Buzz
You might have come across news stories where parents take legal action against schools for incidents involving their children. The truth is, if your child attends a public school, there are limited circumstances where you can take legal action against the school. Even if you have grounds for legal action, there are usually several procedures you must go through first. It's advisable to consult with a lawyer promptly to ensure you follow the correct procedure and meet all deadlines. For cases involving administrative shortcomings by the school, consulting a civil rights attorney is likely necessary.
Steps
Completing Administrative Procedures
Reach out to the school board. Typically, you must attempt to resolve any issues with the school district before considering legal action. Visit the district's website and find contact information to lodge a complaint.
- Most school districts provide a designated number for parents or students to address school-related issues.
- Procedures may vary when dealing with private schools compared to public ones. Consult the school administration or review the school handbook for the appropriate procedure.
Initiate an administrative complaint. Typically, lodging a complaint with the school district precedes legal action against a school. Most districts offer downloadable complaint forms on their websites.
- Complete basic details including your name, the student's name, and the school's name and location.
- Provide a detailed account of the incident and your desired action from the district. For instance, if your child faced discrimination from a teacher, detail the incident and specify the action you expect. Include as much specific information as possible.
- Specify the action you believe the district should take. For example, if a teacher discriminated against your child, you may seek disciplinary action or termination. If your child was harmed by a bully, you might request the school cover medical expenses.
Compile evidence and documentation. Supporting evidence verifying your complaint's accuracy is essential. The more evidence you present, the stronger your case becomes in the eyes of the district.
- Statements from witnesses, including students or teachers present during the incident, can serve as evidence.
- If certain evidence is unavailable, explore methods to obtain it. For instance, if the incident occurred in view of a security camera, request footage analysis.
- Photographs or diagrams depicting the incident location within the school can bolster your case. For example, if your child was bullied, a school map marking bullying locations can be helpful.
- Document any damages incurred, such as photos of your child's injuries or medical bills resulting from the incident.
Participate in the investigation process. Upon receiving your complaint, the district will conduct an investigation. This may involve interviews with you, witnesses, or individuals who spoke to you or your child about the incident.
- Following the investigation's conclusion, the district will inform you of the actions taken. If unsatisfied with the district's response, you may consider legal action against the school and district.
Notifying Intent to Take Legal Action
Seek legal counsel. If you opt to sue a school, adhering to specific steps and deadlines is crucial, often with short time frames. Failure to comply may result in dismissal of your lawsuit, even with a valid complaint.
- Thorough research is necessary to understand the requirements, which may be complex and easy to overlook. While legal representation isn't mandatory, it can simplify the process. An experienced education or administrative law attorney possesses the necessary knowledge and can guide you through.
- An attorney can assess your case's viability and advise on potential success in court. If multiple attorneys advise against pursuing the lawsuit, reconsideration may be warranted.
Pinpoint your legal grounds. Your legal grounds represent the basis for suing the school. Legal action against a school is only viable if you can identify a school action that violates the law. This can be challenging for public schools due to governmental immunity, limiting the reasons for legal recourse.
- Government immunity doesn't preclude lawsuits against schools, but permissible reasons are severely restricted.
- For instance, if your child sustains injuries from a fall in the lunchroom, suing the school is typically not feasible. Schools are generally immune to claims of mere negligence. However, if your child suffers heat stroke due to being compelled to exercise outdoors on an excessively hot day, legal action may be possible.
- Typically, legal grounds stem from intentional acts by teachers or administrators. Lawsuits against schools commonly involve infringements upon a child's constitutional rights.
Obtain notice of intent forms. When contemplating legal action against a public school, issuing a notice of intent to sue to the school or district is typically required, with a mandated response period, often 30 days.
- Many school districts provide standardized notice of intent forms. Using these forms streamlines the process and ensures legal compliance with required notice content.
Compose a notice letter in the absence of a form. If a standardized form is unavailable, drafting a formal letter becomes necessary. This letter should precisely articulate your legal grounds and express your intent to pursue legal action against the school accordingly.
- Typically, you must also reference the specific law or policy allegedly violated by the school.
- In the absence of a standardized form, seeking legal assistance to draft the letter is advisable.
Dispatch your letter to the school. Send your letter via U.S. certified mail with return receipt requested. This ensures acknowledgment of receipt, crucial for legal documentation. Retain the received postcard for court verification of notice issuance.
- Lack of proof may result in automatic dismissal of your lawsuit. Safeguard the postcard upon receipt for future reference.
Initiating a Legal Action
Select the appropriate court venue. Your lawsuit must be filed in a court with authority over the school and the incident. Typically, this court will be located in the same city or county as the school.
- You must also decide between state or federal court. In most cases, state court is chosen. However, if your case involves federal law or constitutional rights violations, you have the option to file in federal court.
- If you're uncertain about jurisdictional matters, consulting with an attorney is advisable. Although court clerks may provide assistance, they are not authorized to offer legal advice and may have limited ability to assist.
Verify availability of complaint forms from the court. Many courts offer pre-prepared forms for individuals representing themselves without an attorney. If you opt not to engage legal representation, check the court's website for available forms.
- You may also inquire about forms at the courthouse by speaking with personnel in the clerk's office.
- If forms are unavailable, review sample complaints from prior cases to ensure proper formatting and inclusion of requisite documents and information.
Retain legal counsel. While not mandatory, hiring an attorney can streamline the legal process and mitigate complications. Attorneys possess the expertise to navigate procedural intricacies, reducing the risk of procedural errors leading to case dismissal.
- Seek representation from an attorney experienced in litigating against schools and school districts, ideally with relevant case experience.
- Conduct interviews with multiple attorneys, probing their experience and methodologies.
Draft your complaint and summons documents. The complaint formally initiates your lawsuit, detailing the factual basis of your case and alleging legal violations, while the summons notifies the school (or its representative) of the obligation to respond in court.
- The complaint outlines case facts and asserts their collective violation of the law, accompanied by requested relief.
- You'll articulate desired court actions, such as financial compensation or specific school mandates. For instance, if your child was expelled from the soccer team due to racial bias, you might seek reinstatement via court order.
Submit your complaint to the court clerk. Lodge your complaint with the court to commence legal proceedings. Present the original documents along with copies, and expect to pay a filing fee, typically several hundred dollars.
- If unable to afford the fee, inquire about fee waivers from the clerk's office.
- Upon filing, the clerk will stamp and retain the originals while returning stamped copies to you. One copy serves as your record, while the other must be served to the school via formal service of process, often involving payment to a sheriff for document delivery.
Review the school's response. Once the school receives your complaint, they must respond within a specific timeframe to avoid default judgment against them. However, it's unlikely that they will fail to respond.
- In most instances, the school will submit a written response refuting the allegations in your complaint. They may also file a motion seeking dismissal.
- Schools typically have legal representation, so if you haven't retained an attorney yet, now would be an opportune time to do so. Representing yourself may jeopardize your case's viability against a motion to dismiss.
- Alternatively, the school district may opt to settle the lawsuit instead of contesting it. Evaluate any settlement offers carefully, and consider seeking legal advice on whether to accept.
