How to Sue a School District in Michigan?

A person would go about suing a school district in Michigan only to the extent it is allowed by the Michigan Governmental Tort Liability Act. This law dictates the procedure in Michigan for filing personal injury claims against school districts in that state. It also dictates when lawsuits against school districts are even possible.

The first step is to talk to a lawyer about the situation that has made a person think about filing a lawsuit. It would be good to start with a local attorney in Michigan. A local attorney can review the facts of the person’s complaint. They might be able to represent the person, or if not, they could refer them to a lawyer who handles cases of the type the person has.

A local attorney in Michigan would also be able to determine if a lawsuit is even possible under the Michigan Governmental Tort Liability Act, or if it is barred by the doctrine of sovereign immunity. If a lawsuit is possible, the lawyer would contact the district about the claim and seek a resolution. It might also be necessary to file a claim with a federal or state agency before going to court.

Do I Need to Identify a Cause of Action to Sue a School District in Michigan?

A person needs to identify their cause of action before suing a school or a school district in Michigan. A cause of action is a legal claim that courts recognize as entitling a person to a remedy of a kind the law allows, e.g., an award of money damages. Some of the causes of action that a person might allege in a lawsuit against a school district are as follows:

• Special Education: The federal Individual with Disabilities Education Act (IDEA) provides rights and access to an appropriate education for students with learning disabilities in Michigan. First, school districts are legally obligated to identify students who may have learning disabilities. They must then evaluate them, and they must do this at no cost to the parents.
  • If a child is found to have a learning disability, the school district must provide the child with an education that enables them to meet their educational objectives. They must do this in an environment that is the least restrictive possible.
  • Schools must offer special education and any related services that children may require, such as occupational therapy, given their unique needs. A school has to write an Individualized Education Program (IEP) for a child with an identified learning disability. An IEP identifies the student’s unique needs, sets educational objectives for the student, and specifies how the objectives are to be achieved.
  • If a school fails to follow the procedures required by the IDEA, a parent may have a cause for complaint against the school district;
• Student’s Injury: If a student suffers an injury at school, their parents may have a claim against the school district. The problem is that public school districts are governmental agencies in Michigan, and they may have sovereign immunity, which is a defense to claims based on the law of negligence.
  • Sovereign immunity means that the state of Michigan and local government entities, such as school districts, are not liable for damages for injuries that students suffer at school.
  • There are exceptions. A government or its agencies may waive their immunity, but this is done only for certain limited types of cases in Michigan. One exception that may apply to a public school district is the public building exception.
  • School districts, like other government agencies, are legally obligated to keep public buildings safe and are liable for injuries when they knew or should have known about a dangerous condition in a building and did not fix it within a reasonable time.
  • A dangerous condition may exist for at least 90 days before an injury occurs. If so, Michigan law allows the presumption that the government agency knew of the danger and had time to repair it.
  • So, if a student were to suffer injury because of a dangerous condition in a school building, they might be able to sue the school district that owns the building. But this is a fairly narrow exception.
  • Of course, if a student suffers a significant injury at school in Michigan, their parents would want to consult a local attorney in Michigan, but a lawsuit may be barred by the doctrine of sovereign immunity;
• Corporal Punishment of Students: Michigan law strictly prohibits corporal punishment of students in schools under any circumstances. It allows the use of reasonable force only in self-defense or defense of others.
  • In addition, force may be used to take a weapon or other dangerous object out of the possession of a student.
  • Another justification for the use of reasonable force is to protect property. Finally, reasonable force may be used to restrain or remove a child from interfering with the order of the school when they are not complying with directions.
  • If a school or school district employee were to use physical force on a child, the parents might well have a cause of action against the employee and/or the school district. Whether the contact amounted to prohibited corporal punishment or was justified as “reasonable force” would be an issue in the case;
• Suspension and Expulsion: Michigan has extensive laws regarding the use of suspension and expulsion as punishment in its schools. If a student has been subjected to punishment that parents feel is inappropriate, again, they would want to consult a local Michigan lawyer who would review the laws regarding punishment to see if there has been a violation and what remedy is possible;
• Search and Seizure: Students have limited rights to privacy, but searches and seizure of their personal belongings by school administrators or teachers could conceivably give a parent a cause of action for illegal search and seizure.
  • In Michigan, state law provides that lockers belong to the school district, and students do not have any expectation of privacy in their locker or the contents of their locker. So, if a student’s locker is searched or anything left in a locker is searched by school personnel, a student does not have a cause of action for illegal search and seizure;
• Breach of Contract: A wide variety of people may have contracts with a school district, notably its employees. However, other people and entities have contracts as well. Businesses that supply food and other products to school food services, copy machine service providers, and suppliers of cleaning supplies and equipment, all these businesses may have contracts with a school district.
  • If the district does not perform as promised in the contract, the business would think about a lawsuit against the district for breach of contract;
• Sexual Harassment and Sexual Assault: A student who is the victim of sexual harassment or sexual assault perpetrated either by an employee of the school district or another student would have a cause of action against the school district in which the harassment or assault takes place. Employees who are subject to harassment or assault might also have a cause of action against the district, depending on the facts;
• Employment Disputes: Of course, school districts employ many people in a wide variety of roles. When employees are given poor reviews, are dismissed, or do not have their contracts renewed, they may have a cause of action. Claims may involve the federal Fair Labor Standards Act (FLSA) or the Family and Medical Leave Act (FMLA) as well as other state and federal laws, e.g., the Michigan law of wrongful termination;
• Discrimination: Public school staff members may experience discrimination at work on the basis of membership in a protected class. This may constitute a violation of the federal Civil Rights Act. An employee who is denied reasonable accommodations for their disability status might sue for violation of the Americans with Disabilities Act (ADA). Students may have claims for discrimination as well, e.g., under Title IX of the Civil Rights Act.

