When an individual is filing a lawsuit against a school district in Minnesota, the process may vary based on their location. In general, however, the first step they should take is to determine whether they are suing a private school or a public school.
This is an important determination, as the processes for suing the different categories of schools vary. In addition, if an individual does not follow the required procedures before filing a lawsuit against a public school, their claim may be dismissed in court.
An individual may want to sue a school for many different reasons, but there are only certain causes of action that can be used, which will be discussed below. In order to find out more about suing a school in Minnesota, it is important to consult with a local attorney in Minnesota.
Lawyers to school a school district can provide an individual with legal advice as well as the requirements for suing a school district in their area.
How Do I Report a School in Minnesota?
If an individual needs to report a school in the State of Minnesota, they should contact the Minnesota Department of Education. If they need assistance determining exactly who to contact or how to file their claim, a lawyer can help.
To Sue a School District, You Need to Identify Your “Cause of Action”
If an individual is considering suing a school district, they will have to identify the set of facts that will allow them to file their lawsuit, called the cause of action. Common examples of causes of action that are used in lawsuits against school districts include:
- Disabilities and special education programs: Under the Individuals with Disabilities Education Act, schools are required to follow specific regulations for students with disabilities, including establishing special education programs;
- Discrimination: Discrimination occurs when a school engages in 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;
- Race;
- Gender;
- Others;
- Sexual harassment and misconduct: These claims involve verbal acts or physical acts that are sexual in nature between a teacher and a student or between other faculty members;
- Negligence: When an individual is suing a school district for negligence, the issue will be whether or not the student’s injury was foreseeable;
- Other causes of action: Other causes of action that may be used in lawsuits against a school may include:
- Personal injury actions involving school employees;
- Improper expulsion of a student;
- Failure to return the student’s personal property within the proper time frame;
- Other issues that may arise that are related to a school or school district.
All types of schools, both public schools and private schools, have a duty of care to exercise reasonable supervisory care for the safety of their students. Because of this, a school may be liable for injuries that result from a failure to supervise.
This duty includes supervising students during recess and lunch, as it is foreseeable that injuries may occur if students are in groups unattended during these types of free periods. The school may also have a duty to supervise before or after school hours if the students are in groups or are engaging in activities during which injuries would be reasonably expected to occur.
Important Step to Sue a School: File an Administrative Complaint Before You File a Lawsuit Against the School
There are requirements that an individual will most likely have to fulfill before they are able to file a lawsuit in court against a school district. Typically, this includes submitting an administrative complaint and going through all of the other available administrative processes to try and resolve their issue.
Administrative complaints are submitted to agencies, such as the Department of Education, and include the individual’s statement of facts, evidence that supports their claim, and suggestions they may have to resolve the issue.
The agency or department will then investigate the individual’s claims and attempt to resolve the issue. Once all of these administrative remedies are completed and the issue is still not resolved, the individual is required to notify the school in writing that they will be filing their lawsuit.
How Much Does It Cost to Sue a School?
How much it will cost to sue a school will depend on many different factors, including the type of lawsuit as well as the location where the issue is being resolved. Generally, cases that are less complex will also cost less to resolve, as they can often be resolved outside of court.
The cost of litigation will typically include preparing, filing, and defending an individual’s claim, which may require:
- Lawyer’s fees;
- Fees for filing in court;
- Costs of deposition;
- Fees for expert witnesses;
- Document copying and production costs;
- Fees for process service;
- Expenses for travel;
- Other costs associated with the preparation of the case and its presentation.
The cost of litigation will also vary depending on criteria related to the attorney, for example, their location, practice area, and reputation. Examples of factors that affect the cost include, but are not limited to:
- Practice area: Due to the particular experience that is necessary for some practice areas, such as patent litigation or securities litigation, these cases may have higher attorney fees;
- Attorney fees: Attorney fees may also differ based on the location where the case is being heard;
- Lawyers practicing in cities with greater living expenses may charge more than lawyers in rural regions;
- Experience and reputation of the lawyer: Attorneys who have more experience and are well-known may demand more fees than lawyers who are less experienced or less well-known.
It is important for an individual to be aware that a lawyer’s hourly rate can vary greatly. Some attorneys may charge as low as $150 per hour, while other attorneys may charge $800 per hour or more.
There are also attorneys who may charge a flat fee for some services, such as drafting a complaint or negotiating a settlement. Before hiring an attorney, an individual should ask exactly what the cost will be and what those costs will cover.
Is the Process the Same for Suing a Private School District?
As discussed above, the process for suing private schools is different from the process for suing public schools. Public schools are typically classified as government entities, whereas private schools are typically privately owned businesses.
This means that a private school can usually be sued without having to complete other processes first, making it easier for an individual to sue them. Public schools, on the other hand, are usually protected by sovereign immunity.
This is a doctrine that shields government agencies from some types of lawsuits. Additionally, it may be possible to sue the insurance company that covers the private school instead of the school itself.
Once the process reaches the filing of a lawsuit in court, it will proceed in the same manner, no matter which type of school is being sued. Additionally, both categories of schools can usually be sued for the same causes of action because they owe the same duty of care to the students.
What Kind of Lawyer Do I Need to Sue a School?
If you have a need to sue a school district, it is essential to consult with a Minnesota government lawyer. Lawsuits against schools can be complex, especially if it is a public school.
Your lawyer will help ensure that you take all of the necessary steps before filing your lawsuit in court so that your claim will not be dismissed. Additionally, once your lawsuit reaches the court, your lawyer will be there to protect your rights and ensure that your case proceeds smoothly to resolution.
