When considering having to sue a school district or school in Kansas, it may be overwhelming. There are lawyers to sue a school district who can help an individual determine what steps they should take.
The first step for an individual who is suing a school is to determine whether that school is public or private. The steps that the individual will be required to take will vary depending on the classification of the school.
For answers regarding the procedures that must be followed to sue a school district in Kansas, it may be helpful to consult with a local attorney in Kansas.
To Sue a School District, You Need to Identify Your “Cause of Action”
In addition to determining the classification of the school, an individual will also have to determine their cause of action or facts that will serve as the basis for their lawsuit. Causes of action that may be used in lawsuits against schools include, but may not be limited to:
- Sexual harassment and misconduct: A sexual harassment based cause of action can be used if a student suffered from verbal or physical acts that were sexual in nature;
- This cause of action often involves a student and a teacher, but it can also involve other school employees or faculty members;
- Discrimination: Discrimination is a cause of action that can be used if a school or school district selectively admitted or provided preferential treatment to, accepted, or denied students for entry based on certain federally protected characteristics, which may include, but are not limited to:
- Race;
- National origin
- Gender;
- Other protected characteristics;
- Employment: A lawsuit may filed by teachers or other faculty members based on employment issues, for example:
- Workers’ compensation;
- Wage and hour issues;
- Wrongful termination;
- Disabilities and special education programs: If one or more of the students at the school have a disability, the school districts must fulfill specific requirements, such as establishing a special education program;
- Other causes of action: There are also other causes of action that may be used, such as:
- Personal injury actions involving school employees;
- Failure of the school to return a student’s personal property within a specified time frame;
- Improper expulsion of a student;
- Other issues that may arise.
When suing a school district, negligence is another common cause of action. In negligence lawsuits, the issue is whether the student’s injury was foreseeable.
Public and private schools owe students and parents a duty of reasonable care to prevent injuries, which includes:
- Supervising the students during times when they play in groups because this is when foreseeable injuries are likely to occur;
- Supervising the students during lunch and recess;
- Maintaining the buildings on the school grounds, including performing the necessary repairs to structures that the school is reasonably aware should be completed;
- Providing the school’s students with clean and safe educational facilities, which include classrooms; and
- Having competent and qualified teachers, coaches, and other staff members employed who properly supervise and educate the students at the school.
It is important to be aware that this duty to supervise the students will be limited to foreseeable injuries. In other words, if a student suffered an injury that would not have been reasonably expected when engaging in a certain activity, it is not likely that the school will be held liable.
The school can also be held liable for the actions of its employees under vicarious liability laws, which may include:
- Principals;
- Vice principals;
- Teachers;
- Coaches;
- School bus drivers; and
- Guidance counselors.
What if There Has Been a Violation Involving Student Discipline?
Issues surrounding student discipline often involve:
- Not permitting the student to participate in a school-sanctioned activity, such as sports;
- Detention;
- In-school suspension;
- Out-of-school suspension; and
- Expulsion.
If a student was improperly or unfairly disciplined, an individual can file a complaint against the school. In some cases, they may be able to request that the disciplinary action be reversed or vacated.
However, if the student engaged in conduct that was deemed inappropriate by the school board, they can face expulsion. Conduct that may result in expulsion includes:
- The use of alcohol or drugs on the grounds of the school
- Fighting with other students
- Causing severe disruptions to the school’s learning environment
If a student was improperly expelled, they could file a lawsuit to recover damages and prevent 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
Every school and school district may have unique steps that the individual must take before they can file a lawsuit in court, which usually includes filing an administrative complaint with their local department of education. Additionally, they may be required to complete other administrative processes provided by the school.
The deadlines for filing a lawsuit against a school district and completing these processes can vary by school district. Due to this issue, an individual should determine the deadlines in their school district as soon as they can after an incident occurs.
Once they file their administrative complaint, the agency that received it will investigate the allegations. An individual can consult with a local Kansas attorney for help determining these deadlines in order to avoid having their lawsuit dismissed in court.
Is the Process the Same for Suing a Private School District?
If an individual is considering suing a private school district, the process will differ from that used for suing a public school district. This is because a private school is usually privately owned and a public school is usually a government entity that is protected by sovereign immunity.
Sovereign immunity provides protections for government entities from certain types of lawsuits. Private schools can usually be sued without first having to complete any other administrative steps.
Also, suing a private school only typically requires that the individual complete the steps required in a regular civil lawsuit. The insurance company that covers the private school may also be sued in certain situations.
There are also similarities between the two processes once the individual reaches the lawsuit stage. Both types of schools may be sued using the same causes of action and the lawsuits against them will proceed in the same way once they are filed in court.
An individual’s lawyer can advise them of the specific procedures used for resolving Kansas school district lawsuits in their area.
What Kind of Lawyer Do I Need to Sue a School District?
If you believe you may need to file a complaint or lawsuit against a school in Kansas, you should consult with a Kansas government lawyer as soon as possible. Your lawyer will advise you of the type of school and the steps you must take based on that classification.
Your lawyer will help you throughout the resolution process, including filing your administrative complaint, if needed, and filing a lawsuit. Having a lawyer handle your issue will help ensure your rights are protected and you are attempting to remedy your issue in the best and most efficient way available.
