There are 295 school districts in Washington state. The largest is in Seattle, which serves 55,000 students. A person would sue a school district much as they would sue any other type of government entity. In the U.S., under the doctrine of sovereign immunity, a person is not allowed to sue governments or their agencies unless they consent to being sued.
Many states have waived this immunity and allow people to submit claims based on an allegation of negligence on the part of the school district if it resulted in injury to a student.
There may be procedures that a person has to follow before they are able to file a lawsuit in court if they have not won the remedy to which they believe they are entitled from the school district. Other states have waived sovereign immunity only to a very limited extent.
In Washington State, the policy of the Office of the Superintendent of Public Instruction (OSPI) is for parents to make their complaints known to their local school district and then to pursue various procedures for resolution that do not involve lawsuits in court.
The Office of the Superintendent of Public Instruction prefers parents to first request facilitation. This is a voluntary process in which a parent meets with a school district official to talk about the issue of concern to the parent with the assistance of a trained, neutral facilitator. Facilitation does not cost anything.
Another option would be meditation, another voluntary process for a parent and a district official to meet with a trained neutral mediator. Again, there is no cost associated with this process.
Yet another alternative is for a parent to file a complaint claiming violation of a federal or state law with OSPI. OSPI then investigates a complaint that should be filed within 1 year of the incident in which a parent complains.
Submitting a complaint to the OSPI would include complaints about violations of the federal Individuals with Disabilities Education Act.
Finally, a parent may request a due process hearing. An independent administrative law judge would conduct the hearing. A parent and the school district would both present information and documentation concerning the issue they have. The judge would render a decision in the case. A request for a hearing with an administrative law judge must be made within 2 years of any alleged violation or incident.
If a person believes they have a complaint against a local school district in Washington state, they want to consult a local attorney in Washington. Given the many options and the deadlines for taking advantage of them, a person would want to have professional legal advice as to how to proceed.
To Sue a School District, You Need to Identify Your “Cause of Action”
Before suing a school or a school district in Washington, a person who thinks they have grounds for a lawsuit needs to identify their cause of action.
A cause of action is a claim that either federal or state law recognizes as entitling a person to certain legal remedies. For example, a person may allege a breach of a contract in a complaint and seek an award of money damages as the remedy for the breach. Breach of contract is a recognized cause of action.
Some of the causes of action that a person might state in a complaint against a school district are as follows:
- Corporal Punishment of Students: The U.S. Supreme Court has ruled that corporal punishment in public schools is legal. However, it was prohibited in public schools in Washington in 1994. In Washington, a school staff member may use physical force only to the extent that it is necessary to maintain order or to prevent a student from harming themselves, other people, or property.
- If a school or school district employee were to use physical force on a child in a manner that is not allowed by state or local school district policy, the parent might well have a cause of action against the employee and/or the school district. Whether a school staff member’s actions amounted to prohibited corporal punishment or was justified “reasonable force” would be an issue in the case;
- Disciplinary Measures: Washington has extensive laws regarding the use of classroom exclusion, in-school suspension, and expulsion as punishment in its schools. If a teacher kicks a student out of their classroom for misbehavior, state policy requires the teacher to notify the principal of the school and the parents about it. Notice of every instance of classroom exclusion must be given to a school’s administration and the parents of the student involved.
- There is an Office of Education Ombuds in Washington. It is a state-level agency. It publishes a 48-page handbook for families about student discipline in public schools in Washington state. A person might wish to speak to a local attorney in Washington about an issue involving discipline of a student in a public school in Washington in order to get guidance as to how to challenge it;
- Special Education: The federal Individual with Disabilities Education Act (IDEA) is a set of laws that guarantee rights and educational services to students throughout the U.S., including those in Washington state, who have learning disabilities. First, school districts are obligated to identify students who may have learning disabilities. They must then assess them in order to identify their special educational needs. They should do this at no cost to the parents.
