Virginia’s public schools are not operated directly by the government of the state of Virginia. They are also not organized into local districts as they are in most other states.
Public schools in Virginia are organized according to special political subdivisions known as “school divisions.” So, a person would not be suing a school division in Virginia but rather suing a school division. A division in Virginia is similar to a district in other states. Each division is associated with a county, city, or incorporated town in Virginia. The governments of these local entities supply most of the funding for the schools.
This is only a matter of terminology, however. In every important respect, suing a school division would be the same as suing a school district.
The highest-ranking administrator of a school division in Virginia is its superintendent of schools. A school board oversees a school division.
As noted above, each public school is part of a division. Generally, if a person has a complaint against a school, they would be suing the division in which the school is located and not suing the school itself.
One important special procedure that should be noted by people who want to sue a school division in Virginia is the state’s special notice requirement for tort claims. An adult who wants to sue a government entity in Virginia for a tort claim must give the local governmental entity notice within 6 months of the incident that gave rise to the claim. The notice must include the time and place of the incident that resulted in the injury. Again, this applies to adults.
Children, however, or anyone suing on behalf of a child would have until a child’s 19th birthday to give this special notice. So, this special notice requirement probably would not apply in the case of a parent suing a school division for injury to a child. However, a person would not want to delay consulting a local attorney in Virginia about their complaint and any possible notice requirements and time requirements that might apply to it.
Do I Need to Identify a “Cause of Action” to Sue a School Division?
The operations of a modern school division are complex. A person may have a wide variety of possible complaints against a school division. Some may involve the experience of students in one of its schools. Others may involve the business aspects of a division’s operations.
A cause of action is a type of claim that courts recognize as giving a person a right to a remedy that the law allows. A common remedy allowed by law is for a party who is liable for a wrong to pay money damages to the person who is harmed. Of course, if a person plans to file a lawsuit against a school division in Virginia, they must decide which cause of action fits their complaint.
Some of the causes of action that a person might assert in a lawsuit against a school division in Virginia include the following:
- Students with Disabilities: The federal Individual with Disabilities Education Act (IDEA) gives specific educational rights to students with disabilities in all of the nation’s schools. Schools are legally obligated by the IDEA to proactively identify students who may have disabilities and then assess them. They must do this free of charge to the student’s parents.
- They must then make sure to give the child the education that is appropriate for them. They must provide the necessary education in a school setting that is the least restrictive possible.
- Schools must provide a student with a disability the special education and services that they require, such as speech-language therapy, given their special needs. A school must write an Individualized Education Program (IEP) for a child who has a disability. It would identify the student’s special educational needs, set educational objectives for the student, and specify how the objectives are to be met.
- If a school fails to do what is required by the IDEA, a parent may have a cause of action on behalf of their child;
- Premises Liability: This is a type of negligence. A person who is injured when they slip and fall on school property, might seek compensatory damages in a lawsuit for premises liability.
- If the person is an employee who is injured while doing their job for a school division, they might have to seek compensation through the Virginia workers’ compensation system. Again, a person would want to consult a local attorney in Virginia about any possible special notice requirement that may apply in their case;
- Student Injured at School: If a student suffers an injury while at school, their parents may have grounds for a claim for compensation for the student’s injury against the school division. Divisions may be liable in a number of situations. If one student inflicts injury on another, because the school did not provide adequate supervision of the students, the school division might be liable. If the injury resulted from physical hazards on the school grounds or hazards created by equipment, again, the school may be liable.
- Schools have a legal duty to supervise students and to keep schools and playgrounds safe. If they fail to fulfill this duty and a student is injured, they may be liable for negligence;
- Student Discipline: Virginia state law authorizes local school divisions to develop and adopt regulations regarding every aspect of local school operation, including student discipline. Schools in Virginia may set standards of conduct and disciplinary measures that may be used. Schools may suspend or expel students as a means of discipline, however there are extensive regulations regarding the use of these measures.
