How an individual sues a school district in Massachusetts depends on several factors, including whether the school is private or public, the location of the school, and the requirements of the individual school or school system. There are different procedures an individual has to follow when they are suing a public school district than when they are suing a private school district.
In order to file a lawsuit against a school district, it must involve certain specific legal causes of action, such as:
- Discrimination
- Willful or intentional negligence
- Sexual harassment
If a district or school engages in discriminatory conduct either when accepting students for admission or when hiring job candidates, the school may be sued. It is against the law to deny a job candidate or potential student entry into a school based only on their:
- Race
- Religion
- Sex
- Gender
- National origin
- Other protected characteristics
For more information on suing a specific school or school district in Massachusetts, it is important to consult with a local attorney in Massachusetts. An attorney can provide advice about filing a lawsuit against the school as well as the procedures for suing a school district in Massachusetts.
To Sue a School District, You Need to Identify Your “Cause of Action”
If an individual wants to sue a school district, they will have to identify their cause of action and a legal term for the facts that establish the grounds that justify filing a lawsuit. Examples of causes of action that can be used as the basis of a school district lawsuit include:
- Disabilities and special education programs: School districts have strict regulations they must follow regarding students with disabilities, including establishing special education programs;
- Sexual harassment and misconduct: These types of claims may involve verbal acts or physical acts that are sexual in nature between teachers and students or between faculty members;
- Discrimination: Discrimination arises when a school district uses selective admission practices by accepting or denying students for entry based on a characteristic that is protected under constitutional and federal law, such as national origin, gender, race, and others;
- Negligence: When suing a school district for negligence, the main issue is whether or not a student’s injury was foreseeable; and
- Other causes of action: Other examples of causes of action that can be used against a school may include:
- Personal injury actions involving school employees;
- Improper expulsion of a student;
- Failure to return the personal property of a student within a certain time frame;
- Other issues that may arise that are related to a school or school district.
Simply because a student was injured during school hours or on school property, it does not always mean that the school will be held liable for the injuries. On the other hand, if the student was injured as a result of ongoing bullying or harassment that the school knew about, it may be liable.
Every school, including public schools and private schools, has a duty of care to exercise reasonable supervisory care for the safety of the students. This means that the school may be liable for injuries that result from the failure to supervise.
A school has a duty to supervise its students during both lunch and recess because, in general, injuries are foreseeable if groups of students are left in groups unattended during free periods. In addition to supervision during these periods, a school may have a duty to supervise students before or after school hours as well if the students are in groups or are involved in activities where injuries would be reasonably expected to occur.
There are also causes of action that teachers or other types of school employees may base a claim on, such as improper discharge of a teacher. It is important to note that the procedural requirements may be different for teachers than for other types of employees.
Important Step to Sue a School: File an Administrative Complaint Before You File a Lawsuit Against the School
An individual will be required to fulfill certain requirements and follow certain procedures before they will be able to file a lawsuit against a school or school district. This often includes filing an administrative complaint and using other available administrative processes to resolve the issue.
Individuals submit administrative complaints to agencies that include their perception of the facts, evidence that supports their claim, and suggestions on how to resolve the issue. The agency will then investigate the claims and issues.
After all of the available administrative remedies have been exhausted, if the individual’s issue is not resolved, they must notify the school district in writing that they are going to file a lawsuit.
Is the Process the Same for Suing a Private School District?
Typically, suing a private school district has a different process than suing a public school district. Public schools, unlike private schools, are typically classified as government entities.
Private schools, on the other hand, are usually owned and operated by a private individual or by corporate shareholders. Because of this, it is usually easier to sue a private school because an individual is not required to file an administrative complaint first.
A public school often enjoys the protections of a doctrine called sovereign immunity. This doctrine shields government entities from some types of lawsuits.
Another difference between the processes suing private schools versus public schools is that a plaintiff may be able to sue a private school’s insurance company instead of suing the school itself. Once an individual suing a public school has completed all of the available administrative remedies, they can file a claim in court just as they would when suing a private school.
As both types of schools typically owe the same duties of care to their students, both types of schools may be sued for similar causes of action.
What Kind of Lawyer Do I Need to Sue a School District?
A Massachusetts government lawyer can help you if you are considering filing a lawsuit against a school district in Massachusetts. It is important for you to consult with a lawyer as soon as you can, as there are time limits on filing claims, and evidence will be easier to obtain closer in time to the incident.
Your lawyer will help determine what type of school you will be suing and the steps you will have to complete before being able to file your lawsuit. Your lawyer will advise you of the options that are available to resolve your issues in addition to the remedies you may be able to obtain.
Your attorney will draft and file all of the documents that are required to resolve your issue. In addition, your attorney will appear and represent you if you have to go before an administrative entity or a court.
At LegalMatch, there is a database of lawyers, including lawyers to sue a school district, who are ready to help you with your claim. On the website, you can submit your concerns and receive responses from member lawyers within about 24 hours, who can help you determine if you have a viable cause of action and how to best resolve your issue.
