If a parent or guardian of a student thinks filing a lawsuit against a school district in Oregon may be necessary, they should consult a local attorney in Oregon. Lawyers to sue a school district can help an Oregon resident and student follow the steps required in their school district for suing a private school or suing a public school.
In order to ensure an individual’s lawsuit is not dismissed when they get to court, they should determine whether the school they are suing is private or public. This is because there are different steps that must be taken for filing lawsuits against different types of schools.
Additionally, although there may be many reasons why an individual is considering suing a school district, there are only certain causes of action listed below that can be used when suing a school district in Oregon.
To Sue a School District, You Need to Identify Your “Cause of Action”
A plaintiff, or an individual who is filing a lawsuit, must determine what their cause of action is when they are suing a school district. Their cause of action is the set of facts or circumstances that serves as the basis for the lawsuit, such as:
- Sexual harassment and misconduct: A sexual harassment and misconduct claim typically involves sexual verbal or physical acts that occur between a teacher and a student or between other categories of faculty members;
- Negligence: A negligence claim involves whether or not the student’s injury was a foreseeable one;
- Disabilities and special education programs: The Individuals with Disabilities Education Act requires that school districts follow requirements for students with disabilities, such as establishing special education programs;
- Discrimination: Discrimination can be a cause of action when a school or school district is engaging in selective admission practices, which includes accepting or denying a student for entry based on a characteristic that is protected under constitutional law and federal law, such as:
- National origin;
- Gender;
- Race;
- Others;
- Other causes of action: Additional causes of action that may be used in a lawsuit against a school include:
- Improper expulsion of a student
- A personal injury action involving a school employee;
- Other issues that may come up that involve a school or school district.
Both private schools and public schools are obligated to exercise a duty of care to reasonably supervise students for the safety of those students. If the school district fails to reasonably supervise students, it may be liable for injuries that occur as a result of its failure to supervise.
This duty to supervise may also be required during lunch and recess, as it is foreseeable that injuries may occur if a student is unattended in a group during a free period. If there are groups of students or if students are engaging in activities that may reasonably lead to injury, even outside of school hours, the school will still have a duty to supervise the students.
Important Step to Sue a School: File an Administrative Complaint Before You File a Lawsuit Against the School
Before suing a public school, an individual will likely be required to take certain steps, depending on their district, before they can file a lawsuit in court without it being dismissed. One of these requirements is usually filing an administrative complaint.
This type of complaint is typically submitted to a government agency, such as the Department of Education. It will often include the alleged issues or violations, evidence to support those claims, and suggestions for acceptable resolutions.
The agency that receives the complaint will investigate the issue and provide possible remedies. An individual may also be required to go through any other available administrative processes to resolve their claim before filing a lawsuit.
Once the individual has exhausted all of the available remedies and a resolution was not reached, they can file a lawsuit in court.
How to File a Complaint Against the School District in Oregon?
If an individual needs to file a complaint against a school district in Oregon, they should contact the Oregon Department of Education. An attorney can also help an individual properly submit their claim to the appropriate agency.
Is the Process the Same for Suing a Private School District?
No, the process is not the same for suing a private school district. This is because the schools are typically classified differently, as a private school is usually privately owned.
Usually, a private school can be sued without any administrative steps being completed first. It may also be possible to sue the private school’s insurance company instead of directly suing the school.
Public schools, on the other hand, are typically considered government entities and are, therefore, protected by sovereign immunity. This means that they are shielded from certain types of lawsuits.
However, once the process reaches the step of filing a lawsuit in court, it will continue on the same path for both categories of schools.
What Are the Costs of Suing a School District in Oregon?
The cost of suing a school district in Oregon will vary depending on several different factors. One of the main factors is the lawyer’s fees.
If the attorney charges their clients an hourly rate, this rate may range from $150 per hour all the way to $800 or more per hour. Examples of other factors that may affect the cost of a lawsuit include, but are not limited to:
- The typical practice area of the attorney;
- The complexity of the issues involved;
- Fees for filing in the Oregon court;
- Costs of taking depositions;
- Costs of hiring expert witnesses;
- Fees for process service;
- Travel expenses;
- The lawyer’s reputation and experience;
- Other costs associated with the preparation of the case and its presentation.
Before an individual hires a specific attorney, they should ask about their lawyer’s fees and exactly what those fees will cover.
How Long Does It Take to Sue a School District?
How long it takes to sue a school district in Oregon can vary greatly depending on the school classification and the issues involved. Certain types of cases may take years to fully resolve.
If the school offers a reasonable settlement, the case may be resolved quickly. However, it is important to note that the administrative requirements before a lawsuit can be filed will also take time to complete.
What Kind of Lawyer Do I Need to Sue a School District?
If you are having an issue with a school or school district in Oregon, it is important to consult with an Oregon government lawyer as soon as possible. Your lawyer can help you determine the type of school that your student attends and what steps will be required to resolve your issue.
Your lawyer can guide you through all of the steps required, including completing any administrative requirements. If you cannot reach a resolution by these means, your attorney will file a lawsuit on your behalf in court.
With LegalMatch, you will have access to a large database of member lawyers, including lawyers in Oregon, who are available to help you with your issue. Just submit your issue on the website for free, and you will receive responses within about a day from member attorneys who are ready to assist you.