- If a parent believes that disciplinary measures used against their child are in some way inappropriate, they would want to consult a lawyer and refer to the regulations, policies, and procedures in their local school division;
- Corporal Punishment: Virginia law strictly prohibits the use of corporal punishment to discipline students in schools. Virginia law does allow school personnel to use “reasonable” force in certain limited situations, such as:
- To bring an end to a conflict in which students may be threatening each other with physical injury;
- To take a weapon or other dangerous object away from a student;
- In self-defense;
- To defend other people or property.
If an employee of a school division in Virginia were to inflict physical contact on a student, it could lead the student’s parents to complain. An issue in the case would be whether the contact was prohibited corporal punishment or whether it may have been justified by one of the exceptions;
- Search and Seizure: Again, Virginia law authorizes local school divisions to adopt regulations regarding searches, seizures, investigations of students, drug testing, and a host of other possible law enforcement measures. The state Board of Education is supposed to develop guidelines for these regulations.
- Local school divisions should then develop and adopt their own regulations which should conform to the guidelines published by the state Board of Education. Generally, students have limited rights to privacy at school but searches and seizure of their personal belongings by school administrators or teachers might provide grounds for a cause of action for illegal search and seizure.
- Again, a parent who believes that their local school division has acted in violation of local or state regulations would want to consult a local attorney in Virginia, who would have to consult local and state regulations regarding any issue related to searches and seizures;
- Discrimination: Both the employees of a school division and its students may have a cause of action for discrimination on the basis of membership in a protected class if a school division acts in a manner that discriminates in violation of the federal Civil Rights Act. If a school division denies a disabled employee the reasonable accommodations they need to do their job, the employee may have a cause of action claiming a violation of the Americans with Disabilities Act (ADA).
Do I Need to File an Administrative Complaint Before I File a Lawsuit Against a School Division in Virginia?
A person would generally inform a school division of their cause for complaint before they file a lawsuit in court. In addition, a person and their lawyer would first want to determine if the law requires them to submit a claim to the local school division or the state superintendent of schools in Virginia.
Generally, lawyers attempt to resolve a claim that a person may have through discussion and negotiation before going to court. Lawyers who plan to sue a school division would proceed in this manner for a claim against a school division. Lawsuits are expensive and time-consuming. A negotiated resolution is usually preferable.
With certain kinds of claims, a person may need to present it first to a state or federal agency before going to court. This may be the case if a person claims discrimination. They would file with the Equal Employment Opportunity Commission (EEOC) first. The agency investigates claims and has procedures for resolving them if possible. If that is not possible, the agency would then give the green light to the person to proceed with a lawsuit.
Is the Process the Same for Suing a Private School District?
Essentially, suing a private school is much the same as suing a public school. The same state and federal laws govern private schools and public schools alike. The IDEA applies to students in private schools, and the Virginia law of negligence applies to a private school, just as it does to public schools.
In fact, the IDEA requires public school districts to seek and evaluate private school students and homeschooled students who may have learning disabilities. The parent or teacher of a private school or homeschooled student may think that their student has a learning disability. In this case, they should ask their local school division to evaluate the student as required by the IDEA. The local school division has to pay for this service.
If the public school personnel determine that a child needs special education services, the parent may send the child to their local public schools. Often, public schools have more complete special education services. Alternatively, a parent may keep their child in a private school and get equitable services.
Public funds pay for these equitable services, but they tend to be more limited than those offered in public schools, which serve a large population of students with special needs.
This would not necessarily give the parent a cause of action against the local school division because parents have the option of sending their child to a public school to get the full range of services they need.
Of course, some private schools offer programs designed specifically to meet the needs of students with learning disabilities, and sending their child to such a school is also an option if the parent can afford it.
Do I Need the Help of a Lawyer for My School Division Claim in Virginia?
If you have a dispute with a school division in Virginia, you should talk to a Virginia government lawyer. LegalMatch.com can connect you to a lawyer who will analyze the facts of your situation and tell you if you have a cause of action. Your lawyer will guide you through the procedures you need to follow and tell you whether you need to file a claim with a state or federal agency first.
If you are an employee of a Virginia school division and are injured on the job, you want to consult a Virginia workers’ compensation lawyer. And if you have a business contract with a school division, you want to consult a Virginia contract lawyer. Whatever your need, you can connect to the lawyer of your choice through LegalMatch.com.
