How to Sue a School District in Maryland?

There are only 24 school districts in Maryland, which is a geographically small state. Each county has its own school district. A person may sue a school district in Maryland. However, they must contend with the state’s Tort Claims Act. when suing a school, a school district, or an employee of a public school district.

The Maryland Tort Claims Act requires a person who has a claim against a school district to submit the claim in writing to the local school district within 1 year of suffering injury. The statute of limitations in Maryland for personal injury claims against private entities is 3 years from the time of the incident that resulted in injury.

So, a person should be prepared to act promptly if they believe they have cause to file a lawsuit against a school district. They would want to consult a local attorney in Maryland as soon as they think they have a claim.

In addition, Maryland’s Tort Claims Act limits the amount of damages a person can recover for a personal injury claim to $400,000 for injuries arising from a single incident or $800,000 for all claims.

Generally, a person would sue a school district and not a school for an injury sustained in a public school as it is the district that would be legally responsible.

The Tort Claims Act only applies to personal injury claims. There are other claims that a person may have against a school district that would not be covered by the Tort Claims Act, as explained below.

Do I Need to Identify a “Cause of Action”?

As for every lawsuit, a person who contemplates suing a school district must identify a cause of action. A cause of action is a claim that the law recognizes as entitling a person to certain legal remedies. For example, a person who has slipped and fallen on school premises may allege premises liability in a complaint and seek an award of money damages as the remedy for their injury.

Some of the causes of action that a person might claim in their complaint against a school district are as follows:

• Corporal Punishment of Students: Maryland law clearly prohibits the use of corporal punishment as a disciplinary measure in its public schools. Maryland law also authorizes the state Board of Education to establish guidelines for a statewide code of discipline for all of the state’s public schools.
  • The state Board is also authorized to help each local county Board of Education implement the state guidelines. Each county Board is authorized to establish its own regulations regarding the maintenance of order and discipline in its schools, but they should conform to state guidelines;
• Disciplinary Measures: Maryland has extensive regulations regarding the kind of disciplinary measures that personnel in a public school may employ. The Maryland Compilation of School Discipline Laws and Regulations is 112 pages long. A person may have a concern about the manner in which their child has been disciplined at school. If so, they would want to consult a local Maryland attorney for guidance on how to address the issue;
• Special Education: The Individual with Disabilities Education Act (IDEA) is a federal law that establishes the rights and processes that every school in the U.S. must offer to students with learning disabilities. First, school districts are legally required to identify students who may have learning disabilities. They would do this through testing. They must then assess them with the goal of identifying their special educational needs. They should do this at no cost to the parents.
  • If a child has a learning disability, a school district must provide the child with an education that is appropriate for them, given their special needs. The education must be provided in an environment that is the least restrictive possible;
  • A school must prepare an Individualized Education Program (IEP) for a child who has a learning disability. In the IEP, the student’s special needs and educational objectives would be specified. The IEP would state what measures the school is going to take so that child can meet their objectives;
  • If a parent does not think that their child’s IEP is appropriate, they can request a hearing and review from their state’s educational agency. If they do not agree with the state agency’s decision, they may appeal the decision in a state or federal court;
• Student’s Injury: If a student is injured at school, their parents may have a cause of action for negligence against the school district. Districts may be liable in several circumstances. For example, if the injury was inflicted by another student because the school failed to provide adequate supervision of students, a school district may be liable for negligent supervision. If the injury resulted from hazards on the premises or hazardous equipment, the school may be liable.
  • Schools owe a duty of care that includes obligations to supervise students and maintain schools and playgrounds in a safe condition. If their staff is negligent and the negligence is the direct cause of injury to a student, they may be liable for negligence;
• Employee Injury: A school district employee who is injured on the job would turn to Maryland’s workers’ compensation system for compensation;
• Search and Seizure: In a public school in Maryland, certain school officials, i.e. a principal, assistant principal, or school security guard, may conduct a reasonable search of a student in their school or on a school-sponsored trip if they have a reasonable belief that the student possesses an item which it is a criminal offense to possess. A search may also be conducted if possession of the item in question violates any state law or county board of education rule or regulation.
  • A principal, assistant principal, or school security guard may search a school, including student lockers, as long as such a search is announced or previously published in the school.
  • A teacher may conduct the search if the student is on a school-sponsored trip. However, in order to conduct a search, a teacher has to be authorized in writing by the school principal and receive training equal to that received by a school principal. Any search must be done in the presence of a third party;
• Discrimination: The employees of a school district in Maryland may have a cause of action for discrimination on the basis of membership in a protected class if their school district employer acts in a discriminatory manner that violates the federal Civil Rights Act. If a school does not make reasonable accommodations for an employee’s disability, the employee might have grounds to sue for violation of the Americans with Disabilities Act (ADA). Students might complain about violations of Title IX of the Civil Rights Act.

Do I Need to File an Administrative Complaint Before I File a Lawsuit Against a School District?

As noted above, the Tort Claims Act also caps the amount a party can recover. A government agency cannot be held liable for more than $400,000 for injuries arising from a single incident or $800,000 for total claims from the incident.

The Tort Claims Act also requires that the injured person, or their parent on their behalf if the injured person is a child, submit a written claim within 1 year of the date when the person suffered their injury.

Is the Process the Same for Suing a Private School?

If a person has a cause of action against a private school or an independent daycare facility, they do not have to deal with the Maryland Tort Claims Act.

It is important to understand that the IDEA requires public school districts to provide the measures needed for students with disabilities in private schools as well as public ones. The same is true for students who are schooled at home too.

Either the parent or the teacher of a private school or a student schooled at home who suspects that one of their students needs special education services for a learning disability should ask their local school district to evaluate the student. It should be provided at the expense of the public school district.

If the student qualifies for special educational services, the parents may send the student to their local public school, where complete special education services would be provided. Or, a parent may keep their child in their private school and receive equitable services.

Equitable services would be provided free of charge, but the services might be somewhat limited. This would not give the parent a cause of action against the local school district because the parent could send their child to a public school where they would receive complete services.

If a school is truly private and does not receive any public money, it may not claim sovereign immunity. Suing a private school would be the equivalent of suing any other private entity.

Should I Hire a Lawyer to Sue a School District?

If you have an issue involving a school district in Maryland, you want to talk to a Maryland government lawyer. LegalMatch.com can put you in touch with a lawyer who will analyze your situation and let you know if you have a cause of action.

Your lawyer will identify any administrative procedures you need to go through before you can sue and whether you need to submit a claim with a state or federal agency first.