Suing a School Lawyers: Education Lawyers Near Me

A wide variety of people may sue a school system for a wide variety of reasons. Some possible reasons why a person, a group, a contractor, or a school employee might want to file a lawsuit against a school district or a responsible person employed by a school district. However, if a school is part of a public school system, suing the system may be more difficult because of the doctrine of sovereign immunity.

Below is a list of some of the reasons one might have for suing a school system:

• Discrimination: Federal law protects job applicants and employees against discrimination in employment. This includes discrimination that occurs in public schools. A person may be discriminated against based on their sex, race, national origin, and disability, to name only some of the bases for discrimination. For example, a prospective employee might sue for discrimination if they are not offered a job.
• Excessively Severe Punishment: Most school systems have policies on the type of punishment that may be used for students. Regardless, excessive punishment is not appropriate. Almost all states now prohibit corporal punishment of students. If a teacher or administrator were to inflict corporal punishment on a student, they might find themselves named as defendants by lawyers who sue school districts.
• Bullying: The school and its employees may fail to stop the bullying of a student in their system. Or staff members may bully another staff member.
• Failure to Supervise: The school district may face a charge of negligence when a student is injured while not being supervised appropriately.
• Sexual Misconduct: Sexual harassment is a form of gender discrimination. It includes sexual assault, molestation, or rape by a school district employee of a student or a fellow employee. The district may also be held liable for the harassment of one student by another or the harassment of one employee by another employee.
• Improper Expulsion: if a student was expelled improperly and has gone through all administrative remedies without getting relief, they may be able to sue the school.
• Violations of the Individual with Disabilities Education Act (IDEA): The federal IDEA imposes certain obligations on school districts and schools with regard to providing a free and appropriate education to students with disabilities. If a school or school system fails to comply with the requirements of the IDEA, they might well be sued by the parents of a student whose child has not received the services to which the IDEA entitles them.
• Violations of the Americans with Disabilities Act (ADA): The federal ADA requires employers to make reasonable accommodations for their employees who are disabled. School districts are obligated to follow the ADA as well. If a district were to fail to make reasonable accommodations for a disabled employee, they might be sued for violation of the ADA.
• Improper Discharge of a Teacher: A teacher or other school system employee may sue the school system if they believe they have been improperly fired from their job. There will be administrative remedies they will have to pursue within the system prior to filing suit in a court of law. Teachers may have different administrative remedies than other school system employees because they are members of a labor union, and a union contract regulates their employment.
  • Essentially, though, there will be a procedure in which the employee disputes their termination and appeals it until it reaches the final authority, which will likely be the Board of Education for the district.

What Are Some Circumstances Under Which School Districts May Be Sued?

While school systems may be sued, the circumstances under which this may be done are limited. In most cases, as we have already noted, a person may not proceed directly to filing a lawsuit against a school system in a court of law. Rather, in many situations, a person would have to take certain steps first. This may include going through the administrative remedies offered by a school or a school system.

For example, a school system may have a procedure in which a complaint must be submitted to an administrative office and then appealed through the administrative system until it reaches the final authority within the school system.

As noted above, per the legal doctrine of sovereign immunity, a person may not sue federal or state governmental bodies or agencies without their consent. Because this applies to public and state schools, a person may sue them in the following 2 situations:

• The applicable law makes an exception for the type of case a person wants to pursue against the school for the specific kind of harm they have experienced, or
• The school gives the person or entity permission to sue them.

Most states have specific exceptions to sovereign immunity rules that allow a person to sue a school under certain specified circumstances. Experienced lawyers for suing school districts in a person’s state would be familiar with the state’s sovereign immunity exceptions.

For example, a person might sue if their child was injured by a school bus or other vehicle driven by a school district employee. Or they might sue if a school district employee damages their personal or real property. Another basis for a lawsuit for negligence might arise if a person was injured by dangerous conditions on school property. A staff member who was the victim of sexual abuse by another school employee might sue a school district.

There are a number of federal laws that allow a person to sue a school district in certain circumstances, e.g., if the district has engaged in discrimination against protected classes. Public school systems, as well as some private schools, take funds from the federal government. Federal laws, including discrimination laws, therefore apply to their operations. Discrimination may be based on a number of protected classes or categories.

Below are the federal laws that would allow people to sue public school districts:

• Title VI of the Civil Rights Act of 1964: This law prohibits discrimination against people based on their race, color, or national origin and other protected characteristics.
• The Americans with Disabilities Act (ADA): This law prohibits discrimination against people who qualify as having a disability under the Act.
• Violations of the Individual with Disabilities Education Act (IDEA): The federal IDEA requires schools and school districts to provide a free and appropriate education to all students, including those students with disabilities. If a school or school system fails to provide the required services to these students, their parents may sue to obtain the services to which their child is entitled.
• Title IX of the Education Amendments of 1972: This federal law specifically prohibits discrimination based on gender. Some courts have interpreted this to include discrimination based on gender identity. Sexual harassment is also a type of discrimination based on gender.
• Religious Discrimination: Although this is not explicitly listed in the above-mentioned federal laws, students are free to practice their religion. Also, the religious discrimination a student experiences is likely to occur along with discrimination based on national origin, which is actionable.

Who in the School System Can Be Sued?

Individual employees within a school district may be sued. However, in all likelihood, the school district that employs them would be found vicariously liable for their employees who engaged in conduct that led to a lawsuit. The following are commonly named as defendants in a school lawsuit against a school:

• Principals and vice principals
• Teachers
• Coaches
• Counselors
• Other individual school employees, e.g., maintenance personnel.

There are likely to be several defendants in these types of cases. For example, when a teacher is guilty of discriminating against a student, it is then reasonable to consider whether their superiors had knowledge of the employee’s actions and failed to act as required, so they should also be liable.

Should I Contact an Attorney if I Want to Sue a School System?

If you believe your child has been the victim of violations by a school system, or if you are an employee of the system and believe you’ve been the victim of malfeasance, you may want to contact a local government law attorney. They can help you understand the steps you need to go through in order to find a remedy for your injury.

LegalMatch.com can connect you to lawyers near you for suing a school district and can tell you whether your cause of action is allowed by your state’s sovereign immunity exceptions.