It may be necessary for a parent or guardian of a student in a New Hampshire school district to file a claim or a lawsuit against the school. If that is the case, they should consult with a local attorney in New Hampshire before they begin the process.
New Hampshire lawyers to sue a school district can advise them of the steps that they will have to follow when suing a private school or suing a public school in their area. There will be steps that the individual will have to complete to ensure that their lawsuit is not dismissed in court once they get to that step.
One of the most important determinations in these cases is the category of school, whether public or private, as the processes will be different for each type of school. There are certain causes of action, discussed below, that an individual can use when suing a school district in New Hampshire.
To Sue a School District, You Need to Identify Your “Cause of Action”
Listed below are common causes of action that are used when suing a school district. These are facts that serve as the basis for the lawsuit and may include:
- Sexual harassment and misconduct: Claims based on sexual harassment and usually involve verbal acts or physical acts that are sexual in nature between teachers and students or between other faculty members;
- Disabilities and special education programs: The Individuals with Disabilities Education Act requires school districts to take certain steps for students who have disabilities, for example, establishing a special education program;
- Discrimination: Discrimination may be the cause of action that is used when a school engages in selective admission practices, meaning that the school is accepting or denying students entry to the school based on a characteristic that is protected under constitutional law and federal law, for example:
- Gender;
- Race;
- National origin;
- Others; and
- Negligence: Negligence claims involve determining of whether or not the student’s injury was foreseeable, as the school may be liable for injuries that were foreseeable;
- Other causes of action: Other examples of causes of action that can be used in a lawsuit against a school or school district include:
- Personal injury actions that involve a school employee;
- Improperly expelling a student;
- Other issues with a school district or school.
Both categories of schools owe a duty of care to reasonably supervise the students at the school to help ensure their safety. If a school does not provide reasonable supervision, it may be held liable for injuries that occur to students as a result of the school’s failure to supervise.
This duty to supervise extends to lunch and recess periods, as it is foreseeable that injuries would occur when students are left unattended during free periods. If the students are participating in an activity that would reasonably lead to injury or if the students are in a group, even outside of school hours, the school likely still has a duty to provide reasonable supervision of the students.
Important Step to Sue a School: File an Administrative Complaint Before You File a Lawsuit Against the School
As discussed above, there are steps an individual will be required to take before filing a lawsuit in court to ensure that their lawsuit is not dismissed. One of these steps is submitting an administrative complaint.
These types of complaints are submitted to an agency, typically the Department of Education, and will include the individual’s issue or alleged violation by the school, supporting evidence, and suggestions for resolution of the issue. The agency that receives the complaint will investigate it and provide possible remedies.
It is important to be aware that there may also be other administrative processes or steps that the individual must complete before they can file a lawsuit in court. Once all of the required processes are completed and a resolution is not reached, the next step is to file a civil lawsuit in a court of law.
How to File a Complaint Against the School District in New Hampshire?
An individual can file a complaint against a school in New Hampshire by submitting a complaint to the New Hampshire Department of Education. A New Hampshire attorney can help complete and submit the complaint.
Is the Process the Same for Suing a Private School District?
When suing a private school district, the process will be different from suing a public school district. This is because public schools are typically categorized as government entities and, therefore, are protected by the doctrine of sovereign immunity. This means that public schools are shielded from certain types of lawsuits. On the other hand, private schools are usually owned and operated by private individuals or businesses.
In most cases, a private school can be sued without completing any administrative steps first. Additionally, it may be possible to sue the school’s insurance company instead of suing the school itself.
Once a civil lawsuit is filed in court against the school, the process will be the same whether the school is public or private.
What Are the Costs of Suing a School District in New Hampshire?
The costs of filing a lawsuit against a school district in New Hampshire will depend on many factors, including the lawyer’s fees. If the lawyer charges clients by the hour, the hourly fee may be anywhere between $150 and $800.
Other considerations that will affect the cost of litigation against a school district may include, but are not limited to:
- The complexity of the issues in the case;
- The lawyer’s usual practice area;
- Costs of taking depositions;
- Fees for filing in the New Hampshire court;
- Fees for process service;
- Costs of hiring expert witnesses;
- Travel expenses for attorneys and witnesses;
- The lawyer’s reputation in their area;
- Other costs that are associated with the preparation of the case and its presentation.
It is important for a client to ask their attorney about the fees they will be charged and exactly what those fees will cover.
How Long Does It Take to Sue a School District?
How long it will take to sue a school district in the State of New Hampshire will depend on the category of school and the issues involved in the case. In some situations, it may take years to fully resolve an issue with a school.
With a public school, it will take time to complete the administrative steps that must be taken before filing a lawsuit. Once the lawsuit is filed, the case will be resolved faster if the school district offers a reasonable settlement.
What Kind of Lawyer Do I Need to Sue a School District?
If you have any type of issue with a school in New Hampshire, it is important to contact a New Hampshire government lawyer as soon as possible. Your lawyer will advise you on what steps you will need to take based on the category of school you have a claim against.
Your lawyer will help you complete all of the required steps, including any administrative processes. You might not be able to reach a resolution with a public school through an administrative process. In that case, your attorney will file a lawsuit on your behalf and represent you in court until your case is resolved. LegalMatch can put you in touch with a lawyer who can help you with your options.
