If an individual is wondering how to go about filing a lawsuit against a school district in the State of Maine, it may be helpful to reach out to a local attorney in Maine. Lawyers to sue a school district can help Maine students and residents ensure they follow the proper steps for suing a public school and suing a private school.
It is essential to determine whether a school is private or public before moving forward with a claim, as the procedures for suing these different categories of schools are not the same. If the proper procedures are not followed before filing a civil lawsuit in court, that lawsuit may be dismissed.
There may be many reasons that an individual may want to sue a school district, but not all schools can be sued for all reasons. An attorney in the individual’s area can advise them of the available causes of action and requirements for suing a school district in Maine.
How Do I Report a School in Maine?
If an individual or an organization needs to report a school in Maine, they can file a complaint with the Maine Department of Education. For assistance finding the correct information, contacting this department, or filing a claim, contact a local Maine attorney.
To Sue a School District, You Need to Identify Your “Cause of Action”
Whenever an individual is suing a school district, the plaintiff, or the individual who is filing the lawsuit, must have a set of facts that serve as the basis for their lawsuit, for example:
- Disabilities and special education programs: In accordance with the Individuals with Disabilities Education Act, schools must follow specific regulations for students who have disabilities, including operating special education programs;
- Negligence: In a lawsuit for negligence, the issue in the case will be whether or not the student’s injury was foreseeable;
- Sexual harassment and misconduct: Sexual harassment and misconduct claims are claims that involve a verbal act or physical act that was sexual in nature between a teacher and a student or between other faculty members;
- Discrimination: Discrimination happens when a school or school district uses selective admission practices, which means the school accepts or denies students entry to the school based on a characteristic that is protected under federal law, such as:
- National origin;
- Race;
- Gender;
- Other characteristics;
- Other causes of action: Causes of action that can also be used in lawsuits against a school may include:
- Personal injury actions against a school employee;
- Improper expulsion of a student;
- Not returning a student’s personal property in the required time frame;
- Other issues that may come up involving a school or school district.
All schools have a duty of care to provide reasonable supervision for the students who are at the school. Based on this duty, a school may be held liable for injuries that result from a failure to provide supervision.
A school must also provide supervision during recess and lunch breaks, as it is foreseeable that injuries may occur when students are unattended in groups during these types of free periods. If students are engaging in an activity that could reasonably result in injury or if they are in groups, even if it is before or after regular school hours, the school may still have a duty to provide supervision.
Important Step to Sue a School: File an Administrative Complaint Before You File a Lawsuit Against the School
If an individual plans to file a lawsuit against a public school, they should be aware that there will most likely be steps they must complete before filing their lawsuit to avoid a dismissal of their case in court. Typically, this means they will have to file an administrative complaint and use any other administrative processes offered by the school to try and resolve their issue.
Administrative complaints are complaints that are submitted to agencies, usually the state department of education. These complaints usually explain what the individual believes occurred, provide evidence supporting their claims, and suggest suggestions they may have to resolve their issue or issues.
The agency will investigate the claims submitted and try to provide a resolution. After an individual completes all of the available administrative remedies, if a satisfactory result is not reached, they may then file a civil lawsuit in court.
Before filing their lawsuit in court, the individual must notify the school in writing that a lawsuit is going to be filed.
How Long Does It Take to Sue a School District in Maine?
How long it takes to sue a school district in Maine will vary based on many different reasons. It can take longer than an individual thinks it might, even years in certain cases.
If the school or school district offers the plaintiff a reasonable settlement for their issue, the case may be resolved quickly. It is important to remember that it will also take time to complete the required administrative processes, such as investigating the administrative complaint.
The more complex the issue, the longer it will likely take to resolve. There are usually time limits for individuals to file their claims, so they should consult with an attorney as soon as they can.
How Much Does It Cost to Sue a School?
There is not a specific answer for how much it will cost to sue a school, as the cost will vary depending on several issues, such as:
- Lawyer’s fees;
- The lawyer’s practice area;
- Fees for filing in a Maine court;
- The issues involved in the case;
- Costs of deposition;
- Fees for opinions or testimony of expert witnesses;
- Document copying and production costs;
- Fees for service of process;
- How complex the issues are in the case;
- Expenses that must be paid for travel;
- The reputation of the lawyer in their area, as well as their experience;
- Other costs associated with resolving the case.
When an individual hires their attorney, they should ask about the fees they will be charged as well as what their fees will cover.
Is the Process the Same for Suing a Private School District?
The process is not the same when an individual sues a private school. Usually, private schools can be used without first filing an administrative complaint.
In addition, private schools are usually owned and operated by private organizations or individuals. In certain cases, it may be possible to sue the insurance company that insures the school instead of the school itself.
On the other hand, public schools are usually classified as government entities. This means that they are protected from certain lawsuits by the doctrine of sovereign immunity.
Once a lawsuit is filed in civil court, the process will be essentially the same whether they are suing a public or private school.
What Kind of Lawyer Do I Need to Sue a School District?
If you believe you need to make a claim against a school district in Maine, it is essential to have the assistance of a Maine government lawyer. Your lawyer will explain the steps you will be required to take to sue a school based on the category of school your student attends.
Your lawyer will also help you complete any steps you are required to before filing your lawyer. If your lawsuit proceeds in court, your attorney will represent you during any appearances.
