Suing a school district in Ohio may seem like an overwhelming task. If an individual thinks they may need to sue their school or school district, there are lawyers to sue a school district who can help.
The first step in the process of suing a school district is to determine whether the school is classified as a public school or a private school, as there will be different procedures depending on the classification of the school. This article will provide helpful information for an individual considering suing a school district in Ohio.
For more assistance on the laws and procedures for suing a school district in Ohio, an individual should consult with a local attorney in Ohio.
To Sue a School District, You Need to Identify Your “Cause of Action”
In order to sue a school district, an individual must determine their cause of action or set of facts and circumstances that give them grounds to justify filing a lawsuit. Examples of causes of action that are often used as the basis for a lawsuit against a school or school district include:
- Discrimination: An individual may be able to file a lawsuit for discrimination if a school or school district uses selective admission practices, in which they give preferential treatment to, accept, or deny certain students for entry based on protected characteristics, including, but not limited to:
- Race;
- Gender;
- National origin;
- Other protected characteristics;
- Disabilities and special education programs: If a student has a disability, the school district has to follow certain strict regulations, including establishing a special education program;
- Sexual harassment and misconduct: An individual may have a claim for sexual misconduct or harassment if they are subjected to certain physical or verbal acts that are sexual in nature;
- These claims usually arise between a student and a teacher, but they may also involve two faculty members or other school employees;
- Employment: In some situations, a teacher or other faculty member may be able to sue a school based on an employment issue, such as:
- Wrongful termination;
- Wage and hour issues;
- Workers’ compensation; and
- Other causes of action: In addition to the causes of action listed above, there are others that focus on issues such as:
- Personal injury actions involving school employees;
- Improper expulsion of a student;
- Failure to return personal property that belongs to a student within a specified time frame;
- Other issues that may arise with a school or school district.
Negligence is also a common cause of action when suing a school district. In these cases, the issue will be whether or not the student’s injury was foreseeable.
Schools, both public and private, owe parents and their children a duty of reasonable care, which includes, but is not limited to:
- Supervising children during recess and lunch;
- Providing supervision at any other times during which children are playing in groups because this is when foreseeable injuries are most likely to occur;
- Providing safe and clean classrooms and educational facilities;
- Maintaining school buildings;
- This includes performing any necessary repairs to school buildings that the school is reasonably aware should be completed;
- Employing competent and qualified teachers, coaches, and staff members who provide proper supervisory and educational care for the students at the school.
It is important to be aware that this duty to supervise is limited to foreseeable injuries. This means that, if an injury was not one that would have generally been expected from an activity or event that caused the injury, the school will not be held liable for a failure to supervise the student.
In general, the school will only be found liable for breach of this duty if reasonable and proper supervision could have prevented the student’s injury. A sudden or spontaneous act may still result in school liability if the presence of a supervising individual may have prevented the injury from occurring.
Important Step to Sue a School: File an Administrative Complaint Before You File a Lawsuit Against the School
Every school district will have its own requirements that plaintiffs must fulfill before they are permitted to file a lawsuit against the school or school district in court. Typically, an individual must file an administrative complaint as well as exhaust all available administrative remedies before filing a lawsuit.
A government agency will accept and investigate the administrative complaint. If an individual has any questions about the proper Ohio agency to file their complaint with or how to do so, they can consult with an Ohio attorney.
Once an individual has exhausted all available administrative remedies and no solution is reached or the solution suggested is not acceptable, the individual can file their lawsuit in court. They will be required to notify the school of their intent to sue in writing.
Is the Process the Same for Suing a Private School District?
The process used when an individual is suing a private school district is not the same as the one used when suing a public school district. This is because a public school is typically considered to be a government entity.
As a government entity, a public school may enjoy the privileges of sovereign immunity, or being shielded from certain types of lawsuits. A private school, on the other hand, is typically a business that is owned by individual parties or corporate shareholders. This means that private schools may be sued without first completing an administrative complaint. In addition, suing a private school district only requires an individual to follow the steps of a regular lawsuit.
It is also important to be aware that, when suing a private school, a plaintiff may be able to sue the insurance company of the school instead of or as well as the school itself. Even though there are important differences between suing private and public school districts, there are also some similarities.
For example, once the plaintiff in a public school lawsuit has exhausted all of the available administrative remedies and has reached the point of filing a lawsuit in court, the rest of their case will proceed in a similar manner as a lawsuit against a private school or a standard lawsuit. Both private and public school districts may also be sued for the same or similar causes of action.
What if There Has been a Violation Involving Student Discipline?
In the majority of situations, student discipline includes:
- Refusing to permit a student to participate in a school-sanctioned activity, which may include sports or clubs;
- Detention;
- In-school suspension;
- Out-of-school suspension; and
- Expulsion.
An individual could be concerned that their student was improperly or unfairly disciplined. In that case, they can file a complaint against the school and seek a reversal or erasure of that disciplinary action. Expulsion may be used as discipline if a student engages in conduct that the school board has determined inappropriate, such as:
- The use of drugs or alcohol on campus;
- Fighting with another student;
- Causing severe disruptions to the learning environment.
If an individual is concerned that their child has been given an improper expulsion, they can file a lawsuit against the school and the school district for damages. They may also be able to request an order that reverses the action of expulsion and prevents that action from being recorded in the student’s record.
What Kind of Lawyer Do I Need to Sue a School District?
You might be considering filing a lawsuit against a school district in Ohio. If this is the case, you should consult with an Ohio government lawyer who can help you determine the classification of the school and the appropriate steps you must take, as well as help you throughout the legal process. Your lawyer can ensure that you follow all of the required administrative procedures, if necessary so that your case will not automatically be dismissed.
Your attorney can also outline the best way to seek a legal remedy based on the issues in your case. If you have to file any legal documents or appear before an agency or court, your lawyer will represent you.
