There are many reasons that may form the basis of your wanting to file a civil lawsuit against a school district in South Carolina. In most cases, suing a school district will involve you as a parent suing a school on behalf of some action or inaction that harmed or injured your child. However, you may also sue a school district in your own capacity, such as your capacity as an employee.
Typically, the reason that filing a lawsuit against a school district involves a parent is because a child has rights or legal standing to sue a school district as a student of the district. However, suing a private school or public school is typically a complicated process, as there are very few instances in which you actually have the right to sue a school district.
Because of this, it is imperative to understand the legal process and what will be required of you before filing your school district lawsuit. As far as the exact requirements for suing a school district are concerned, they will be dependent on a variety of factors, such as properly determining your cause of action.
To Sue a School District, You Need to Identify Your “Cause of Action”
In order to begin the process of suing a school district, the first step is ensuring that you have a proper cause of action. In other words, this means that you must have a proper basis for bringing your lawsuit against the school district.
In legal terms, a cause of action refers to a set of facts that are deemed sufficient in the eyes of the law to justify the right to sue. There are numerous different legal causes of action that may make up the basis for a lawsuit against a school district.
Examples of the most common causes of action against a school district include:
- Discrimination or Other Civil Rights Violations: Discriminatory actions often form the basis for a lawsuit, such as when a school district in South Carolina engages in “selective admissions” or denies a student admission to school based on a protected category.
- Protected categories include gender, race, national origin, or religious beliefs, to name a few;
- Child Abuse: Child abuse also often forms the basis of a lawsuit in South Carolina, such as when a school district fails to report to the proper authorities when the district knows of a child being abused;
- Sexual Misconduct or Harassment: Sexual harassment can also form the basis of a lawsuit in South Carolina, such as when a school district fails to protect a child from unwanted sexual advances or conduct or other verbal or physical actions of a sexual nature;
- Personal Injuries Caused by a School Employee: Personal injury lawsuits against a school district often arise from negligent acts from school employees, such as hazardous conditions on the premises that result in a student’s injury;
- Improper Expulsion: Expulsion can often also form the basis of a lawsuit, such as when a school district wrongfully expels a student;
- Disabilities and Special Education: It is important to note that federal laws require schools to adhere to several laws and stipulations regarding disabled students and special education programs.
- For instance, the Individuals with Disabilities Education Act provides legal rights for students, and if a school or district fails in its duties, you may have a valid legal claim against the school district;
- Failure to Return Personal Property: Failure to return personal property can also form the basis of a lawsuit, such as when a school district takes a student’s personal possessions, such as their cell phone, but fails to return the item within a specified timeframe;
- Employment Claims: In some cases, you may need to sue the school district that you are employed by for claims related to your employment, such as for workers’ compensation, wrongful termination, or wage and hour claims.
It is important to note that in South Carolina, school districts often assert governmental immunity or sovereign immunity defenses to protect them from civil lawsuits.
Important Step to Sue a School: File an Administrative Complaint Before You File a Lawsuit Against the School
In addition to determining your cause of action, South Carolina also requires you to “exhaust” your administrative remedies. In other words, before filing your civil lawsuit against the school district, you must generally first file an administrative complaint.
However, it is important to note that in a recent ruling, a federal appeals court ruled that a student with disabilities does not have to exhaust their state administrative remedies before filing a disability discrimination lawsuit against a school district. As such, that is the exception to the general rule that you must first exhaust your administrative remedies.
An administrative complaint puts the school district on notice that you have a legal issue against them and gives them an opportunity to resolve that legal issue without the necessity of involving the court system.
Importantly, a court in South Carolina may automatically dismiss your claim if you do not follow the required administrative process. The administrative process generally involves short filing deadlines, which could also lead to automatic dismissal if a deadline is missed.
After being properly notified, if the school district then fails to take appropriate steps to remedy your legal issue, you may then get permission to sue the school district privately.
It is important to choose the appropriate administrative authority when filing your administrative complaint. A local attorney in South Carolina can assist you in determining the appropriate authority.
How Much Does It Cost to Sue a School?
As far as the cost of suing a school is concerned, it will depend on a variety of factors. First and foremost, one of the main costs associated with suing a school is the total cost of an attorney. Additionally, there may also be costs associated with expert witnesses or other common costs of pursuing a lawsuit.
For instance, there will be a filing fee when your lawsuit is filed within district court, etc. As such, there is no exact number when it comes to the total cost of suing a school, as each case is unique.
Is the Process the Same for Suing a Private School District?
In short, unlike public schools, private schools are not protected by governmental immunity, and therefore, the process is not the same. As such, finding lawyers to sue a private school district is not as difficult as finding lawyers who are willing to sue a public school district. An attorney will be able to help guide you through suing a private school district.
It is important to note that if a private school in South Carolina accepts any sort of federal funding, then it must comply with laws similar to that of a public school, such as certain anti-discrimination laws.
As such, you may have similar causes of actions when suing a private school, similar to the causes of actions listed above for suing a public school. Further, you may also have claims to sue a private school district over disputes regarding tuition or their school admission policies.
What Kind of Lawyer Do I Need to Sue a School?
As can be seen, initiating a private lawsuit against a school district is often a complicated matter. This is especially true if you are seeking to sue a public school district. This is because a public school district requires you to exhaust your administrative remedies prior to dealing with a private lawsuit in which you must get around the school’s governmental immunity.
You might be having any issues related to you or your child involving a school district that you believe may warrant a lawsuit. In this case, it is in your best interests to first consult an experienced South Carolina government lawyer.
An experienced governmental lawyer will be able to guide you in your best course of legal action, including meeting any administrative filing deadlines. Further, an attorney will also be able to initiate a private lawsuit on your behalf, as well as represent you in court, as needed.