- A school district must then provide the child with an education that is appropriate for them given their special needs, and it must be provided in an environment that is the least restrictive possible;
- A school must create an Individualized Education Program (IEP) for a child who has a learning disability. In the IEP, the student’s needs and educational objectives would be identified. The IEP would state how the objectives are going to be met;
- If a parent does not think that their child’s IEP is adequate or appropriate, they can request a hearing and review from their state’s educational agency. If they do not agree with any decision of the state agency, they may appeal the decision in a state or federal court;
- Student’s Injury: If a student is injured at school, their parents may have a cause of action for negligence against the school district. Districts may be liable in several circumstances. For example, if the injury was inflicted by another student because the school failed to provide adequate supervision of students, a school district may be liable for negligent supervision. If the injury resulted from hazards on the premises or hazardous equipment, the school may be liable.
- Schools owe a duty of care that includes obligations to supervise students and maintain schools and playgrounds in a safe condition. If their staff is negligent and the negligence is the direct cause of injury to a student, they may be liable for negligence;
- Employee Injury: A school district employee who is injured on the job would turn to Washington’s workers’ compensation system for compensation;
- Search and Seizure: Students have limited rights to privacy in Washington state. State law allows searches of students’ lockers and the contents of their lockers. However, searches of their person and personal effects by school administrators or teachers may give rise to a cause of action for illegal search and seizure;
- Sexual Harassment and Sexual Assault: In 2020, the Supreme Court of the State of Washington held that school districts in the state might be held strictly liable for discrimination by their employees under the Washington Law Against Discrimination (WLAD). The court also held that under the WLAD, intentional sexual misconduct, such as sexual abuse and assault, constitutes discrimination.
- This is a very significant ruling by the Washington Supreme Court. It means that a person would not have to prove any type of negligence on the part of a person who abuses or assaults them. Rather, they would have to prove only that abuse or assault happened in a school to make the school district liable for damages;
- Discrimination: Of course, the employees of a Washington school district may have a cause of action for discrimination on the basis of membership in a protected class if their school district employer engages in discriminatory actions that offend the federal Civil Rights Act. If a school does not make reasonable accommodations for an employee’s disability, the employee might have grounds to sue for violation of the Americans with Disabilities Act (ADA). Students might complain about violations of Title IX of the Civil Rights Act.
What Are Some Challenges and Considerations when Suing a School District?
Before suing a school district in Washington, there are some considerations and possible challenges that an individual should take note of, including:
- Immunity protections for certain school districts
- Costs and financial implications
- Statutes of limitations
- The emotional and social impact on the student and their family
Immunity protections for certain school districts
A public school district will often have sovereign immunity which protects it from some types of legal claims. It is important to be aware that there are exceptions, including:
- Sexual abuse: If an individual is sexually abused on school grounds or by an employee of the school, the school may be held liable.
- Willful or intentional conduct: This arises if a school or school employee wilfully or intentionally or caused injury to another individual.
- Negligence: If a school official or employee injures a student because of negligent conduct, the school may be held liable.
- School bus injuries: If a student is injured while on a school bus, the school can be held liable.
- Dangerous conditions: If an individual is injured on the premises of the school due to the presence of a dangerous condition, the school can be held liable.
It is important to get more information on specific exemptions that may apply from a local attorney when an individual is considering filing a lawsuit against a school district.
Costs and financial implications
It may be costly for an individual to file a lawsuit against a school district in Washington. The total cost of a lawsuit against a school district can vary depending on many issues, including:
- The issues in the case
- Fees for filing in court
- Fees for process service
- Expenses for travel
- Deposition costs
- Document copying and production costs
- The complexity of the case
- Fees for expert witnesses
- Lawyer’s fees
- The experience and reputation of the attorney
- The typical practice area of the attorney
- Other costs the lawyer incurs for preparing and presenting the case
If a lawyer uses an hourly fee arrangement to bill for suing a school district, the cost may be anywhere between $150 to $800 or more per hour. Before deciding what lawyer to hire, a potential client should ask what fees they will be responsible for paying and exactly what services they will cover.
Statutes of limitations
There are time limits for how long an individual has to bring a lawsuit in court, called the statute of limitations. In Washington, the statute of limitations is commonly two or three years, depending on the type of claim being filed.
These time limits are used to make sure that individuals file their claims within a reasonable time period following their injury or harm. It also helps ensure that evidence is preserved and defendants are not indefinitely exposed to the possibility of being sued.
The statute of limitations will usually start when one of the following happens:
- The injury occurs
- The individual becomes aware of their injury
- The individual should have reasonably discovered the injury
The discovery rule is the rule that determines when the statute of limitations will begin to run. The rule allows for the statute to be paused, or tolled, until an injury party should have reasonably discovered their injury or when they actually do.
