How to Sue a School District in Missouri

In Missouri, the process for suing a school may vary by district. In general, the first step an individual should take is to determine whether they will be suing a public school or a private school.

It is essential to determine this at the beginning of the claim process, as there are different procedures for suing public schools than for suing private schools. There may be numerous reasons an individual may desire to sue a school district. However, in order for a legal action to be valid, it must be based on certain issues, such as sexual harassment, willful or intentional negligence, or discrimination.

An example of when it may be possible to sue a school is if the district or specific school engaged in discriminatory practices, either when hiring an employee or when accepting a student for admission. In both of these situations, it is against the law for the school to deny a candidate a job or a student admission based solely on their:

• Race;
• Gender;
• National origin;
• Sex;
• Religion; or
• Other protected characteristics.

An individual can learn more about suing a specific school or school district by contacting a local attorney in Missouri. Lawyers to sue a school district can give an individual legal advice that is tailored to their issue as well as the laws and procedures for suing a school in their area.

To Sue a School District, You Need to Identify Your “Cause of Action”

When an individual is considering filing a lawsuit against a school district, they will need to determine the cause of action, or set of facts, that gives them justification for filing their lawsuit. Examples of common causes of action used in lawsuits against schools include:

• Sexual harassment and misconduct: This cause of action may arise if an individual was subjected to verbal or physical acts that were sexual in nature, typically between a student and a teacher;
  • These claims may also involve faculty members or other school employees;
• Discrimination: Discrimination may have occurred if a school used selective admission practices and provided preferential treatment to, accepted, or denied a student entry based on a protected characteristic, which may include, but is not limited to:
  • Race;
  • National origin;
  • Gender;
  • Other protected characteristics;
• Disabilities and special education programs: If a student has a disability, a school district has to follow specific regulations, including establishing a special education program;
  • A student may be able to sue under the Individuals with Disabilities Education Act if the requirements are not met;
• Employment: Teachers or other school faculty members may be able to sue a school based on an employment issue, such as:
  • Wage and hour issues;
  • Workers’ compensation; and
• Other causes of action: Other causes of action that can be used against schools include:
  • Personal injury actions that involve school employees;
  • Improper expulsion of a student;
  • Failure to return a student’s personal property within a specified time frame;
  • Other issues that may arise.

In addition to the causes of action listed above, another common cause of action used when suing a school district is negligence. In a negligence case, the issue will be whether or not the student’s injury was foreseeable.

Public schools and private schools alike owe their students and parents a duty of reasonable care, which includes, but is not limited to:

• Providing supervision at times when students play in groups, as this is when foreseeable injuries will likely occur;
• Supervising students during lunch and recess;
• Maintaining buildings at the school by performing any necessary repairs to structures that the school is reasonably aware are necessary;
• Providing clean and safe educational facilities, which include classrooms;
• Employing teachers, coaches, and other staff members that are competent and qualified who will properly supervise and educate the students.

The duty of a school to supervise will be limited to those injuries to students that were foreseeable. This means that, if a student’s injury was not one that would have been expected to occur when engaging in a certain activity, the school will likely not be held liable for failure to supervise.

Many different individuals can be used if a student is injured, such as:

• Coaches
• Principals
• School bus drivers
• Teachers

The school may also be held liable for the actions of an employee under the legal theory of vicarious liability. Public schools cannot be sued for simple negligence; they can only be sued for willful or intentional negligence.

Important Step to Sue a School: File an Administrative Complaint Before You File a Lawsuit Against the School

All school districts have processes that individuals have to follow before they are able to file a lawsuit against a school or school district. In general, this requires the individual to file an administrative complaint and use all other available administrative remedies first.

Administrative complaints are submitted to government agencies in the state where the public school or school district is located. Administrative complaints often contain information such as:

• What laws were allegedly violated;
• A statement of the facts;
• Documentation that supports the complaint;
• Recommendations for resolving the issue.

The government agency will investigate the claims made in the complaint. It may also request additional evidence or information from the individual who filed the complaint, or the complainant.

Once an individual goes through all of the available administrative remedies, they will be allowed to file a lawsuit in court. Before they file their lawsuit, they will have to send a letter notifying the school of their intent to sue.

Is the Process the Same for Suing a Private School District?

The process for suing a private school district will differ from that for suing a public school district. This is because public schools are often classified as government entities.

This means that they may have sovereign immunity or may be shielded from certain types of lawsuits. This is in contrast to a private school, which is typically a privately owned and operated business.

This means that private schools can usually be sued without having to go through the administrative complaint process first. Suing a private school usually only requires an individual to complete the steps of a regular lawsuit.

It may also be possible for an individual to sue the private school’s insurance company instead of suing the school. Even though there are differences in these processes, once it is time to file the lawsuit, the processes will proceed in similar manners.

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

If you have a school-related issue in Missouri, it is essential to consult with a Missouri government lawyer, who can help you determine whether the school you want to sue is private or public. The process for filing your lawsuit may be different depending on the location of the school.

Your lawyer will be able to advise you of the causes of action that may be available and help ensure you fulfill all of the administrative requirements so that your case will not be dismissed by a court. Your attorney will draft and file all of the legal documents related to your claim and represent you before administrative bodies as well as in court.