The process an individual must follow for suing a private school or suing a public school in Tennessee will vary, as the processes for suing these different types of schools are different. The process may also be different depending on the location of the school.
It is also important for an individual to be aware that there are only certain causes of action that can be used to bring a lawsuit against a school or school district. A local attorney in Tennessee can help an individual determine the proper process for suing a school district in their area as well as provide them with possible resolutions for their issue.
To Sue a School District, You Need to Identify Your “Cause of Action”
When an individual is suing a school or school district, they will be required to identify the cause of action or set of facts that is the basis for their lawsuit. There are many examples of different causes of action that can be used as the basis of a lawsuit against a school, such as:
- Failure to supervise: A school district may face liability for negligence if a student is injured because they were not being appropriately supervised;
- Discrimination: There are federal laws that protect individuals against discrimination, including discrimination in public schools, including:
- Title VI of the Civil Rights Act of 1964 prohibits discrimination based on:
- Race;
- Sex;
- National origin;
- Disability;
- Other characteristics;
- The Americans with Disabilities Act (ADA) prohibits discrimination against individuals who qualify as having disabilities under the Act;
- Title IX of the Education Amendments of 1972 prohibits discrimination that is based on sex;
- There are courts that have interpreted this law to include discrimination based on gender and gender identity;
- Religious discrimination, as students are free to practice their religion;
- A student will likely experience this type of discrimination in addition to discrimination based on national origin, which is actionable;
- Excessive and severe punishment: In most school systems, there are policies in place regarding the type of punishment that is permitted and restricts excessive or severe punishments;
- Sexual misconduct: Sexual harassment is sexual discrimination, which includes:
- Sexual assault;
- Molestation;
- Rape;
- Bullying: School employees as well as schools can be held liable for failing to take action if a student is being bullied;
- Improper expulsion: if a student was improperly expelled and has tried to use all available administrative remedies, they may be able to file a lawsuit against the school; and
- Educational malpractice: A school may be liable for failing to properly or satisfactorily educate a student.
These causes of action are typically used when a student’s parent is suing the school district on behalf of the child. There are also causes of action that teachers or other school employees may use, such as improper discharge of a teacher.
A teacher or an employee of the school system may think they were improperly terminated from their job. If so, they will have to attempt to resolve the issue using available administrative remedies. In addition, there may be different requirements for teachers than for other types of employees.
It is also common to use negligence as a cause of action in a school district lawsuit. When an individual bases their claim on negligence, the issue in the case will be whether the student’s injury was foreseeable or not.
It is important to be aware that, just because a student is injured on school property or during school hours, it does not necessarily mean that the school can be held liable for the injuries. If, however, a student is injured because of harassment or bullying that was ongoing and the school was aware of it but did not take steps to remedy it, the school may be held liable.
The school itself is not an insurer of a student’s safety. All schools, however, do have a duty to exercise reasonable supervisory care for the safety of the students.
This means that it may be held liable for injuries resulting from a failure to supervise. This duty to supervise applies to both public schools and private schools.
Even if a public school is entirely privately owned and operated, it does not mean that they are not required to follow these requirements. In general, private schools owe parents and children the same duty of care that public schools would.
Schools also have a duty to supervise students during recess and lunch periods. This duty is based on the idea that injuries are generally foreseeable if students are left unattended in groups during free periods.
Schools may also have a duty to supervise students before or after school hours if the students are in groups or engaging in dangerous activities when injury would be reasonably expected to occur.
Important Step to Sue a School: File an Administrative Complaint Before You File a Lawsuit Against the School
There are certain procedures that individuals must follow before they are permitted to file a lawsuit against a school district. These may include filing an administrative complaint and going through any other available administrative processes to try and resolve the issue. An administrative complaint is something an individual submits that includes a statement of the facts or issues, evidence supporting their claims, and ways the issue may be resolved.
Whichever agency the individual submits their complaint to will investigate the claim. Once all of the available administrative remedies are exhausted and the individual does not have a remedy, they will be required to notify the school district in writing that they intend to file a lawsuit.
Is the Process the Same for Suing a Private School District?
The processes for suing public school districts and private school districts are different. Public schools are usually categorized as government entities. This means that they are usually protected by the doctrine of sovereign immunity that shields government entities from certain types of lawsuits. A private school, in contrast, is typically a business that is owned and operated by corporate shareholders or private individuals.
A lawsuit can be filed against a private school, requiring an individual to file an administrative complaint, making it theoretically easier to sue a private school. Unless the school has its own requirements, the individual will only have to follow the necessary steps for filing a civil lawsuit.
Another difference between public and private school lawsuits is that an individual can sue the insurance company for the private school. In the majority of situations, both private schools and public schools can be used using similar causes of action.
What Kind of Lawyer Do I Need to Sue a School District?
If you are thinking about filing a lawsuit against a school district in Tennessee, it is important to consult with a Tennessee government lawyer as soon as you can. An attorney can help you determine the category of school or school district your child attends, as well as the requirements you will have to follow before you are able to file a lawsuit in court.
Your attorney can advise you of the best way to try and resolve your issue, as well as the remedies that may be available based on your claim. Additionally, your lawyer will draft and file all of the necessary documents to process your claim and represent you if you have to appear in front of an administrative body or a court.
The LegalMatch website has a database of attorneys, including lawyers who can sue a school district and are ready to begin helping you with your claim. You can submit your issue or question on the website, and you receive responses from attorneys within about 24 hours who can help you determine if you have a viable claim, as well as how to best resolve your issue.
