The process an individual must follow to sue a school district in Illinois may vary by school district. First, an individual must determine whether the school or school district is a public school or private school because the procedures are different for suing a public school versus suing a private school.
It may be possible for an individual to sue a school district if the school engaged in discrimination, either when accepting students for admission or when hiring a job candidate. It is against the law to admit a student or deny a job candidate based solely on their:
- Gender;
- National origin;
- Race;
- Religion; and
- Other protected characteristics.
For more information on filing a lawsuit against a school district in Illinois, an individual should consult with a local attorney in Illinois. An attorney can provide legal advice that is tailored to the Illinois school district and the procedures for suing the school district in the state.
To Sue a School District, You Need to Identify Your “Cause of Action”
When suing a school district, it is essential to determine the cause of action, or legal grounds on which the lawsuit will be based. Examples of causes of action that an individual may have for suing a school include, but are not limited to:
- Excessive and severe punishment: The majority of school systems have policies on the type of punishments that can be used and excessive punishment is not appropriate;
- Discrimination: Federal laws protect against discrimination, including discrimination that occurs in public schools;
- Failure to supervise: The school district may face liability for negligence if a student is injured while not being supervised appropriately;
- Bullying: If a school or employees fail to take steps to stop bullying, the school may be held liable;
- Improper expulsion: If a student was improperly expelled, they may be able to sue the school;
- Sexual misconduct: Sexual harassment is a type of sexual discrimination, which may include:
- sexual assault;
- molestation; or
- rape by a school district employee of a student;
- Educational malpractice: Failing to properly or satisfactorily educate a student may open up the school to liability;
- Disabilities and special education programs: Schools are required to establish special education programs. If these are not established, a student will have a right to file a lawsuit under the Individuals with Disabilities Education Act; and
- Various other causes of action: Other causes of action may include personal injury actions involving school employees, failure to return personal property that belongs to a student within a certain time frame, and other issues that may arise in relation to a school.
These causes of action usually involve a parent suing a school system on behalf of their child. Public schools and some private schools may receive funds from the federal government.
If this occurs, federal discrimination laws governing protected classes or categories will apply. The federal laws that protect individuals against discrimination include:
- The Americans with Disabilities Act (ADA): Discrimination against individuals who qualify as having a disability under the Act is prohibited;
- Title VI of the Civil Rights Act of 1964: Discrimination against individuals based on their race, color, or national origin is prohibited;
- Title IX of the Education Amendments of 1972: This law prohibits discrimination based on sex;
- Some courts have interpreted this law to include discrimination based on gender and gender identity;
- Sexual harassment is also a form of discrimination based on sex; and
- Religious discrimination: Although not explicitly listed in the federal laws noted above, students are free to practice their religion;
- Religious discrimination may also occur along with discrimination based on the individual’s national origin, which is actionable.
It is important to note that teachers as well as other employees of school districts may also be able to sue based on the improper discharge of a teacher. If a teacher or other employee believes they were improperly terminated from their position, they may be able to seek a remedy.
They will likely have to exhaust all administrative remedies before filing a lawsuit.
Important Step to Sue a School: File an Administrative Complaint Before You File a Lawsuit Against the School
Before an individual files a lawsuit against a public school, they will likely be required to file an administrative complaint and to exhaust all available administrative remedies. Administrative complaints are submitted to government agencies in the state where the school district is located.
This complaint will contain certain information, for example, the laws the plaintiff believes were violated, a statement of the facts, and how the plaintiff would like to resolve the issue. The agency, of the state department of education, will review and investigate the claim.
Once all of the available administrative remedies are completed, the individual will be permitted to file a lawsuit. The individual will be required to send a written notification of their intent to file a lawsuit.
Is the Process the Same for Suing a Private School District?
The process for suing a private school district is different from suing a public school. This is because a public school is typically classified as a government entity where a private school, in contrast, is a business.
This means that private schools can be sued by individuals without having to first file administrative complaints. Public schools, if classified as government entities, are typically protected by the doctrine of sovereign immunity.
This doctrine shields the public school from certain types of lawsuits. Another important difference between suing the two types of schools is that an individual may have the option to sue a private school’s insurance company instead of the school itself.
There are also similarities between suing public and private schools once all of the administrative remedies are exhausted with the public school. At that point, the lawsuits will both proceed as standard lawsuits do in court.
Who Can Be Sued in the School System?
Certain employees within school districts and school systems may be sued. In some cases, a school district may be vicariously liable for an employee who was involved in the conduct that led to the lawsuit.
Parties who may be named as a defendant in a school lawsuit include:
- Teachers;
- Coaches;
- Principals;
- Vice principals;
- Counselors; and
- Individual school employees.
It is also important to note that there may be more than one defendant. For example, if a teacher discriminated against a student, the lawsuit may also name their supervisor or superiors if they were aware of the employee’s actions.
What Kind of Lawyer Do I Need to Sue a School District?
If you are considering suing a school district, it may be stressful and overwhelming. You should consult with an Illinois government lawyer as soon as possible to determine what causes of action may be available in your case.
If your child was injured at school or on the school property, there may be procedures you must first follow before filing a lawsuit. Your attorney can advise you of the necessary steps you will need to take to ensure your case will not be dismissed in court.
Your lawyer will also be able to advise you regarding the best way you can seek legal recourse based on your issue and the school district location. LegalMatch can provide you with contact information for lawyers to sue a school district in your area who are ready to begin working in your case.
