A person would go about suing a school district in New Jersey only to the extent allowed by exceptions to sovereign immunity specified in the New Jersey Tort Claims Act (NJTCA). The doctrine of sovereign immunity disallows claims against governments and government agencies, including public school districts. There are exceptions, as explained below, so a person’s claim would have to fit within an exception.
The first step is to consult a lawyer about the situation that a person believes may give them cause to file a lawsuit. A good place to start would be consulting a local attorney in New Jersey. A local attorney would be able to analyze the facts of the person’s situation. They might be able to represent the person, or if not, they should be able to refer them to a lawyer who handles cases of the type the person has.
Once a person has legal representation, their lawyer would determine whether a lawsuit is possible under the New Jersey Tort Claims Act. The lawyer might contact the school district about the claim to seek a resolution. It might also be necessary to submit a claim to the district or even a state or federal agency before going to court.
Do I Need to Identify a Cause of Action to Sue a School District in New Jersey?
Before suing a school or a school district in New Jersey, a person needs to have a cause of action, which is a legal claim that courts recognize as entitling a person to a remedy of a type the law permits, e.g., the payment of money damages to compensate a victim for their losses. Some of the causes of action that a person might allege in a lawsuit against a school or school district include the following:
- Special education: The Individual with Disabilities Education Act (IDEA) is a federal law that guarantees rights and protections to students in New Jersey who have learning disabilities. First, school districts are legally obligated to determine whether students have special educational needs because of learning disabilities. Then, they would evaluate the students. They must do this at no charge to parents.
- If a student has a learning disability, a school district must provide the child with the education appropriate for them, given the nature of the disability. The appropriate educational opportunities must be offered in an environment that is the least restrictive possible.
- A public school must provide special education and other services that address a child’s special needs, such as occupational or speech-language therapy. A school must draft an Individualized Education Program (IEP) for a child who has a disability. The goal of an IEP is to specify the services the student needs, establish educational objectives for the student, and state how the objectives are to be reached.
- If a school fails to fulfill the obligations it has under the IDEA, a parent may have a cause of action on behalf of their child;
- Student’s injury: If a student suffers an injury in a public school, their parents may have grounds for a claim against the school district. However, New Jersey’s Tort Claims Act limits the situations in which a public entity in New Jersey may have liability based on tort law for injuries caused by the acts of the entity. First, liability for injuries that result from the design or plan for the construction of improvements in public property is not allowed.
- Secondly, public school districts may not be liable for injuries that result from the discretionary decisions or acts of public employees. There are qualifications for these types of immunity in New Jersey law. The issue is quite complex in New Jersey.
- However, before suing a public school district in New Jersey, a person would need to have a local attorney in New Jersey analyze their case to see if it would be allowed under the state’s Tort Claims Act.
- Causes of action related to student discipline: New Jersey law expressly prohibits corporal punishment of students in public schools, but it does permit the application of “reasonable” force in some situations, such as the following:
- To stop a disturbance in which students may be threatening physical injury to each other
- To take away weapons or other potentially dangerous objects that a student has in their control
- In self-defense
- In order to protect people or property, e.g., to stop a student from committing an act of vandalism
If an employee of a New Jersey school district were to inflict physical contact on a student, it could lead to a complaint from the student’s parents. Whether the contact amounted to prohibited corporal punishment or was justified as “reasonable force” would be an issue in the case;
- Student discipline: New Jersey has extensive state regulations regarding the use of discipline other than corporal punishment in New Jersey’s public schools. While suspension and expulsion may be used, the circumstances in which such measures are allowed are tightly regulated.
- In addition, specific processes surrounding the use of these methods are provided by New Jersey law and must be followed. Parents have a right to be notified, and there are processes for challenging disciplinary measures.
- If a parent is concerned about the kind of discipline that is applied to their child or the process used in applying it, they would want to contact a local New Jersey lawyer.
