When an individual thinks it may be necessary to sue a school district in Kentucky, the concept can be overwhelming. It is important to be aware that there are lawyers to sue a school district who can help if an individual thinks this is a step they may need to take.
The first step in suing a school district is to determine whether the school is private to public. This is because the steps the individual will have to take will vary depending on the classification of the school.
For any questions about the laws and procedures for suing a school district in Kentucky, an individual should consult with a local attorney in Kentucky.
To Sue a School District, You Need to Identify Your “Cause of Action”
Filing a lawsuit against a school district will require a determination of the cause of action or a set of facts and circumstances that provide a basis for bringing a lawsuit. There are several causes of action that are commonly used in lawsuits against schools, including:
- Sexual harassment and misconduct: This cause of action may be used if an individual suffered 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;
- Disabilities and special education programs: If a student has a disability, the school district has to satisfy specific requirements, such as establishing a special education program;
- Discrimination: A cause of action for discrimination may be used if a school or school district engaged in selective admission practices where it provided preferential treatment to, accepted, or denied students for entry based on protected characteristics, which may include, but are not limited to:
- Race;
- Gender;
- Other protected characteristics;
- Employment: Employment issues may also form the basis of a lawsuit filed by teachers or other faculty members, for example:
- Workers’ compensation;
- Wage and hour issues;
- Wrongful termination; and
- Other causes of action: Other causes of action may also be available, such as:
- Personal injury actions involving school employees;
- Improper expulsion of a student;
- Failure of the school to return a student’s personal property within a specified time frame;
- Other issues that may arise.
Negligence is another cause of action that can form the basis of a lawsuit when suing a school district. In these cases, the issue will be if the student’s injury was foreseeable.
It is important to note that public schools and private schools both owe parents and students a duty of reasonable care, which includes, but may not be limited to:
- Supervising students at times during which they play in groups because this is when foreseeable injuries will likely occur;
- Supervising students during lunch and recess;
- Maintaining school buildings, which means performing the necessary repairs to structures that the school is reasonably aware should be completed;
- Providing students with clean and safe educational facilities, which include classrooms;
- Hiring and employing competent and qualified teachers, coaches, and other staff members who properly supervise and educate the students who attend the school.
The duty to supervise a school will be limited to injuries that were foreseeable. This means that if an injury a student suffered was not one that would have been expected to happen when the student was engaging in an activity, the school will most likely not be held liable for failure to supervise.
It is important to note that there are many different types of employees who might be sued if a student is injured, for example:
- Principals
- Vice principals
- Teachers
- Coaches
- School bus drivers
- Guidance counselors
The school or school district itself can also be held liable for the actions of its employees under vicarious liability laws.
Important Step to Sue a School: File an Administrative Complaint Before You File a Lawsuit Against the School
All schools and school districts may have unique requirements that an individual has to fulfill before they are allowed to file a lawsuit. Typically, this includes filing an administrative complaint with the local department of education.
In addition to this, the complaining party must usually also exhaust any other administrative remedies that might be available to them to resolve their issue. The deadlines for filing administrative complaints may also vary by school and school district.
Because of this, it is important for the complainant to determine the deadlines in their particular school district as soon as they can following an incident. Once the complaint is filed, it will be investigated by a government agency.
If an individual has any questions regarding the proper agency in Kentucky with which to file their complaint or how to do so, they should consult with a local Kentucky attorney. Once the possible administrative remedies are exhausted and the issue is not resolved, the individual will be able to file their lawsuit in court.
They will have to notify the school district of their intent to sue as well. If an individual files their lawsuit before taking the required steps, their case will be dismissed in court.
What if There Has Been a Violation Involving Student Discipline?
Student discipline issues usually involve:
- Not allowing the student to participate in school-sanctioned activities, such as sports;
- In-school suspension;
- Detention;
- Out-of-school suspension; and
- Expulsion.
If an individual believes their child or student was unfairly or improperly disciplined, they can file a complaint against the school. In some situations, they may also be able to request a reversal or that the school vacate the disciplinary action taken against the student.
If a student engages in certain types of conduct that have been deemed inappropriate by the school board, they may face expulsion. Conduct that may cause a student to be expelled includes, but is not limited to:
- Fighting with another student
- Causing severe disruptions to the learning environment
- The use of alcohol or drugs on the school campus
If it is determined that a student was improperly expelled, they may be able to file a lawsuit to recover damages. The individual may also be able to request a reversal of the expulsion and prevent the disciplinary action from being included in the student’s school records.
Is the Process the Same for Suing a Private School District?
An individual may be suing a private school district. If so, the process will not be the same as that for a public school district because private schools are usually privately owned and operated where public schools are often considered government entities. As government entities, public schools will be protected by sovereign immunity, which shields them from certain types of lawsuits.
Typically, private schools can be sued without first going through the administrative complaint process. In addition, suing a private school usually only requires that an individual complete the steps required for a regular civil lawsuit.
In some cases, the insurance company that covers the private school may be used instead of the school itself. Even though there are differences in the processes for suing private schools and public schools, there are also several similarities.
Once the plaintiff reaches the lawsuit filing stage, the process will proceed in the same manner regardless of the type of school being sued. Both categories of schools can be sued using many of the same causes of action.
What Kind of Lawyer Do I Need to Sue a School District?
If you are considering filing a lawsuit against a school district in Kentucky, it is important to consult with a Kentucky government lawyer as soon as you can. Your attorney will be able to determine the school classification and the steps required based on that classification.
Your attorney will also help you throughout the process, whether that requires filing an administrative complaint and completing other procedures or going directly to filing a lawsuit. Having an attorney handle your case will help ensure that you utilize the best way available to obtain the remedy you desire.
