To Sue a School District, You Need to Identify Your “Cause of Action”
One important step for suing a school district is determining the cause of action on which the lawsuit will be based on. A cause of action is a legal phrase for the set of facts that establish the grounds which justify bringing a lawsuit.
If a plaintiff is able to demonstrate that a set of facts would allow them to seek redress against another party, those facts would be the cause of action that would entitle them to file a lawsuit. Common examples of causes of action that form the basis of many school district lawsuits include:
- Sexual harassment and misconduct: A claim involving sexual harassment or misconduct may involve verbal or physical acts that are sexual in nature;
- Although these causes of action in a school district lawsuit will typically involve a teacher and a student, it is possible for this cause of action to arise in a case involving faculty members, for example, a teacher suing a vice principal for sexual harassment;
- Child abuse: In certain situations, sexual harassment claims may extend to cause of actions for child abuse;
- This may occur when the school district has been notified or is aware that a student is being abused, bullied, or sexually harassed, abused by another student or teacher, and they do not take steps to alert the proper authorities or to prevent the issue from recurring;
- Discrimination: Discrimination can arise when a school district employs selective admission practices. This may mean that the school is either denying or accepting certain students for entry or providing preferential treatment to current students based on a category that is protected by constitutional and federal law, such as:
- Gender;
- Race;
- National origin;
- Religious beliefs;
- Other protected characteristics;
- Employment: There are certain causes of action that may involve teachers or other faculty members suing a school district;
- For example, a teacher may sue a school district for wrongful termination, workers’ compensation, or claims relating to wage and hour issues;
- Disabilities and special education programs: A school district must comply with certain strict regulations governing students with disabilities;
- Specifically, a school has to establish special education programs;
- Various causes of action: There are also other causes of action that may involve:
- Improper expulsion of students;
- Failure to return personal property that belongs to students within a specified time frame;
- Personal injury actions that involve school employees;
- Other issues that may come up with a school or school district.
One cause of action that commonly arises in many school district lawsuits is a claim of negligence. When suing a school district for negligence, the main focus is on whether a student’s injury was foreseeable or not.
For example, assume that a school was aware that a certain student was consistently being bullied or harassed by another party, and the school did not take any steps to stop it from occurring. In that case, the school may be held liable for any injuries that the student suffered in connection to the situation.
Important Step to Sue a School: File an Administrative Complaint Before You File a Lawsuit Against the School
Every school district has a certain process that a plaintiff has to follow before being able to file a lawsuit against the district or particular school in court. The process typically requires that the individual file an administrative complaint and exhaust all other available administrative remedies before filing a lawsuit.
An administrative complaint is a type of complaint that is submitted to a government agency in the state where a school district is located. In the majority of states, this is typically the Department of Education in that state.
The complaint contains information such as:
- What law the plaintiff claims was violated;
- A statement of the facts;
- Additional documentation that supports the complaint; and
- The plaintiff’s recommendation for resolving the issue.
A representative of the agency will review the complaint and will investigate the plaintiff’s claim. The agency may also request further evidence from the complaining party during the investigation.
Typically, it takes around 60 days to complete an investigation. In situations where a local agency first took the complaint, the plaintiff may be able to contact the Department of Education to investigate the matter further.
Once all available administrative remedies are exhausted and a plaintiff is permitted to file a lawsuit in court, they must send a letter notifying the school of their intent to sue. It is important to note that public schools may not be sued for simple negligence but must be sued for willful or intentional negligence, and the claim must be based on something illegal, such as discrimination.
What Are Some Challenges and Considerations when Suing a School District?
An individual should consider certain issues and challenges that they may face when suing a school district in Texas, for example:
- The statute of limitations
- Immunity protections for school districts
- Costs and financial implications
- The emotional and social impact on the student and their family
The statute of limitations
The statute of limitations is the time frame in which an individual must bring their claim in court before they will be barred from doing so. Generally, the statute of limitations for suing a school district in Texas is two years.
This time limit is imposed to make sure that lawsuits are filed within a reasonable amount of time after an individual is injured or suffers damages. This limit also helps to ensure the preservation of evidence and that defendants are not indefinitely exposed to the possibility of a lawsuit.
When a statute of limitations exists, individuals are encouraged to promptly take action and try to resolve their disputes instead of letting them continue for a long period of time. Imposing time limits also prevents an overburdening of courts with cases that are older and might be harder to resolve because of the passage of time and deterioration of evidence.
