How to Sue a School District in Wyoming?

In order to properly sue a school district in Wyoming, you must understand the civil process and laws of the state. In many cases, suing a school district will involve either you as a parent suing a school on behalf of your child or children, 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 without a child typically lacks the necessary standing to file a lawsuit against the school district. However, there have been cases in which a person without a child has sued based upon being a district taxpayer.

It is important to note that suing a private school is generally different from suing a public school. This is because public schools operate as a pseudo form of government and often invoke sovereign immunity or other legal protections. This is discussed further below.

As such, if you wish to sue a school district, it is imperative that you understand the legal process and what will be required of you before filing your school district lawsuit. The exact requirements for suing a school district will depend on a variety of factors, such as properly determining your cause of action.

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

In order to properly sue a school district, the first step is ensuring that you have a proper cause of action. In other words, you must have a legal basis for your civil lawsuit against the school district. The term cause of action refers to a set of facts that are deemed sufficient in the eyes of the law of the state to justify the right for one party to sue another.

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

• Discrimination or Other Civil Rights Violations: Discriminatory acts often form the basis for civil lawsuits against school districts, such as “selective admissions” 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 Wyoming when a school district fails to report to the proper authorities when the district knows of a child being abused;
• Sexual Misconduct or Harassment: Sexual harassment also may form the basis of a lawsuit in Wyoming if a school district fails to protect a child from unwanted sexual advances or conduct, especially from 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, such as employees creating hazardous conditions that result in a student’s injury;
• Improper Expulsion: Improper expulsion can 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 several laws and stipulations regarding disabled students and special education programs. As such, failure to adhere to these laws may result in a lawsuit based on the Individuals with Disabilities Education Act;
• Failure to Return Personal Property: Failure to return personal property may form the basis of a lawsuit if a school district takes a student’s personal possessions and fails to timely return them;
• Employment Claims: As mentioned above, employees of the school district may need to 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 Wyoming require you to first “exhaust” your administrative remedies. This means that you should first consider filing an administrative complaint with the Wyoming Department of Education (“WDE”).

Typically, the process for filing an administrative complaint is outlined in the Notice of Procedural Safeguards provided by school districts to parents. In other words, before filing your civil lawsuit against the school district, you must generally first file an administrative complaint with the WDE.

An administrative complaint serves to put the school district on notice that there is a legal issue. This procedure also gives the school district an opportunity to resolve your legal issue(s) without the necessity of involving the court system.

It is important to note that a court may automatically dismiss your legal claim if you do not follow the required administrative process. This process sometimes involves short filing deadlines, which means it is important to file your complaint against the school district within these specified time limits.

After being properly notified, if the school district then fails to remedy your legal issue, you may then be given permission to privately sue the school district. A local attorney in Wyoming can assist you in determining the proper notice for filing an administrative complaint and getting permission to initiate a civil lawsuit. An attorney can also help you draft a civil lawsuit and then file it against the proper party.

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 generally because, unlike public schools, private schools are not protected by governmental immunity. For instance, a private school district may not claim sovereign immunity similar to a public school district.

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

It is important to understand that 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 private school must comply with federal laws regarding Title IX, etc.

Do I Need to Hire a Lawyer to Sue a School District?

As can be seen, initiating a civil lawsuit against a school district may be a complicated matter. Successfully initiating a civil lawsuit is especially complicated if the school district is a public school district. This is because you must first exhaust your administrative remedies prior to initiating your private lawsuit. Additionally, you must also navigate around the school’s governmental immunity.

As such, if you are having any issues related to you or your child involving a school district that you believe may warrant a lawsuit, it is in your best interests to consult an experienced Wyoming government lawyer.

An experienced governmental lawyer will be able to answer any questions and assist you in properly navigating the procedural process to get your legal issues resolved. This includes meeting any administrative filing deadlines. 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.