How to Sue a School District in Wisconsin?

A person would go about suing a school district in Wisconsin only to the extent allowed by exceptions to the doctrine of sovereign immunity specified in Wisconsin law. Wisconsin law gives sovereign immunity to public school districts for claims based in tort law.

Immunity is given to public school districts for injuries resulting from negligent acts, which are discretionary in nature. This means that they involve the use of judgment. There are also exceptions to sovereign immunity. A person would want to consult a local attorney in Wisconsin in order to determine whether a person’s injuries were caused by acts that were discretionary or come within some kind of exception to sovereign immunity.

A person would not want to wait to consult an attorney as the deadlines for acting are short.

Additionally, even if a lawsuit based in tort law is possible under Wisconsin law, the amount of damages that a victim may recover is limited to $50,000. In addition, a victim may not recover punitive damages.

Wisconsin law also requires that a notice of circumstances and a notice of claim must be filed with a public Wisconsin school district before a lawsuit is filed.

It is important to note that the immunity does not apply to actions based on contract causes of actions against school districts. So, the cap on damages would not apply to actions based in contract law.

Also, if an employee of a school district is injured in the course of doing their job, they would file a claim for compensation under the state’s workers’ compensation system. This claim would not be barred by sovereign immunity and damages would not be capped at $50,000.

Likewise, claims of employment discrimination under the Wisconsin Fair Employment Act are neither barred nor subject to the cap on damages. The cap on damages does not apply to any claim made under federal law.

It is also important to note that if a person’s injury results from a school district employee’s negligent operation of a motor vehicle, the cap on damages is $250,000. Basically, the cap on damages applies only in cases that involve traditional torts, e.g. negligence, such as trip and fall accidents on school property and the like.

To Sue a School District, Do I Need to Identify a “Cause of Action”?

Before suing a school or a public school district in Wisconsin, a person needs to have a cause of action, which is a legal claim that courts recognize as entitling a person to a remedy of a type the law permits, e.g., the payment of money damages to compensate a victim for their losses.

A school district’s operations are wide-ranging, and a person might have many possible causes of action. Just a few of the possible causes of action that a person might claim in a suit naming a school or school district as the defendant include the following:

• Special Education: The Individuals with Disabilities Education Act (IDEA) is a federal law that guarantees a right to an appropriate education to students who have learning disabilities. School districts are obligated by the law to determine whether students have learning disabilities and then, if they do, to provide them with an education that is appropriate given the nature of their disability. A learning disabled student must be served in an environment that is the least restrictive possible.
  • A school must prepare an Individualized Education Program (IEP) for a child who has a disability. It should set educational objectives for the student and state how the objectives are to be reached.
  • If a school fails to do what is required of it by the IDEA, a parent may have a cause of action on behalf of their child. Sovereign immunity would not be a bar to filing a complaint or a lawsuit under the IDEA;
• Student’s Injury: If a student suffers an injury in a public school, their parents may have grounds for a claim against the school district. However, Wisconsin’s law of sovereign immunity limits the situations in which a public school in Wisconsin may have liability based in tort law for injuries caused by the actions or failure to act of public school personnel.
  • As noted above, if a person is injured on public school property in Wisconsin, public school districts may not be liable for injuries depending on what the cause was. The law in this area can be complicated and technical. A person would want to have the advice of a local attorney in Wisconsin before deciding on their course of action.
  • An attorney would help determine if their lawsuit would be allowed under an exception to the doctrine of sovereign immunity or if their damages would be capped at $50,000;
• Corporal Punishment: Corporal punishment of students, e.g., spanking, paddling, and the like, has been banned in Wisconsin’s public schools. There is an exception for the use of reasonable and necessary force needed to take a dangerous object, e.g., a weapon, away from a student and in self-defense and defense of others. If a student is subjected to corporal punishment in a public school, they might have a cause of action against the school district in which the school is located;
• Student Discipline: Wisconsin has extensive state regulations regarding the use of discipline other than corporal punishment in the state’s public schools. For example, suspension and expulsion are allowed, but only for certain specified infractions of the rules and only with notice to the student and their parent.
  • If a parent is concerned about how their child has been disciplined in their public school, they would want to talk to a local Wisconsin attorney;
• Search and Seizure: Wisconsin law allows school officials to search students and their belongings if they have reasonable suspicion that the place or person to be searched will reveal contraband, evidence of a violation of school rules, ordinances, or a crime.
  • If a student consents, school officials may search students even if they do not have a reasonable suspicion. School officials may search lockers without reasonable suspicion if they do so as permitted by a school or school district policy regarding locker searches;
• Sexual Harassment and Sexual Assault: If a school district employee or another student perpetrates sexual harassment or a sexual assault on another employee or a student, the victim might have a cause of action against the school district. A cause of action of this type might run into sovereign immunity and the cap on damages.
  • This would be a legal question, however, and a person would want to consult a local attorney in Wisconsin. Employees and even students who have been harassed or assaulted may also have a cause of action under federal anti-discrimination law, and this type of claim would not be barred by sovereign immunity;
• Employment Disputes: Many people perform a variety of roles and work for school districts. When employees receive negative performance reviews, are fired, or do not have their contracts renewed, they may have a cause of action against their school district employer.
  • Two federal acts, the Fair Labor Standards Act (FLSA) and the Family and Medical Leave Act (FMLA), as well as other state and federal laws, govern the public school workplace just as they govern private employers. They may give an employee a cause of action;
• Discrimination: Of course, public school district employees are protected from discrimination based on their membership in a protected class by the federal Civil Rights Act. Discrimination on the basis of race, gender, age, and the like violates the Act and can give rise to a cause of action. Also, if a school district denies reasonable accommodations to one of its employees with a disability, the employee may submit a claim for violation of the Americans with Disabilities Act (ADA). Students may sue because of gender-based discrimination under Title IX of the Civil Rights Act.