- Search and seizure: New Jersey also has laws that specifically address a public schools’ authority to conduct searches and seizures of students, their lockers, their belongings, and their persons. For example, a school principal or other school official given the authority to do so by the local board of education may inspect lockers or other places where students store their things.
- However, searches may only be conducted if students are told in writing at the beginning of each school year that inspections may take place.
- Under no circumstances may a school staff member conduct a strip search or bodily cavity search of a student.
- Local school districts are authorized to develop policies and procedures that address such issues as when law enforcement may be summoned to a school to conduct investigations, searches, seizures, and arrests. So, again, if a parent has a concern about searches and seizures of their child, the locker, or belongings at school, they would want to consult a local New Jersey attorney.
- Sexual harassment and sexual assault: A student who is the victim of sexual harassment or sexual assault perpetrated either by an employee of the school district or another student would have a cause of action against the school district in which the harassment or assault takes place. Employees who have been harassed or assaulted may also have a cause of action against the district under federal anti-discrimination law;
- Employment disputes: Local school districts are the employers of many people in a wide variety of roles. When employees receive poor performance reviews, are fired, or do not have their contracts renewed, they may have a cause for complaint. The federal Fair Labor Standards Act (FLSA) or the Family and Medical Leave Act (FMLA), as well as other state and federal laws, may provide a cause of action;
- Discrimination: Of course, employees may have a cause of action for discrimination on the basis of membership in a protected class if their school district employer engages in discriminatory actions that violate the federal Civil Rights Act. An employee who is denied reasonable accommodations for their disability status might sue for violation of the Americans with Disabilities Act (ADA). Students may have claims for discrimination as well, e.g., under Title IX of the Civil Rights Act.
Do I Have to File an Administrative Complaint Before I File a Lawsuit Against a School District?
Before a person files a lawsuit in a civil court, they would want to consult a local New Jersey attorney. The person may be required to submit a complaint to the school district or the state superintendent of schools in New Jersey before proceeding further. In addition, again, as noted above, an issue would be whether the complaint is allowed by the Tort Claims Act.
Lawyers generally try to negotiate the resolution of a claim a person may have before filing a lawsuit. In some cases, taking steps such as this is required by law, so a lawyer would also do this in the case of a person with a claim against a school district. Before filing a lawsuit against a school district, a lawyer would approach the district to learn about possible special procedures and whether a different type of resolution is possible.
In addition, for certain kinds of claims, a person may need to submit it to a New Jersey state or federal agency before filing a lawsuit. The agency would investigate and work to assist the parties in resolving the claim. Only if the resolution proved impossible would the agency then allow the person to proceed with a lawsuit.
What Are Some Challenges and Considerations when Suing a School District?
There are many challenges and considerations that individuals should be aware of when suing a school district in New Jersey, such as:
- Immunity protections for school districts
- The statute of limitations
- Costs and financial implications
- The emotional and social impact on the student and their family
Immunity protections for school districts
Public schools commonly have sovereign immunity that protects them from certain legal claims. There are, however, often exceptions to this rule that may vary depending on the location, such as:
- Willful or intentional conduct: If a school or school employee wilfully or intentionally or caused injury, they can be held liable.
- Sexual abuse: A school may be held liable if a student is sexually abused by a school employee or on the grounds of the school.
- Negligence: If a school official or employee injures a student because of negligence, the school may be held liable.
- Dangerous conditions: If an individual is injured on the grounds of the school because of a dangerous condition, the school may be held liable.
- School bus injuries: A school can be held liable if students are injured while riding on a school bus.
It is very important to consult with a local lawyer for information on the specific exceptions that will apply to the particular school an individual is considering suing.
The statute of limitations
A statute of limitations is a time limit for an individual to file their lawsuit in court. Typically, in New Jersey, the statute of limitations for suing a school is two years.
These limitations are used to make sure that lawsuits are filed within a reasonable amount of time following an individual’s injury. This also helps to preserve evidence and ensure that a defendant is not exposed to a possible lawsuit indefinitely.