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

Before a person files a lawsuit in a civil court in Michigan, a person and their lawyer would first want to determine if the law requires them to submit a claim to the local school district or the state superintendent of schools in Michigan. They would also want to analyze whether the lawsuit would be defeated by sovereign immunity.

In addition, for claims of violations of federal law, e.g., federal civil rights law, a person may be required to submit a claim to a federal agency before they file a lawsuit. The agency would investigate the situation and aid the parties in trying to resolve it without a lawsuit. If that is not possible, the agency would then allow the person to move forward with a lawsuit in court. This would be the case for possible violations of federal law.

Is the Process the Same for Suing a Private School?

Essentially, the process for suing a private school would be different because private schools do not have sovereign immunity. Private schools are subject to most of the same laws that govern public schools, e.g., the IDEA. Federal civil rights laws apply to private schools as well.

Specifically, the federal IDEA obligates public school districts to locate and evaluate private school students who may have learning disabilities. It also applies to students who are schooled at home.

If the parent or teacher of a student in a private school or schooled at home suspects that the student has a learning disability, they have a right to ask the local school district to assess the student. The school district would pay the costs of this service.

If a child needs special education services, the parent has the choice of sending the child to their local public schools. They are more likely to offer a complete range of special education services in a public school. Alternatively, a parent has the option of keeping their child in a private school where they would receive equitable services.

Public funds pay for equitable services, but the services may be limited. This would not necessarily give the parent a cause of action against the local school district because the parent has the option of sending the school to the public school where the range of services offered may be complete.

What Kind of Lawyer Do I Need to Sue a School District?

If you have a dispute with a school district in Michigan, you want to consult a Michigan government lawyer. LegalMatch.com can connect you to a lawyer quickly. Your lawyer will analyze the facts of your case and tell you if you have grounds for a lawsuit. Your lawyer will identify the procedures you need to follow and whether you should file a claim with a federal agency first.

If you are an employee of a Michigan school district and are injured on the job, you want to consult a Michigan workers’ compensation lawyer. And if you have a business contract with a school district, you want to consult a Michigan contract lawyer. Whatever your need, you can connect to the lawyer who can best represent you through LegalMatch.com.