Do I Have to File an Administrative Complaint Before I May Sue a School District?

Wisconsin law also requires that a notice of circumstances and a notice of claim must be filed with a Wisconsin school district before a lawsuit is filed. A person would also have to file a written notice of their intent to sue with the local school district. This would have to be done within 120 days of the date when the person suffered their injury. Again, it would be important not to delay in contacting an attorney about a possible claim a person may have.

Is the Process the Same for Suing a Private School?

Essentially, private schools do not enjoy sovereign immunity as public schools do, so the process for suing a private school would be quite different. In addition, all of the federal laws that govern public schools also govern private schools, e.g., the IDEA. The Wisconsin law of negligence has force and effect in private schools, and private schools do not have immunity. Because private schools are not public entities, there would be no caps or limits on damages.

A person planning to sue a private school is not legally required to provide them with a notice of claim and a notice of circumstances as is required if a person plans to sue a public school district.

The IDEA requires public school districts to apply the same processes for identifying and serving students with learning disabilities in private schools that they use in public schools. This goes for students who are schooled at home as well.

If the parent or teacher of a private school or homeschooled student believes that a student has a learning disability, they may request that their local public school district assess and evaluate the student. The district must provide these services at its own cost.

If a child is found to need to receive special education services, the parent may transfer the child to their local public school, which may offer more complete special education services. Or, the parent may opt to leave their child in a private school and get equitable services.

Do I Need the Help of a Lawyer to Sue a School District in Wisconsin?

If you have an issue with a public school district or a private school in Wisconsin, you want to consult a Wisconsin government lawyer. LegalMatch.com will quickly give you access to a lawyer who can analyze the facts of your situation and tell you if you have a cause of action for a lawsuit or other type of complaint against the school or the school district.

Your lawyer can also tell you whether any special procedures must be followed or whether you need to submit a claim with a state or federal agency first. Filing a lawsuit against a school district is a complex matter that requires the assistance of a legal professional.

If you are an employee of a Wisconsin school district or private school and have been injured in the course of your employment, you want to talk to a Wisconsin workers’ compensation lawyer. If you have a dispute with a Wisconsin school district that involves a business contract, you want to discuss it with a Wisconsin contract lawyer. Whatever type of legal assistance you may need, LegalMatch.com can give you access to it quickly and efficiently.