In the State of Nebraska, the process an individual will be required to follow to sue a school district will depend on their location as well as the type of school. Determining the category of school is important when suing a private school or suing a public school, as it will dictate the steps the individual has to take.
It is also important to be aware that it is not possible to bring every type of legal claim against a school. There are only certain claims that can be used, which will be listed below.
A local attorney in Nebraska can help an individual determine what the process will be for suing a school district in their area. An individual’s attorney will also advise them of the steps they will have to take to resolve their issue.
It is important for an individual to have the help of an attorney in their area to ensure that their claim will not be dismissed in court because they did not take the proper steps before filing.
To Sue a School District, You Need to Identify Your “Cause of Action”
An individual will need to identify their cause of action, or the set of facts that form the basis of the lawsuit, before suing a school. Examples of the types of causes of action that can be used when an individual is filing a lawsuit against a Nebraska school include:
- Discrimination: There are federal laws in place that protect individuals, which includes students, against discrimination, such as:
- Title VI of the Civil Rights Act of 1964 makes it illegal to discriminate against individuals based on their:
- National origin;
- Sex;
- Race;
- Disability;
- Other characteristics;
- Under the Americans with Disabilities Act (ADA), it is illegal to discriminate against an individual who has a disability listed in the Act;
- Title IX of the Education Amendment of 1972 makes it illegal to discriminate based on an individual’s sex;
- In some jurisdictions, this may also include discrimination based on gender or gender identity;
- Religious discrimination:
- Typically, an individual will be subjected to this type of discrimination in addition to discrimination based on national origin, which is legally actionable;
- Excessive and severe punishment: Most schools have policies in place that outline the types of punishments that are allowed as well as restrictions on excessive or severe punishments;
- Sexual misconduct: Sexual harassment is considered to be sexual discrimination and may include:
- Molestation;
- Sexual assault;
- Rape;
- Failure to supervise: A school may be held liable for negligence if a student is injured as a result of a lack of appropriate supervision;
- Educational malpractice: Schools can be liable for failing to satisfactorily or properly educate students.
The examples of causes of action listed above are typically used by parents or legal guardians who are filing a lawsuit on behalf of a student. It is important to be aware that teachers and other school employees may also be able to sue a school district, for example, for improper discharge of a teacher.
Another commonly utilized cause of action in lawsuits against school districts is negligence. If the student’s injury was a foreseeable one, the school may be held liable in a negligence case.
For example, a school could have been reasonably aware that a specific student was being subjected to ongoing harassment or bullying, and the school did not try to resolve the issue. In that case, the school could be held liable for injuries that are related to the harassment or bullying the student suffered. However, just because a student suffered an injury on the school property does not mean that the school will be automatically liable for the injury.
Important Step to Sue a School: File an Administrative Complaint Before You File a Lawsuit Against the School
In claims against schools and school districts, if the school is classified as a public school, the individual will most likely have to file an administrative complaint and attempt to solve their issue before filing a lawsuit in court. If there are any other available administrative remedies available through the school, the individual will likely be required to go through those processes first as well.
An administrative complaint is usually submitted to the board of education. It will usually request the complainant to include a statement of the issue or alleged violations, evidence supporting their claim, and how they would like to have the issue resolved.
The complaint will then be reviewed and investigated. If a resolution cannot be reached using this method or other administrative methods, an individual can file a lawsuit in court after notifying the school in writing of their intent to sue.
How to File a Complaint Against the School District in Nebraska?
In Nebraska, an administrative complaint is filed with the Nebraska Department of Education and can be submitted online or by mail. If an individual has questions about completing or submitting the form, a lawyer can provide assistance.
Is the Process the Same for Suing a Private School District?
When suing a private school district, an individual will follow a different process then for a public school. This is because public schools are usually considered to be government entities and private schools are usually privately owned and operated.
Public schools, as government entities, will be shielded from certain lawsuits by sovereign immunity. Because private schools are privately owned, they do not enjoy this protection and an individual typically does not have to go through any processes with the school itself before filing a lawsuit.
An individual may also be able to sue the insurance company that covers the private school instead of the school. Once an individual gets to the point where they are filing their civil lawsuit in court, it will be the same process for public and private schools.
What Are the Costs of Suing a School District in Nebraska?
The costs of filing a lawsuit against a school district in Nebraska will vary based on multiple factors, especially the cost of the lawyer’s fees. For example, if the lawyer charges an hourly rate, it can range anywhere from $150 to $800 per hour.
Other examples of factors that may affect the cost of school district litigation may include, but are not limited to:
- The complexity of the issues involved;
- The lawyer’s reputation and experience;
- The typical practice area of the attorney;
- Travel expenses;
- Costs of taking depositions;
- Fees for filing in the Nebraska court;
- Fees for process service;
- Costs of hiring expert witnesses;
- Other costs that may be associated with the preparation and presentation of the issues.
What Kind of Lawyer Do I Need to Sue a School District?
If you believe you may need to sue a school district in Nebraska, whether it is a private or public school, it is important to consult with a Nebraska government lawyer. Lawyers to sue a school district can advise you regarding the type of school your child is attending and, based on that, what steps you will be required to complete.
Your lawyer can help you determine the best method to resolve your issue and explain the possible outcomes of your case. In addition, your lawyer will draft and file any required documents related to your claim and represent you before any administrative bodies and in court.
