How to Sue a School District in New York?

How to sue a school district in New York will depend on whether the school or school district being sued is a private or public school. This is important because different procedures must be followed for suing a public school district versus suing a private school district.

In order for an action to be valid, the lawsuit must involve certain specific legal issues, for example:

• Discrimination
• Sexual harassment
• Willful or intentional negligence

For example, it may be possible to sue a school district if the district or school engages in discriminatory practices either when accepting students for admission or when hiring job candidates. In these situations, it is illegal to deny a job candidate or potential student to a school based solely on their:

• Race
• National origin
• Sex
• Gender
• Religion
• Other protected characteristics

To find out more information about a certain New York school or school district, an individual should consult with a local attorney in New York for guidance. Your lawyer can advise you regarding filing a lawsuit against a school district and the procedures for suing a school district in New York.

To Sue a School District, You Need to Identify Your “Cause of Action”

In order to sue a school district, an individual must identify their cause of action. The cause of action is a legal concept, meaning the set of facts that establish the grounds to justify bringing a lawsuit.

Examples of causes of action that an individual may use as the basis of their school district lawsuit include, but are not limited to:

• Sexual harassment and misconduct: A claim involving sexual harassment or misconduct may involve physical acts or verbal acts that are sexual in nature between teachers and students or between faculty members;
• Discrimination: A cause of action for discrimination may be used when a school district uses selective admission practices. These practices occur when a school accepts or denies students for entry based on a characteristic that is protected under constitutional and federal law, such as gender, race, national origin, and others;
  • Additionally, school districts are not allowed to give preferential treatment to a student based on these categories;
• Employment: There are causes of action that involve teachers or other faculty members who sue a school district;
  • Teachers may sue school districts for:
    • Wrongful termination;
    • Workers’ compensation;
    • Claims that relate to wage and hour issues;
• Disabilities and special education programs: School districts have to follow strict regulations regarding students with disabilities. Schools are required to establish special education programs;
  • If a school or school district fails to fulfill these requirements, a student will have the right to file a lawsuit under the Individuals with Disabilities Education Act;
• Negligence: When an individual is suing a school district for negligence, the main issue will be on whether or not a student’s injury was foreseeable;
• Improper discharge of a teacher: Teachers or other school system employees may sue the school system if they believe they were improperly terminated from their job;
  • There are administrative remedies they will have to pursue within the system before filing a lawsuit;
    • Teachers may have different administrative remedies than other types of school employees;
  • There will be a procedure in which the teacher or school employee will dispute their termination and appeal it until it reaches the final authority, which will likely be the board for the educational district or, in some cases, the director of the school system; and
• Other causes of action: There are other causes of action that focus on other issues, such as:
  • Improper expulsion of a student;
  • Failing to return the personal property of a student within a specified time frame;
  • Personal injury actions involving school employees;
  • Several other issues that may come up in relation to a school or school district.

Important Step to Sue a School: File an Administrative Complaint Before You File a Lawsuit Against the School

Every school district has a specific process that individuals must follow before being permitted to file a lawsuit against the district or against a specific school. Even though the procedures may be different for each school district, the process, in general, typically requires an administrative complaint and exhausting any other available administrative remedies first.

The agency will review the complaint and investigate the allegations. Once all of the available administrative remedies have been exhausted and the plaintiff is allowed to file a lawsuit in court, they have to send a letter notifying the school or district that they intend to file a lawsuit.

Is the Process the Same for Suing a Private School District?

When suing a private school district, the process will not be the same as suing a public school district. This is because public schools are considered to be government entities, and private schools are businesses that are owned and operated by private individuals or corporate shareholders.

This means that private schools can be sued without an individual having to first file an administrative complaint. It also means that it is typically easier to sue a private school than a public school or district.

Public schools are usually protected by sovereign immunity, while private schools are not. Sovereign immunity shields a government entity from specific types of lawsuits.

This means that, if a public school is considered a government entity, it will have the protections provided by the doctrine. Another difference between suing the two different types of schools is that a plaintiff can sue a private school’s insurance company instead of the school itself.

The two processes will be similar once the plaintiff in a public school lawsuit has exhausted all of the available administrative remedies and has reached the point where they file a claim in court. The rest of the case should proceed similarly to a lawsuit against a private school district.

In addition, both categories of school districts may be sued for many similar causes of action. The two types of schools owe the same duty of care to their students.

What Kind of Lawyer Do I Need to Sue a School District?

If you are considering suing a school district, it is important to remember that it can be a challenging thing to do. These types of lawsuits are based on the facts of each specific case and the laws of the location of the school.

This means that the outcomes of these cases may be hard to predict without the help of a New York government lawyer. Your lawyer can review your case and determine if you have a viable cause of action.

Your lawyer will also help make sure you have followed all of the required administrative procedures first so that your case will not be automatically dismissed. Your attorney can tell you the best way to seek legal recourse based on your issue, as well as what remedies may be available if your case succeeds.

Your attorney can help you draft and file all of the legal documents that are related to your claim as well as provide you legal representation in court. If you have any issues, questions, or concerns related to your issue, your lawyer can address those or will help you find the right resource to handle those questions or concerns.

LegalMatch is an excellent resource for finding lawyers to sue a school district and who are ready to begin work on your case today.