How to Sue a School District in Vermont

Suing a school district in Vermont, requires a thorough understanding of civil procedure and numerous different areas of law. In many cases, suing a school district will involve either you as a parent suing a school on behalf of your child or you as an employee of the school district itself.

Typically, the reason that initiating a civil lawsuit against a school district involves a parent is because an adult may lack the necessary standing to initiate a civil lawsuit against the school district. However, proper standing may simply involve you being a taxpayer in the school district in some cases.

It is important to note that suing a private school is generally different from suing a public school. This will be discussed further below. However, in general, this is because public schools operate essentially as a pseudo form of government, as they perform a public function and receive public funding. As such, public schools may only be sued in limited matters.

As such, if you have a legal issue involving a school district, it is imperative that you understand the legal process and what will be required of you before attempting to file a lawsuit against the school district. The exact requirements for suing a school district will depend on a variety of factors.

To Sue a School District, You Need to Identify Your “Cause of Action”

Generally speaking, in order to properly sue a school district, your first step is ensuring that you have a proper cause of action. This means that you must have a legal basis for your civil lawsuit against the school district.

The legal term “cause of action” refers to a set of facts and claims that are deemed sufficient in the eyes of the law of the state of Vermont to justify the right for one party to sue another. If you fail to state a claim upon which relief can be granted, or your lawsuit is frivolous, you may not bring a lawsuit.

There are numerous different legal causes of action that can serve as a basis for a civil lawsuit against a school district. Examples of the most common causes of action against a school district may include:

• Discrimination: Discriminatory actions often form the basis for civil lawsuits against school districts.
  • Discriminatory actions may include selective admission policies or denying a student admission to a school based on a protected category, such as race, gender, or national origin;
• Child Abuse: Child abuse may form the basis of a civil lawsuit in Vermont if a school district knowingly fails to report instances of child abuse to the proper authorities;
• Sexual Misconduct or Harassment: Sexual harassment may form the basis of a lawsuit in Vermont if a school district fails to protect a child from unwanted sexual advances or conduct related to other students or employees of the district;
• Personal Injuries Caused by a School Employee: Personal injury lawsuits against a school district can arise from negligent acts from school employees or the district, such as employees creating hazardous conditions that result in a student’s injury or a school district enacting a policy that endangers students;
• Improper Expulsion: Improper expulsion may form the basis of a lawsuit if a school district wrongfully expels a student;
• Disabilities and Special Education: It is important to note that federal laws require schools to adhere to many different laws and stipulations regarding disabled students and special education programs.
  • Thus, a failure by a school district to adhere to these laws may result in a lawsuit based on the Individuals with Disabilities Education Act or the Americans with Disabilities Act;
• Failure to Return Personal Property: Failure to return personal property may also form the basis of a lawsuit if a school district takes a student’s personal possessions and then fails to return the property in a timely manner;
• Employment Claims: Employees of the school district also commonly sue the school district for claims related to their employment, such as for workers’ compensation, wrongful termination, or wage and hour claims.

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, many jurisdictions in Vermont require you to first “exhaust” your administrative remedies. This means that you must first file an administrative complaint with the proper authority in your school district. Typically, the district itself will identify the proper authority.

An administrative complaint serves to put the school district on notice that there is a legal issue that has been unaddressed. The notification and complaint procedure also gives the school district an opportunity to resolve your legal issue(s) without the necessity of filing a private lawsuit and involving the court.

It is important to note that a court may automatically dismiss your legal claim if you do not follow the proper civil procedure. This civil procedure process sometimes involves short filing deadlines. As such, it is important to file your administrative complaint against the school district timely.

After being properly notified, if the school district then fails to remedy your legal issue, you will then typically be given permission to privately sue the school district. A local attorney in Vermont can assist you in determining where you are in the civil process, including ensuring you properly notify all required authorities.

Is the Process the Same for Suing a Private School District?

In short, the process for suing a private school district is not the same as suing a public school district. This is because, unlike public schools, private schools do not have as many legal protections, such as sovereign immunity.

Due to private schools’ lack of governmental immunity and other legal protections, finding lawyers willing to sue a private school district is not as difficult as finding lawyers to sue a public school district. This is because the lawyers will not have to overcome the immunity issue.

Importantly, if a private school accepts any sort of federal funding, then it must comply with laws similar to that of a public school. This means that the process may then be similar to suing a public school. Further, this also means that the private school must comply with federal laws regarding Title IX, etc.

Should I Hire a Lawyer to Sue a School District?

As can be seen, suing a school district is often a complicated matter. The process is especially complicated if the school district is a public school district. This is because you must typically first exhaust your administrative remedies. Additionally, you must also navigate around the governmental immunity issue.

As such, if you are having any issues related to you or your child that involve a school district, it is in your best interests to consult an experienced Vermont government lawyer. An experienced governmental lawyer will be able to answer any of your questions regarding the requirements for suing a school district.

An attorney can also assist you in properly navigating the procedural process. This includes meeting any administrative filing deadlines required by the state and your district. Further, an attorney will also be able to help you initiate a private lawsuit against the school district, and represent you in court, as needed.