There are many valid reasons why a student may want to sue a school or teacher. Here’s how to sue a school, teacher, or school district.
Once exhausting resolutions with the school board, the next step in suing a school is to file an administrative complaint, gather appropriate documentation and information, participate in an investigation, and consult an attorney. After this, your attorney will ask you to identify a cause of action, fill out intent forms, and send the form to the school.
Confront The School Board
Schools typically want to resolve issues before a lawsuit is filed. School districts usually have specific numbers for complaints. It is important to note that the process of suing a school may differ based on if the school is public or private. For a private school, make sure to read the school’s handbook to determine the next steps.
File an Administrative Complaint with the School
It is important to file a claim with the school district before suing the school. School districts will have specific documentation on their website. The complaint will require general information such as the parent’s name, student’s name, school’s name, and school’s location. You will need to provide a description of what occurred and a resolution that you believe is appropriate.
Gather Appropriate Documents and Information
You must gather information and documents as evidence of your complaint. Examples of appropriate documents and information include:
- Student or teacher witness statements
- Security footage
- Photos
- Diagrams of where the incident occurred
- Documentation of damages to the student
- Documentation of damages from the incident. If you are not happy with the result, you still may be able to sue the district.
Consult An Attorney
Consult an attorney from Her Lawyer to help you decide if you want to sue the district. There are strict guidelines that must be followed, and any deviation from guidelines can lead the claim to be dismissed. While consulting an attorney is not mandatory, it can help you determine if you have a winning case.
Identify Why You Are Suing The School: Your Cause of Action
You are only able to sue the school if they did something that is against the law. Public schools cannot be sued for simple negligence.
Fill out Intent Forms/Letter
To sue a school, you must first send an intent to sue. However, this form may not always be available. If the form is not available, draft a notice letter of intent. This letter should take a formal tone and include the cause of action and the law violated. An attorney may be able to draft this letter for you.
Send the Intent Form/Letter to the School
When sending the letter, please make sure to send it through U.S certified mail and request a return receipt. This receipt can be used to prove that you sent the school a letter with your intent to sue.
File Your Complaint With The Correct Court
When filing a complaint, it is essential to file it in a court with jurisdiction over where the school is located. This is typically the city or county where the school is located.
Follow Up With The Court
Courts have fill-in-forms that are available to individuals who are not being assisted by an attorney. These forms can be found on the court’s website.
Create A Draft Of Your Complaint and Summons
This complaint legally starts the lawsuit. This will summon the school, requiring them to appear in court. This document will list facts of the case, violations, and entitlement to some form of relief.
File Your Complaint With The Courthouse Clerk
Filing the complaint starts the lawsuit. Make sure to bring two additional copies. You will have to pay a filing fee of several hundred dollars. If you are unable to afford this fee, you may be eligible for a fee waiver. Please consult the clerk for further details. The clerk will then stamp your copies and return them to you. The clerk will keep the original complaint with the court. One of the stamped copies will need to be sent to the school through the service of process. A small fee may be paid to a sheriff to deliver the documents.
Wait for The School to Respond
The school has a limited time to respond. If they do not respond and file a motion to dismiss, it is highly recommended to hire an attorney. However, if the school chooses not to fight the lawsuit, you may be entitled to a settlement.
FAQs about How to Sue a School
For What Reasons Can You Sue A School?
You can sue a school for discrimination, excessive and severe punishment, bullying, failure to supervise, sexual misconduct, improper expulsion, and educational malpractice. Some Laws protecting students against discrimination are Title VI of the Civil Rights Act of 1964, The Americans with Disabilities Act (ADA), and Title IX of the Education Amendments of 1972.
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Can You Sue A School For Emotional Distress?
You may be able to sue if your child has suffered emotional or psychological trauma. You may be able to seek damages if the emotional distress is intentional or negligent.
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Can You Sue A School For Negligence?
You can’t generally sue a school for negligence. However, you can sue the school if a teacher or faculty member intentionally acts to harm the student. You can additionally bring the claim against an individual teacher by filing a criminal complaint.
Contact Her Lawyer
If you or a loved one is seeking to sue a school, school district, or teacher, contact us. We’ll get you in touch with the most qualified attorney for your unique legal matter. Get your free consultation with one of our experienced attorneys in California today!