There are steps an individual must follow in Pennsylvania if they need to sue a school district. The steps and processes may vary depending on the location of the school or school district.
An individual has to first determine whether they will be suing a public school or suing a private school because there are different requirements for these lawsuits.
An individual may want to sue a school for many reasons, but in order to have a valid action, they must have a valid cause of action, such as:
- Willful or intentional negligence
- Sexual harassment
- Discrimination
For assistance with suing a specific school or a school district, it is important to consult with a local attorney in Pennsylvania for guidance on the proper steps to follow. An attorney can provide advice regarding the issue at hand as well as the procedures for suing a school district in Pennsylvania.
To Sue a School District, You Need to Identify Your “Cause of Action”
When suing a school district, an individual must determine their cause of action or grounds that justify bringing the lawsuit. Causes of action that may be used as the basis for school district lawsuits include, but are not limited to:
- Discrimination: Discrimination issues arise when a school or school district uses selective admission practices, which may include accepting or denying certain students based on a protected characteristic, such as:
- National origin;
- Race;
- gender;
- Other characteristics;
- Child abuse: Sexual harassment claims may be the basis of a cause of action for child abuse if a school knows that a student is being bullied, abused, or harassed by another party and the school did not take the necessary steps to prevent it from continuing;
- Sexual harassment and misconduct: Claims that involve sexual misconduct or harassment can involve verbal or physical conduct of a sexual nature;
- These claims usually involve students and teachers, but they may also involve faculty members;
- Disabilities and special education programs: Schools are required to comply with regulations that govern students who have a disability by establishing a special education program. If the school does not comply with these requirements, the student may file a lawsuit based on the Individuals with Disabilities Education Act;
- Employment: A teacher or faculty member may be able to sue a school or school district for:
- Workers’ compensation;
- Wrongful termination;
- Claims related to wage and hour issues;
- Various causes of action: Other causes of action that may be used as the basis of a lawsuit include:
- Failing to return the personal property of a student within a certain time frame;
- Improper expulsion of a student;
- Personal injury actions involving school employees;
- Other issues that may arise that involve a school or a school district.
Another cause of action that commonly arises in lawsuits involving schools is negligence, which focuses on whether the student’s injury was foreseeable. For example, if the school knew the bullying or harassment was occurring and they did not do anything to stop it, the school may be liable for the injuries the students suffered related to the situation.
A child might have been injured at a public school. If that is the case, school officials typically have a duty to assist in two situations: when the injuries are caused by other students or the injury results from unsafe or hazardous equipment or premises. School authorities are required to adequately supervise children.
They also have a duty to ensure that areas of the school, such as playgrounds and stairs, are free of hazards. Public schools may be held liable for injuries that students suffer because of a lack of supervision.
Important Step to Sue a School: File an Administrative Complaint Before You File a Lawsuit Against the School
There is a specific process that an individual will be required to follow before being able to file a lawsuit against a school or school district. Typically, an individual will have to file an administrative complaint and exhaust all of the other available administrative remedies first.
Administrative complaints are submitted to government agencies in Pennsylvania, typically the State Department of Education. The agency will review the case and investigate the claim.
Once an individual has exhausted all of the available administrative remedies, they must send a letter notifying the school that they intend to file a lawsuit. It is important to note that public schools can only be used for willful or intentional negligence, not simple negligence.
Is the Process the Same for Suing a Private School District?
The process an individual must follow for suing a private school district is different from the process for suing a public school district. This is because a public school is considered to be a government entity, and a private school is a business owned and operated by corporate shareholders or private individuals.
This means that private schools may be sued without an individual being required to file an administrative complaint first. In addition, public schools are commonly protected by the doctrine of sovereign immunity, whereas private schools are not.
Sovereign immunity is a doctrine that shields a government entity from certain lawsuits. Another difference between suing the two types of schools is an individual may be able to sue the private school’s insurance company instead of the school itself.
There are also certain similarities between suing the two types of schools. Once the individual has exhausted all of the available administrative remedies, the case will proceed with a lawsuit, just as it would when suing a private school.
Who Can Be Sued in the School System?
There are several parties that may be sued in a school system. In some cases, a school district may be held vicariously liable if an employee who was involved in the behavior that led to the lawsuit.
Parties that are often named as defendants in school lawsuits include:
- Teachers
- Coaches
- Principals
- Vice principals
- Counselors
- Individual school employees
In some cases, there may be more than one defendant. For example, if a teacher discriminates against a student, it will be necessary to determine whether or not their supervisor had knowledge of the employee’s actions 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 your school or school district, and you believe you may need to file a lawsuit, you should consult with a Pennsylvania government lawyer as soon as possible. Your lawyer will advise you regarding the steps you will have to follow and help you complete any required administrative remedies.
You may be considering filing a lawsuit against a school district. If so, your lawyer will help you determine the best way to seek legal recourse based on your issue and the remedies that may be available in your case. If you have any issues, questions, or concerns related to the issue, your lawyer can address them or point you toward the right resource to handle those questions and concerns.
Whether you are a parent whose student is having issues at school or a teacher or other school employee who needs to file a claim against their employer in Pennsylvania, your lawyer can help you throughout the process. If you do have to appear in court in relation to your lawsuit, your lawyer will be present to protect your interests.
LegalMatch is an excellent resource for finding lawyers to sue a school district in Pennsylvania. You can submit your case online at no cost and receive contact information for lawyers who are ready to begin work on your case.