- The statute of limitations will often start running on one of the following:
- The date that an injury occurred
- When the individual became aware of their injury
- When the individual should have reasonably discovered it
This rule that starts the statute of limitations is the discovery rule. This rule lets the statute of limitations be paused, or tolled, until the injured individual actually discovers or should have discovered the harm or injury.
It is important for potential plaintiffs to know that, in many states, there will be additional requirements they have to fulfill before they can file their lawsuit.
For example, they may have to file a notice of claim or a formal complaint that gives the school time to resolve their issue before they file a lawsuit. These requirements typically have a shorter time frame than a personal injury claim.
Because of these deadlines, an individual should reach out to a lawyer as soon as they can after an injury or the discovery of an injury. If an individual misses the deadline for filing their claim, they may be barred from recovering any type of compensation.
Immunity protections for school districts
A public school often has immunity, called sovereign immunity, which protects them from some types of legal claims. However, there are exceptions that can vary by jurisdiction, for example:
- Willful or intentional conduct: If a school or school employee wilfully or intentionally or caused injury to another individual, they can be held liable.
- School bus injuries: A school can be held liable if a student is injured while riding on the school bus.
- Dangerous conditions: The school may be held liable if an individual is injured on the grounds of a school because of a dangerous condition.
- Sexual abuse: The school can be held liable if a student is sexually abused on the grounds of the school or by a school employee.
- Negligence: If a school official or employee injures a student because of their negligence, the school may be held liable.
It is important for an individual to reach out to a local attorney for more information on the specific exemptions that may apply to the school they are considering filing a lawsuit against.
Costs and financial implications
Suing a school district can be costly for an individual. The cost they may have to pay will vary depending on several factors, including:
- Fees for filing in court
- The complexity of the case
- Fees for expert witnesses
- The issues in the case
- Lawyer’s fees
- The experience and reputation of the attorney
- The typical practice area of the attorney
- Fees for process service
- Expenses for travel
- Costs of depositions
- Document copying and production costs
- Other costs related to the preparation and presentation of the case
For attorneys who use an hourly fee arrangement to represent their clients, that rate can be anywhere between $150 to $800 or more per hour. Before choosing a lawyer, an individual should determine how much they will be paying hourly and exactly what their payments will cover.
Emotional and social impact on the student and their family
In addition to financial considerations, before filing a lawsuit against a school district, it is important for a potential plaintiff to take into account the emotional and social impact it may have on the student and their family. If the student was injured and they seek compensation, it is possible they may have issues with school staff or other students due to the lawsuit.
Although a legal claim should not have an effect on a student’s school experience, they may still face negative treatment during the legal process, especially if other students or staff have to testify. This may affect the student’s family as well, because they will need to help the student navigate those issues.
The parties in the lawsuit may be able to settle their claim outside of court using a method of alternative dispute resolution (ADR). ADR can also help lessen the impact of a lawsuit on the individuals involved because they will not be required to participate in a public courtroom trial.
Is the Process the Same for Suing a Private School District?
As noted above, the process is different for suing a private school district than for suing a public school district. This is because public schools are considered to be government entities, and private schools are businesses that are owned and operated by private individuals or corporate shareholders.
This means that private schools may be sued without first having to file an administrative complaint. This also means that it is typically easier to file a lawsuit against a private school district than a public school district.
Public schools will usually be protected by the doctrine of sovereign immunity, whereas private schools will not. Sovereign immunity is a concept that shields the government from certain types of lawsuits.
This means that if the public school is considered a government entity, it will be protected by this doctrine. Another difference when suing a private school is that the plaintiff has the option to sue the private school’s insurance company instead.
The similarities include that once the process reaches a lawsuit, it should proceed in the same manner, whether it is against a public school or a private school. In addition, both types of schools may be sued for the same causes of action as they owe the same duty of care to their students.
What Kind of Lawyer Do I Need to Sue a School District?
If you need to sue a school district, you should consult with a Texas government lawyer. These types of lawsuits can be complicated, especially when a public school is involved.
It is important to be aware that, even if your student was injured during the school day or on the school property, it does not necessarily mean the school can be held liable for their injuries. There are also strict procedures you must follow, which your lawyer can assist with and ensure they are handled correctly and efficiently.
LegalMatch can help you find a government lawyer in your area who will represent you throughout the legal process. With LegalMatch, it is quick, easy, and free to find lawyers near you who are ready to help you with your school district issue.
