How to sue a school district in West Virginia will vary depending on whether the individual is suing a private school or suing a public school and the location of that school. This is an important determination to make at the beginning of an issue involving a school because the steps that will be required are different for different types of schools.
There are also only certain specific claims that can be brought against schools in court, which will be outlined below. If, for example, the school discriminated when it accepted a student for admission based on a protected characteristic, such as gender, a lawsuit may be filed against the school.
In order to figure out the proper process to follow when suing a school district in West Virginia, an individual should speak with a local attorney in West Virginia. An attorney can be helpful in determining the type of school that the student attends, the steps the individual will have to follow in order to file a lawsuit, and the possible ways the issue can be resolved.
To Sue a School District, You Need to Identify Your “Cause of Action”
Suing a school or school district requires an individual, called the plaintiff in the lawsuit, to determine their cause of action. This cause of action is the set of facts or reasons why they are filing their lawsuit.
Examples of causes of action that may be used include:
- Excessive and severe punishment: The majority of schools have policies and procedures in place that restrict excessive and severe punishments and outline what punishments are permitted;
- Educational malpractice: Schools can be held liable if they fail to properly or satisfactorily educate the students;
- Discrimination: Federal laws are in place that protect individuals, including public school students, against discrimination, such as:
- Title VI of the Civil Rights Act of 1964:
- This Act prohibits discrimination based on:
- Race;
- Sex;
- National origin;
- Disability;
- Other characteristics;
- The Americans with Disabilities Act (ADA):
- This Act prohibits discrimination against individuals who have a disability listed in the Act;
- Sexual misconduct: Sexual misconduct, which may also be referred to as sexual harassment, can include:
- Molestation;
- Sexual assault;
- Rape;
- Bullying: School employees and school districts can be held liable for a failure to take action when if the student is being bullied and suffers injuries as a result;
- Failure to supervise: Schools may be held liable if a student is injured when they were not being provided with appropriate supervision;
- Improper expulsion: A student who was improperly expelled may be able to file a lawsuit against the school and ensure the expulsion is not included on their student record; and
- Negligence: Negligence cases involve determining whether or not a student’s injury was foreseeable.
This list includes causes of action that parents or legal guardians may use to file a lawsuit on behalf of their student or child. It is important for parents to be aware that, just because their student was injured during school hours or on the school property, it does not automatically mean that the school will be held liable for the injury.
Important Step to Sue a School: File an Administrative Complaint Before You File a Lawsuit Against the School
Prior to filing a lawsuit against a school district, the parent may be required to file an administrative complaint with the student’s school. In addition, they may have to go through other administrative processes with the school district to resolve the issue before they can file a lawsuit.
An administrative complaint is a complaint that is submitted to an agency, most commonly the Department of Education. The complaint will include the alleged violation or legal issue, supporting evidence for the issue, and ways the issue may be resolved.
The agency that receives the complaint will investigate it and attempt to find a resolution for the issue. Once every available remedy has been completed and the issue is not resolved, the individual will need to notify the school in writing that they intend to file their lawsuit against the school.
How to File a Complaint Against the School District in West Virginia?
In West Virginia, an administrative complaint should be filed with the West Virginia Department of Education. A lawyer can help an individual with any questions or concerns they may have related to filing this type of claim.
An individual’s lawyer can also help them submit their claim and ensure they complete all of the necessary paperwork and steps.
Who Can Be Sued in the School System?
There are many different types of employees who can be sued in a school system, including:
- Teachers
- Counselors
- Coaches
- Vice principals
- Principals
- Individual school employees
A school district can be held vicariously liable for the actions of these employees. This may result in multiple defendants being named in a lawsuit.
For example, it may have been determined that a teacher discriminated against a student. In this case, the plaintiff would want to determine whether or not the teacher’s superiors, such as the vice principal or principal, were also aware of the conduct and should be held responsible.
Is the Process the Same for Suing a Private School District?
The process for suing a private school is not the same as the one an individual must follow when suing a public school. Public schools are typically government entities, which means that they are protected from certain types of claims under the doctrine of sovereign immunity. Private schools, on the other hand, are usually privately owned and operated and, therefore, do not have this protection.
As a result, it is typically less complicated to sue a private school than to sue a public school. Public schools, as discussed above, require that an individual complete certain administrative steps before being able to file a lawsuit in court without it being dismissed.
There are similarities between suing the different types of schools once the individual files a civil lawsuit in court. Both public and private schools may be sued under the same causes of action and will owe the students the same duty of care.
What Kind of Lawyer Do I Need to Sue a School District?
If you are having an issue with your child’s school and are considering filing a lawsuit against a school district in West Virginia, it is important to reach out to a West Virginia government lawyer. Your attorney will advise you on what type of school your child attends and the steps you will have to take to file your lawsuit as a result.
Your lawyer can tell you the best possible ways to resolve your issue in addition to explaining what remedies may be available in your case. In addition, your attorney will draft and file with the proper agency or court any documents needed to resolve your issue and represent you before any administrative bodies or courts where you have to appear.
LegalMatch has a database of member lawyers, including lawyers to sue a school district, who are available to start working on your case. You simply submit your issue or question on the website in a few minutes, and within about 24 hours, you will receive responses from lawyers in your area.