By having a statute of limitations, an individual is encouraged to take prompt action and attempt to resolve their claim instead of allowing it to continue for a long period of time. Setting a time limit also prevents a court from being overburdened with older cases that may be difficult to resolve due to the deterioration of evidence and passing of time.
Statutes of limitations often begin running on the date an individual’s injury occurred or when a plaintiff became aware of an injury or reasonably should have discovered it. This rule is called the discovery rule.
The discovery rule allows the statute of limitation to be tolled, or paused, until an injured party discovers or reasonably should have discovered the harm they suffered due to the defendant’s actions. It is important to be aware that many states will have additional requirements that must be fulfilled before filing a lawsuit.
An individual may be required to file a formal complaint or notice of claim that will allow the school time to resolve the issue before a lawsuit is filed. The statute of limitations for these are typically shorter than those for the personal injury claim in court.
It is important to consult with a lawyer as soon as possible following an injury or incident because these statutes of limitations can run quickly and if one is missed, it may completely prevent an individual from recovering compensation.
Costs and financial implications
Suing a school district can be costly for an individual. The cost the may have to pay will vary depending on several factors, including:
- Lawyer’s fees
- The experience and reputation of the attorney
- The typical practice area of the attorney
- Fees for filing in court
- The complexity of the case
- Fees for expert witnesses
- The issues in the case
- Costs of deposition
- Fees for process service
- Expenses for travel
- Document copying and production costs
- Other costs that may be associated with the preparation and presentation of the case
For attorneys who charge an hourly rate to represent clients, that rate can be anywhere between $150 to $800 or more per hour. Prior to hiring a lawyer, an individual should determine how much they will be paying and exactly what their fees will cover.
Emotional and social impact on the student and their family
A potential plaintiff should consider the social and emotional impact that the student and their family may face if they sue a school district. If a student was injured, they may face repercussions from other students or school staff because of their involvement in the lawsuit.
Even though, in theory, the lawsuit should not affect the student’s experience at school, there is a possibility that they will face negative treatment during the legal process. This can have an effect on their family as well, as they will need to help the student navigate those issues.
The parties involved may be able to settle the issue outside of court using an alternative dispute resolution (ADR) method. ADR may help lessen the impact of a legal claim on the student because they will not be required to participate in a public courtroom trial.
Is the Process the Same for Suing a Private School District?
Essentially, the process for suing a private school would be quite different from that for suing a public school, because private schools do not have sovereign immunity. However, many of the same federal laws that apply to public schools also apply to private schools, e.g., the IDEA. The New Jersey law of negligence also applies to a private school because it is not a public entity.
The IDEA requires public school districts to follow the same processes for identifying students with learning disabilities in private schools that they use in public schools. This goes for students who are schooled at home as well.
The parent or teacher of a private school or homeschooled student could believe that a student has a learning disability. In that case, they should ask the local school district to evaluate the student. This would be done at the cost of the local public school district.
If a child has a learning disability that qualifies them to receive special education services, the parent may send the child to their local public school. A local public school is more likely to offer complete special education services. However, a parent may choose to leave their child in a private school and get equitable services.
Public funds pay for equitable services, but the services may be more limited than those available in a public school. This would not always give the parent cause for complaint against the local school district because the parent may transfer their child to the public school where they would receive complete services.
Do I Need the Help of a Lawyer to Sue a School District?
If you have an issue with a public school district in New Jersey, you want to consult a New Jersey government lawyer. LegalMatch.com can put you in touch with a lawyer quickly and efficiently.
Your lawyer will analyze the facts of your situation and tell you if you have grounds for a lawsuit or other form of complaint against the school district. Your lawyer can also say whether special procedures have to be followed and whether you should file a claim with a state or federal agency first.
If you are an employee of a New Jersey school district and are injured on the job, you want to consult a New Jersey workers’ compensation lawyer. And if you have a business contract with a school district, you want to consult a New Jersey contract lawyer. Whatever your need, you can connect to the lawyer of your choice through LegalMatch.com.
