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How Do You Sue a School District?

By Aditi Mukherji, JD | Updated by Melissa Bender, Esq. | Last updated on

A school has a duty of care towards its students and staff. Still, incidents happen at schools every day. Whether it is a personal injury to a student or staff member or discrimination against someone for their race or ethnicity, the affected person may have a claim for legal action against the school district.

Because most schools are public and therefore government entities, the mechanics of a legal action can be more complicated. Here are some things you need to understand before considering a lawsuit against your child’s school.

What is the Basis for a Suit (Causes of Action)?

A number of different situations can serve as a basis for a legal claim against a school district. Although most types of lawsuits will be filed under state law, some, such as civil rights suits, may be required to be filed in federal court. Some possible claims include:

  • Discrimination in either admissions to a private school or hiring practices against a student or school employee on the basis of race, national origin, sex, age, or disability, among other "protected" categories. These lawsuits may involve violations of federal laws including the Individuals with Disabilities Education Act and Title IX of the Education Amendments of 1972.
  • Injury caused to a student or school employee on school grounds during school activities such as a sporting event or school dance or off campus on a school-sponsored field trip. This includes the school's failure to prevent bullying or acts of violence between students or a student and school employee.
  • Improper expulsion of a student.
  • Excessive punishment of a student. This may include excessive restraint or isolation of a special education student or failing to follow through with the requirements of an Individualized Education Plan (IEP)
  • Improper employment practices against a school employee including improper discharge or sexual harassment.
  • Sexual misconduct or sexual abuse committed by someone associated with the school.
  • Inadequate or negligent supervision of a student on school property, on a school bus, or on a field trip.

Private Versus Public School Could Make a Difference

Your ability to file a lawsuit may be determined by whether the school is private or part of a public school district. Public school districts are government entities and consequently may have administrative procedures that need to be followed prior to the filing of a lawsuit in court. There could also be administrative remedies to pursue first instead of legal ones. Some districts may also require that a notice of claim be sent before anything legal is filed. Private schools typically do not have the same requirements.

You should make sure you sue the right party as you may need to sue the school board of the school district or the principal of the school versus an individual school itself.

You also need to be aware of the statute of limitations for your claim because if you don’t file within the required time period you case will be dismissed. Injury lawsuits or tort claims are typically state law cases and have statutes of limitations of a few years. You should speak to an experienced attorney for legal advice regarding your potential case.

What Remedies are You Looking For?

The remedies available for your lawsuit against a school depend on what type of lawsuit you ultimately file. A personal injury case could lead to financial compensation while a civil rights lawsuit could lead to changes in the way a school operates or the firing of staff members.

No matter what type of case you want to file you should speak to an experienced attorney for legal advice and a plan of how to move forward.

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