An individual should note that there can also be other requirements they have to complete before being allowed to file their lawsuit in court. They may have to file a formal complaint with the school district, giving them the opportunity to resolve any issues before they file a lawsuit.
Because of the many possible deadlines that an individual may have to comply with when suing a school district, they should reach out to a lawyer as soon as they can after an injury or the discovery of an injury. If they miss one of these important deadlines for filing their complaint or lawsuit, they may not be able to recover any kind of compensation for their injuries.
Emotional and social impact on the student and their family
When deciding whether or not to sue a school district, there are also social and emotional considerations for the potential plaintiff and their family. Filing a lawsuit can have an impact on the student who is involved as well as their experiences at school.
This applies especially in situations where a public trial is required. In these cases, their personal information will be shared with the public.
This, in addition to the possibility of testimony from other students and school employees, may have an impact on the social experience they have at the school. Their family will need to support them and help them navigate this potentially stressful time.
There are alternatives to public trials that allow the parties to settle their issues privately outside of a courtroom, such as alternative dispute resolution (ADR). Using an ADR method can help minimize the impact the lawsuit will have on the parties who are involved, as they will not be required to participate in a public trial.
Do I Need to File an Administrative Complaint Before I File a Lawsuit Against the School?
As noted above, public school districts may enjoy sovereign immunity to some extent. In Washington State, the Office of the Education Ombuds (OEO) is a state educational agency that accepts complaints and tries to resolve disputes between parents and the state’s public schools and school districts. They claim to do this in all areas that affect student learning.
It is possible in Washington state, that a person would have to proceed through administrative processes within the local school district and the state OEO before suing a school district. A person would need to consult a local attorney in Washington to discuss this issue.
Other types of causes of action, e.g., for discrimination based on the Civil Rights Act, might require a person to submit a claim to a federal agency, e.g., the Equal Employment Opportunity Commission (EEOC) in the case of discrimination. Again, a lawyer would be able to advise a person as to what exact procedures would have to be followed in any specific case.
Is the Process for Suing a Private School District the Same?
Essentially, the process for suing a private school would be the same as that for suing a public school. However, private schools are not government agencies, so they would not be able to claim sovereign immunity. However, the same state and federal laws that govern public schools, e.g., the IDEA, apply to private schools.
The federal IDEA requires public school districts to provide the measures needed for students with disabilities in private schools as well as public ones. This is true for students who are schooled at home too.
Either the parent or the teacher of a private school or a student schooled at home may suspect that one of their students needs special education services for a learning disability. If so, they should contact their local school district and request an evaluation of the student. The school district would do this at its own expense.
If the student qualifies for special educational services, the parent has some options. They could send the student to their local public school. This school may offer complete special education services. Or, a parent may decide to have their student remain in the private school and receive equitable services.
Equitable services would be provided free of charge to the private school and the parents, but the services tend to be limited. It is possible that a student in a private school would receive fewer free services in a private school than they would get in a public school. This would not give the parent a cause of action against the local school district because the parent could send their child to a public school where they would receive complete services.
Another question is whether public charter schools would be treated as public schools or private schools under a state’s law. In some states, they have been found to be public schools with the same rights to sovereign immunity as public schools. Arguably, if they receive money from the state as public schools do, they are likely to have the same degree of immunity as public schools.
However, if a school is truly private and does not receive public money, it would not be able to claim sovereign immunity. Suing a private school would be the equivalent of suing any other private entity. If lawyers are to sue a school district, they would want to research the status of charter schools in their state.
What Kind of Lawyer Do I Need to Sue a School District?
If you have an issue involving a school district in Washington, you need to consult a Washington government lawyer. LegalMatch.com can put you in touch with a lawyer quickly. Your lawyer will analyze your situation and let you know if you have a cause of action. Your lawyer will identify any administrative procedures you need to go through and whether you need to submit a claim with a state or federal agency first.
If you are an employee of a Washington school district and have been injured on the job, you want to consult a Washington workers’ compensation lawyer. If you have an issue related to a business contract with a school district, you may want to consult a Washington contract lawyer. In any case, you can efficiently discuss your issue with a lawyer who can best represent you through LegalMatch.com.
