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Advertisement cookies are used to provide visitors with relevant ads and marketing campaigns. These cookies track visitors across websites and collect information to provide customized ads. Other uncategorized cookies are those that are being analyzed and have not been classified into a category as yet. In this article, you will discover both how to sue a school as well as a few reasons you should.
In this article:. How to Sue a School. File an Administrative Complaint. File a Lawsuit. Sexual Harassment. Child Abuse. Personal Injuries. Employment Violations. Unfair Expulsion or Suspension. Special Education. Stolen Property. One major cause of action that arises in numerous school district lawsuits is a claim for negligence. For example, if a school knew that a particular student was constantly being harassed or bullied by another student and the school did nothing to stop it from happening, then the school can be held liable for any injuries the student receives in connection to the situation.
Each school district has a special process that a plaintiff will be required to adhere to before they can file a lawsuit against the district or a particular school in court. Although these procedures can vary widely from school district to school district, the general process often requires filing an administrative complaint and exhausting all other administrative remedies first.
An administrative complaint is a document that gets submitted to a government agency in the state where the school district is located.
They may also request further evidence from the plaintiff during the investigation period. It usually takes around 60 days to complete the entire investigation.
Once all administrative remedies have been exhausted and the plaintiff is permitted to file a lawsuit in court, they must send a letter that notifies the school of their intent to sue. Remember, public schools cannot be sued for simple negligence.
They must be sued for willful or intentional negligence and the claim must be for something that is in fact illegal e. The process for suing a private school district is not the same as the one for suing a public school district. Thus, a private school can be sued without having to file an administrative complaint. In general, this also means that it is usually much easier to file a lawsuit against a private school district than it is to sue a public school district.
A public school will normally be protected by the doctrine of sovereign immunity, while a private school will not. Briefly, sovereign immunity shields the government from certain types of lawsuits. So, if a public school is recognized as a government entity, then this means it enjoys the privileges provided by this doctrine. Another difference between suing a private school district versus suing a public one is that filing a claim against a private school district only requires following the standard steps of a regular lawsuit.
In contrast, bringing a lawsuit against a public school district necessitates complying with very strict legal procedures that can vary widely by state. As for similarities between the two processes, once a plaintiff in a public school district lawsuit has exhausted all administrative remedies and has reached the point of filing a claim in court, the remaining portion of the case should proceed much like a lawsuit against a private school district i.
Additionally, both types of school districts can be sued for many of the same causes of action and both still owe the same duty of care to its students. In sum, there are several reasons as to why suing a school district is no easy feat.
Depending on the state, this means that a plaintiff must identify and notify the responsible agency the he or she is going to sue and the details of the suit within six months of the accident, for example. Any later, and no lawsuit will be allowed. Sovereign immunity rules may allow a lawsuit for premises liability, but typically only if the hazard was the result of very negligent actions or if the school district carries applicable insurance.
Some states may have sovereign immunity rules that prevent premises liability cases against schools entirely. Perhaps the most frequent negligence claim against a school is negligent supervision , i. Negligence claims are typically not treated differently than premises liability claims under sovereign immunity rules.
In other words, unless there is insurance or someone was very negligent in failing to supervise properly, or committed some other very negligent act, suing for damages will probably not be an option. If it appears that the school will be protected from a lawsuit by sovereign immunity, no settlement will be offered. However, sovereign immunity rules can be complex, so neither side may be entirely confident how a court might rule on the immunity issue.
If the facts of the case make the application of immunity rules likely but unclear, a school might be willing to settle for a reduced amount to avoid the risk of liability. If the school does have applicable insurance, a settlement is far more likely, as long as the case isn't frivolous. Most districts have a standard claim form you can use — click here for a link to the form for Los Angeles Unified School District. If the district rejects your claim or fails to offer a sufficient amount of compensation to settle the complaint, you and your lawyer may then decide to proceed with legal action.
Once you have filed an actual lawsuit, you may be able to negotiate a higher settlement amount out of court via mediation, or you may need to take your case to trial in order to collect compensatory damages.
Understand that suing a school district may take several years from the date of an incident to a final resolution in court. The time frame may be shorter if the school or district offers a reasonable settlement amount to resolve the issue swiftly and keep the case out of court.
Note that in California, you must file an official complaint with the school within six months of when you discovered — or should have discovered — that some type of personal injury, wrongful death, or property damage occurred. After you file your claim, the school district has 45 days to respond. If your claim is accepted, the district may compensate you accordingly, but most claims are rejected or unanswered. After the school district rejects your claim, you have six months to file a lawsuit, or two years if your claim was never addressed.
How much it will cost to sue a school district is largely dependent on the quality and experience of counsel, as well as the way that fees are structured and how long it takes to resolve your case. Unfortunately, most education lawyers do not work on a contingency fee, where they only get paid if you win your case. There are some exceptions, but generally speaking, you will need to pay your lawyer upfront and throughout four hours billed pursuing your case.
It is also worth noting that many states have upper limits on the amount of damages that can be awarded to a plaintiff even if they win their case against a school, so make sure to discuss this with your lawyer when weighing the costs and benefits of taking legal action. In an ideal scenario, the costs of lengthy litigation can be avoided by reaching a settlement agreement out of court, through negotiation. A well-written demand letter describing the offense in detail, the documented evidence of its occurrence, and the compensation due as a result is sometimes enough to convince a school district to pay out damages rather than proceed to trial.
Suing a school district is a civil action, so while individuals may be prosecuted for criminal offenses — such as a teacher engaging in sexual conduct with a minor — suing the school district itself will result in monetary compensation should you prevail.
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