How to sue school districts in Indiana will vary depending on whether the school is a private school or a public school. This is an important distinction, as determining the type of school will prevent the waste of valuable time and resources, as the procedures used for suing a public school district versus suing a private school district are different.
There are many reasons why an individual may need to sue a school or district. In order to file a claim against a school, however, it must be based on certain specific legal issues, such as:
- Willful or intentional negligence
- Discrimination
- Sexual harassment
It is important to note that not all types of claims can be brought against school districts or schools. A local attorney in Indiana can provide an individual with advice on the procedures for suing a school district in their area.
To Sue a School District, You Need to Identify Your “Cause of Action”
Another important step for an individual to take when they are suing a school district is to determine their cause of action. The causes of action that can be used as the basis of a lawsuit against a school district will typically include:
- Employment: Teachers or other faculty members can sue a school for issues such as:
- Wrongful termination;
- Claims related to wage and hour issues;
- Workers’ compensation;
- Sexual harassment and misconduct: These types of claims can include verbal conduct or physical conduct that is sexual in nature;
- Typically, these types of claims usually involve a teacher and a student;
- This cause of action, however, can be used in a case involving faculty members, for example, a teacher suing a principal for sexual harassment;
- Child abuse: A child abuse cause of action may arise if a school district knows that a student was being bullied, abused, or sexually harassed by another student or teacher and they do not alert the authorities or take any steps to prevent the issue from continuing;
- Disabilities and special education programs: School districts have strict regulations that govern students with disabilities and establishing special education programs;
- Discrimination: Discrimination can be used as a cause of action when a school district uses selective admission practices;
- Selective admission practices are used when a school either denies or accepts a student for entry or gives them preferential treatment based on a category that is protected by constitutional laws and federal laws, which include:
- Race;
- National origin;
- Gender;
- Religious beliefs;
- Others;
- Various causes of action: Other causes of action that may be used include:
- Failure to return the personal property of a student within a certain time;
- Improper expulsion of a student;
- Personal injury actions that involve school employees;
- Other issues that can occur with a school or a school district.
One other cause of action that is commonly used when suing a school is negligence, which involves a determination of whether or not the student’s injury was foreseeable. All schools, including both public schools and private schools, have a duty of care to exercise reasonable supervisory care for the safety of their students.
In these situations, a school may be held liable for injuries that result from the failure to supervise. Schools have a duty to supervise the students during times such as lunch and recess, as it is foreseeable that injuries would occur when groups of students are left unattended during free periods.
The school may also have a duty to supervise the students before or after school hours if the students are involved in activities that would reasonably cause injuries or if they are in groups. Public schools cannot be used for simple negligence, only intentional or willful negligence.
There may also be causes of action that school employees and teachers can use as the basis for a claim, such as the improper discharge of a teacher, as noted above. The procedural requirements may differ for teachers and for other employees. A lawyer will be able to help any type of school employee with their claim.
Important Step to Sue a School: File an Administrative Complaint Before You File a Lawsuit Against the School
There are processes that individuals are required to follow before they can file a lawsuit against a school district in court. Typically, an individual will be required to file an administrative complaint and use all other available administrative remedies first.
An administrative complaint is a complaint that is submitted to a government agency in the state where the school is located, commonly the Department of Education. These types of complaints include the laws that were allegedly violated, a statement of what occurred, documentation that supports the complaint, and possible resolutions for the issue.
The claim that is filed will be investigated by the agency to which it was submitted. Once the plaintiff has gone through every available administrative remedy, they will be able to file their lawsuit in court.
At this time, they will be required to notify the school that they will be filing a lawsuit in writing. If an individual does not follow these required procedures, their lawsuit may be dismissed from court.
Is the Process the Same for Suing a Private School District?
The process that is used in laws against a private school district is different from the process used against a public school district. This is because public schools are typically classified as government entities.
Private schools are usually businesses that are owned and operated by corporate shareholders or by private individuals. A private school may be sued without having to file an administrative complaint, making it easier to file a lawsuit against a private school than against a public school.
A public school is usually protected by the doctrine of sovereign immunity, a doctrine that shields government entities from some types of lawsuits. Plaintiffs usually have an option to sue the private school’s insurance company as well, which is not available for public schools.
Once an individual has exhausted all of the administrative remedies that are available and is ready to file their claim in court, the process will be the same for both private and public schools.
What Kind of Lawyer Do I Need to Sue a School District?
If you are considering filing a lawsuit against a school district or a school in Indiana, it is important to consult with an Indiana government lawyer. Your lawsuit against a school will be based on the facts of the case and the laws of the area where the school is located, which means that the outcomes may vary and may be hard to predict without the help of a lawyer.
Having a lawyer handle your claim will help ensure that you have completed all of the proper administrative steps to proceed to the lawsuit phase. In addition, your lawyer will be able to advise you on the best way to seek a legal remedy based on your issue and what you may be able to recover.
LegalMatch can be a helpful resource for finding lawyers to sue a school district. Your lawyer will handle all of the legal aspects of your issue so you can deal with the stressful situation without extra worry.
