The process an individual will use for suing a school district in Montana will depend on several issues, including:
- Whether the school is classified as a public school or as a private school
- The location of the school
- The requirements of the individual school or school system
There may be different requirements an individual will be required to fulfill when suing a public school than those they would follow when suing a private school. The case must involve specific causes of action to file a lawsuit against a school or school district, for example:
- Discrimination
- Willful or intentional negligence
- Sexual harassment
If a school has used discriminatory practices when hiring employees or when accepting students for admission, the school may face liability. It is illegal to deny a potential employee or prospective student entry to a school based solely on their:
- Race
- National origin
- Religion
- Gender
- Sex
- Other protected characteristics
To find out more about the process for suing a specific school district or school in the State of Montana, it may be helpful to consult with a local attorney in Montana. An attorney can provide advice and information about the requirements for suing a school district in Montana.
To Sue a School District, You Need to Identify Your “Cause of Action”
If an individual is considering suing a school, they will need to determine what cause of action their lawsuit will be based on. This is a set of facts that establish the grounds for the lawsuit.
Examples of causes of action that may be used when filing a lawsuit against a school include:
- Discrimination: Discrimination arises when a school or school district has selective admission practices when accepting or denying students for entry to the school based on a characteristic that is protected under federal law, such as national origin, race, gender, race, and other characteristics;
- Negligence: When an individual is suing a school district for negligence, the main issue is whether or not the injury the student suffered was foreseeable;
- Disabilities and special education programs: School districts are required to follow strict regulations related to students who have a disability, including establishing special education programs;
- If these requirements are not fulfilled, the student can file a lawsuit under the Individuals with Disabilities Education Act;
- Sexual harassment and misconduct: These types of sexual discrimination claims may involve verbal or physical acts that are sexual in nature, which occur between teachers and students or between other categories of faculty members; and
- Other causes of action: Additional examples of causes of action that an individual may use in a lawsuit against a school district may include:
- A personal injury claim that involves a school employee;
- A student who faced an Improper expulsion;
- Not returning the personal property of a student within a specific time frame;
- Other issues that may arise that are related to a school or school district.
Even when a student is injured during school hours or on the school grounds, it does not necessarily mean that the school will be held liable for the student’s injury. If a student was injured because of ongoing harassment or bullying that the school did not attempt to stop, it may be held liable for the injury.
All schools have a duty of care to provide reasonable supervision to the students at the school. Because of this duty, a school can be held liable for injuries that result from a failure to supervise.
Schools have a duty to provide supervision to students during recess and lunch periods, as injuries are foreseeable at times when children are unattended and in a group. A school may also have a duty to supervise students before or after normal school hours if the students are in a group or are engaging in an activity during which an injury would be foreseeable.
School districts can also be held liable for the actions or conduct of their school employees pursuant to vicarious liability laws. This means that a school may be liable for the actions of the following individuals:
- Teachers
- Coaches
- Guidance counselors
- Principals
- Vice principals
Other types of school employees, such as teachers, may also have a claim based on the improper discharge of a teacher. The requirements for teachers to file a claim may be different than for other types of school employees.
Important Step to Sue a School: File an Administrative Complaint Before You File a Lawsuit Against the School
There are requirements that an individual may have to complete before they can file a lawsuit against a public school. This may include filing an administrative complaint and following through with any other available administrative processes to resolve the issue they are having with the school.
Administrative complaints are typically submitted to the state Department of Education and include the alleged violation, supporting evidence, and possibilities for resolving the issue. The agency to which the complaint was submitted will investigate the complaint.
Once all of the available administrative remedies have been used and the issue is still not resolved, the individual will have to notify the school in writing that they will be filing a lawsuit.
Is the Process the Same for Suing a Private School District?
The process for suing a private school district is not the same as the process for suing a public school district. As noted above, with public schools, an individual may first have to submit an administrative complaint or fulfill other requirements.
On the other hand, an individual can typically sue a private school without any additional requirements before filing their claim in court. This means that suing a private school is typically more straightforward and simple than suing a public school.
Another difference between suing private and public schools is that, with a private school, an individual may be able to sue the private school’s insurance company instead of the school itself. However, once the claim against the school is filed in a court of law, the processes for suing public and private schools will proceed in the same manner.
What Kind of Lawyer Do I Need to Sue a School District?
If you are considering filing a lawsuit against a school district in the State of Montana, a Montana government lawyer can help. It is essential to consult with an attorney as soon as possible, as there may be a time limit on filing your claim, called the statute of limitations.
Your attorney can help you complete all of the steps you have to take before filing your civil lawsuit in court. In addition, your attorney can tell you what your options are to resolve the issue and the remedies that may be available.
Your government lawyer will draft and file all of the documents related to your lawsuit in court. If you have to appear in front of an administrative body or court, your lawyer will represent you.
LegalMatch is an excellent resource that you can use to find lawyers to sue a school district. LegalMatch has numerous member lawyers who can help with your issue.
On the LegalMatch website, you can submit your issue online in just a few minutes. You will receive responses from attorneys in your area who are ready to begin working on your case in about 24 hours.
