When an individual is considering filing a lawsuit against a school district in Louisiana, they should consult a local attorney in Louisiana. Lawyers to sue a school district can help Louisiana residents and students follow the steps necessary for suing a private school or a public school.
It is very important to first determine whether the school is a public school or a private school because the procedures for filing claims against each type of school are different, and if the proper steps are not taken, the lawsuit may be dismissed in court. Even though there are numerous reasons that an individual may want to sue a school, there are only specific causes of action, which will be discussed below, that can be used for suing a school district in Louisiana.
How to File a Complaint Against the School District in Louisiana?
In order to file a complaint against a school district in Louisiana, they should contact the Louisiana Department of Education. The website contains instructions for submitting a complaint.
A lawyer can help an individual submit their claim to ensure it is completely property and processed efficiently.
To Sue a School District, You Need to Identify Your “Cause of Action”
The plaintiff, or individual filing a lawsuit, has to determine their cause of action when suing a school district. This is the set of facts that will serve as the basis for the lawsuit, for example:
- Sexual harassment and misconduct: Sexual harassment and misconduct claims may involve sexual verbal or physical acts that occurred between a teacher and a student or between other faculty members;
- Negligence: With negligence, the issue in the case will be whether or not the student’s injury was a foreseeable one;
- Disabilities and special education programs: The Individuals with Disabilities Education Act requires schools to follow regulations for students with disabilities, which includes establishing special education programs;
- Discrimination: Discrimination becomes an issue when a school or school district engages in selective admission practices, such as accepting or denying a student for entry based on a characteristic that is protected under constitutional law and federal law, such as:
- Race;
- National origin;
- Gender;
- Others;
- Other causes of action: There are also other causes of action that may be used in a lawsuit against a school district, such as:
- Personal injury actions that involve school employees;
- Improper expulsion of students;
- Other issues that may come up involving a school or school district.
Public and private schools alike have a duty of care to reasonably supervise students for their safety. If the school fails to provide reasonable supervision, the school may be liable for injuries that result from the failure to supervise.
This duty includes supervising students during lunch and recess, as foreseeable injuries may occur if the students are unattended in groups during free time. If students are in groups or engaging in activities during which injuries could reasonably occur, even before or after school hours, the school still has a duty to supervise the students.
Important Step to Sue a School: File an Administrative Complaint Before You File a Lawsuit Against the School
When suing a school, especially a public school, an individual will likely be required to take specific steps before filing their lawsuit in court. Typically, one requirement is filing an administrative complaint in addition to completing any other administrative remedy processes that are available to resolve the issue.
An administrative complaint is a document that the individual submits to an agency, often the Department of Education. These complaints usually involve outlining the alleged legal violations or the facts of the case, evidence that supports the claim, and possible acceptable resolutions to the issue.
The agency will investigate the claim and try to present acceptable resolutions. If an individual exhausts all of the available remedies and does not have a resolution, they can file a lawsuit in court.
What Are the Costs of Suing a School District in Louisiana?
How much it will cost to sue a school district in Louisiana can vary greatly depending on many different factors. For example, one of the main cost variables will be lawyer’s fees.
If a lawyer charges clients at an hourly rate, that rate may range all the way from $150 per hour to $800 or more per hour. For certain types of issues, a lawyer may charge a flat fee.
Other factors that will affect the cost of the lawsuit include, but are not limited to:
- The typical practice area of the attorney;
- Fees for filing in the Louisiana court;
- The issues that must be handled in the case;
- Costs of taking depositions;
- Fees for hiring expert witnesses;
- Costs of document copying and production;
- Fees for process service;
- The complexity of the issues;
- Travel expenses;
- The attorney’s reputation and experience;
- Other costs associated with the preparation of the case and its presentation.
Prior to hiring a lawyer, an individual should ask about the lawyer’s fees and exactly what those fees will cover.
How Long Does It Take to Sue a School District?
It may take longer than an individual would anticipate to sue a school district in Louisiana. In some cases, it can take years to resolve the case fully.
If a reasonable settlement amount is offered by the school district, the case may not take nearly as long to resolve. It is important to be aware that it may take time to process the administrative claim or complete the steps required before even filing the lawsuit.
Is the Process the Same for Suing a Private School District?
Suing a private school is different from suing a public school district. A private school may be sued without first taking other administrative steps to resolve the issue.
Additionally, in some cases, it may be possible to sue the insurance company for the private school, which is not available with a public school. Private schools are also usually privately owned and operated businesses, not government entities like public schools.
A public school that is classified as a government entity will likely be shielded from certain types of claims by sovereign immunity. However, once the plaintiff gets to the point where they file their lawsuit in court, cases involving both private and public schools will follow the same proceedings.
What Kind of Lawyer Do I Need to Sue a School?
If you have an issue with a Louisiana school, it is essential to consult with a Louisiana government lawyer. Your attorney can help you figure out which type of school you will be suing and the steps required based on that determination.
Your attorney will also help you through all of the required steps and ensure that your rights are protected the entire way. If you are unable to reach a resolution without filing a lawsuit, your lawyer will handle the filing and represent you in court.
LegalMatch has a large database of member attorneys, including lawyers in Louisiana, who are available to help you with your issue. All you have to do is submit your issue on the website for free in just a few minutes, and you will receive responses within about a day from lawyers who are ready to assist.
