a lawsuit against a school district, an individual will need to file an administrative complaint with the school. They may also be required to complete any other administrative remedies processes that are provided by the school district in order to try and resolve the issue.
This type of complaint is submitted to an agency, usually the state department of education. It will contain the issue or alleged violation, evidence of the issue or violation, and possibilities for resolving the issue.
That agency will investigate the complaint as well as attempt to resolve the issue. Once all of the available administrative remedies have been attempted and the issue is still a problem, the individual will be required to notify the school district of their intent to file a lawsuit.
How to File a Complaint Against the School District in Idaho
An administrative complaint against an Idaho school should be filed with the Idaho Department of Education. If an individual has any concerns or questions about completing the complaint form or submitting the complaint form, an attorney can provide assistance.
Who Can Be Sued in the School System?
There are numerous different categories of individuals in a school that can be used. In addition, a school may be held vicariously liable for the conduct of their employees, which may include:
- Teachers
- Counselors
- Coaches
- Vice principals
- Principals
- Individual school employees
In a lawsuit against a school, there may also be more than one defendant. For example, if a vice principal discriminated against a student, it would be important to determine if their supervisor had knowledge of their conduct and, therefore, should also be held liable.
Is the Process the Same for Suing a Private School District?
Usually, the process for suing a private school district is different than the one used for using a public school district. A public school, unlike a private school, is usually considered to be a government entity.
A private school, in contrast, is typically owned and operated privately. This means that it is often easier to sue a private school because there are not as many additional steps that must be taken before a lawsuit can be filed.
Public schools are often protected by the doctrine of sovereign immunity, which shields the school from certain types of lawsuits. Another difference in suing the two types of schools is that a private school’s insurance company may be sued.
The similarities in suing the two types of schools start when the individual files their civil lawsuit in court. Both categories of schools owe their students the same duty of care and can be sued using the same causes of action.
What Kind of Lawyer Do I Need to Sue a School District?
If you think filing a lawsuit against a school district in Idaho may be necessary, it is important to consult with an Idaho government lawyer. Your lawyer will determine what category of school district your child is attending and advise you of the requirements you will have to fulfill before filing a lawsuit.
Your attorney will advise you on the best way to resolve your issue or concern, as well as explain the remedies that may be available in your case. Your attorney will also draft and file any required legal documents to resolve your claim in addition to representing you before administrative bodies or a court.
At LegalMatch, there are member attorneys, including lawyers to sue a school district, who are ready to begin helping you with your issue. It is easy to submit your case online, and you will receive responses from attorneys who can help you within 24 hours.
