In New Mexico, the process an individual will follow for suing a school district will depend on the category of school as well as the school’s location. When suing a private school or suing a public school, determining the category of school is important, as it will determine the steps the individual has to take.
In addition, an individual should be aware that they cannot bring all types of claims against a school; they can only bring certain types of claims, which will be discussed below. An individual can find out the process they will have to follow for suing a school district in New Mexico by consulting with a local attorney in New Mexico.
Lawyers to sue a school district can help determine what category the school falls into, the exact steps the individual will need to take before they can file a lawsuit, and the options they may have to resolve their issue.
To Sue a School District, You Need to Identify Your “Cause of Action”
Prior to suing a school district, the cause of action that will form the basis of the lawsuit must be determined. The cause of action is the set of facts and circumstances upon which the individual’s claim is based.
Examples of the specific causes of action that may be used when filing a lawsuit against a school district include, but may not be limited to:
- Discrimination: Certain federal laws protect individuals, including students, against discrimination, which also includes discrimination in public schools:
- Title VI of the Civil Rights Act of 1964 prohibits discrimination against individuals that is based on:
- Race;
- Sex;
- National origin;
- Disability;
- Other characteristics;
- The Americans with Disabilities Act (ADA) prohibits discrimination against individuals who qualify as having a disability under the Act;
- Title IX of the Education Amendment of 1972 prohibits discrimination that is based on sex;
- Some courts that have also held that this law includes discrimination based on gender as well as gender identity;
- Religious discrimination, as a student is free to practice their religion;
- Most likely, a student will experience this form of discrimination in addition to discrimination that is based on national origin, which is legally actionable;
- Bullying: Schools, as well as school employees, may be liable for failing to take action if a student is being bullied and the school does not intervene;
- Excessive and severe punishment: In the majority of school districts, policies are in place that outline the types of punishments that are permitted and restrict excessive or severe punishments;
- Sexual misconduct: Sexual harassment is sexual discrimination, which may include:
- Sexual assault;
- Molestation;
- Rape;
- Failure to supervise: Schools can face liability for negligence if a student suffers an injury because the students were not appropriately supervised;
- Improper expulsion: If a student has been expelled improperly and has exhausted all available administrative remedies, they may be able to file a lawsuit against the school; and
- Educational malpractice: Schools can be liable for failing to satisfactorily or properly educate students.
These causes of action are usually used by parents who are suing a school on behalf of their child. School employees, including teachers, may also be able to sue a school.
For example, if there was an improper discharge of a teacher, the teacher may have a claim. A teacher or other employee in the school may believe that they were improperly terminated. If this is the case, they will also be required to attempt to resolve their issues using available administrative remedies.
Negligence is another cause of action that is commonly used in lawsuits against school districts. Whether or not a student’s injury was foreseeable is the issue in a negligence claim.
One example of this is if the school was aware that a student was being subjected to constant harassment or bullying and that the school was not taking any steps to resolve the issue. In these situations, the school may be liable for related injuries.
It is important to be aware, however, that simply because a student was injured on the school property, it does not mean that the school will automatically be held liable for those injuries.
Important Step to Sue a School: File an Administrative Complaint Before You File a Lawsuit Against the School
In most situations, an individual will be required to submit an administrative complaint to try and resolve their issue before they are permitted to file a lawsuit against a public school. In addition, they may be required to exhaust other available administrative remedies.
This type of complaint is typically submitted to the local board of education. It will likely contain a statement of the facts or issue, evidence supporting the complaint, and ways it may be satisfactorily resolved.
The agency receiving the complaint will investigate the issues and facts. If a satisfactory resolution cannot be reached using these methods, the individual will be able to file a lawsuit in court.
A written notice must be provided to the school or school district that notifies them of the individual’s intent to sue.
Is the Process the Same for Suing a Private School District?
The process for suing a private school district is different from the process for suing a public school district. Typically, public schools are treated as government entities, which means they will be protected by the doctrine of sovereign immunity.
This doctrine shields government agencies and entities from certain types of legal claims. On the other hand, a private school is usually a business that is privately owned and operated.
Most private schools do not require an individual to file an administrative complaint before filing a lawsuit. This means that they will only have to follow the requirements for filing a civil lawsuit.
In some situations, it may also be possible to sue the private school’s insurance company. Although the processes may differ, the causes of action that an individual can use to sue private and public schools are similar.
Who Can Be Sued in the School System?
There are also many different parties in school districts that an individual can sue. In some situations, schools can be held vicariously liable for the conduct of employees that led to the lawsuit.
Employees who can be named as defendants in a lawsuit against a school or school district may include, but may not be limited to:
- Teachers
- Counselors
- Coaches
- Vice principals
- Principals
- Individual school employees
It is also important to note that more than one defendant may be named in these types of lawsuits. For example, a counselor might have discriminated against a student. If so, it would be important to determine whether or not the counselor’s supervisors were aware of the conduct and should also be held liable.
What Kind of Lawyer Do I Need to Sue a School District?
If you are having an issue with a public or private school or school district in New Mexico, it is essential to consult with a New Mexico government lawyer. An attorney can advise you which type of school you will be suing and the requirements that must be fulfilled for you to move forward with your claim against the school.
Your attorney will be able to advise you of the best method for resolving your issue as well as explain the remedies you may be able to obtain in your case. You will not have to draft or file any documents in your case; your lawyer will handle that for you as well as appear with you before administrative bodies or in court.
