Most school districts have a specific number for parents or students to call if they have a problem with their school. Depending on the nature of the issue, procedures may differ if you are dealing with a private school as opposed to a public school. Talk to the administration at the school or read the school handbook to determine the procedure.
Fill out basic information, including your name, the name of the student, and the name and location of the school. Provide a description of what happened, and what you want the school district to do about it. For example, if a teacher discriminated against your child, you would describe what the teacher did and why you felt it was discriminatory. Include as many specific details as possible. State what you believe the school district should do about the situation. For example, if a teacher discriminated against your child, you may want the teacher to be disciplined or fired. If your child was injured by a bully, you might want the school to pay for your child’s medical bills.
If any other students or teachers witnessed the incident, statements from them can be used as evidence. You may not have some types of evidence, but know how to get them. For example, if the incident occurred in view of a security camera, you can ask that the footage be taken from the camera and analyzed. Photos or diagrams of the part of the school where the incident took place also can be used as evidence. For example, if your child was the victim of a bully, you might use a map of the school to mark where the encounters with the bully happened. You’ll also need documentation of any damages you’ve suffered. Include photos of injuries your child suffered, or any medical bills you incurred as a result.
At the conclusion of the investigation, the district will let you know what they’ve decided to do as a result of the incident. If you’re not satisfied with the actions taken by the district, you may have the ability to sue the school and the school district at that point.
Finding out exactly what you need to do will require a lot of research, and you may overlook something. While you don’t necessarily need an attorney, working with one can save you a lot of hassle. An experienced education or administrative law attorney will already know all of this information and be able to help you navigate the system. An experienced attorney can also analyze your case and give you their thoughts on whether you have a chance of winning in court. If you talk to several attorneys and they all say you’re unlikely to win, you may want to reconsider your lawsuit.
Government immunity doesn’t mean you can’t sue the school, but the reasons you can sue are extremely limited. For example, if your child falls down and gets injured in the lunchroom, you typically can’t sue the school. Schools can’t be sued for simple negligence. However, if your child suffered heat stroke because they were forced to run outside on an excessively hot day, you may be able to sue. Generally, your cause of action will be based on some intentional act on the part of teachers or administrators. Most often, lawsuits against a school are related to the violation of a child’s constitutional rights.
Many school districts have a form you can use for your notice of intent to sue. Using the form can save you some trouble and also ensure that you have all the information that is legally required to be in the notice.
Typically, you also must cite the law or policy that you believe the school has violated. If you can’t find a form, it may be in your best interest to get an attorney to draft the letter for you.
Without this proof, your lawsuit may be automatically dismissed. When you get the card, put it in a safe place.
You also must choose between state or federal court. In most cases, you’ll file your lawsuit in state court. However, if your lawsuit is based on federal law or on a violation of constitutional rights, you also have the option to file in federal court. If you have questions about jurisdiction, you may want to talk to an attorney. Someone in the court clerk’s office also may be able to help you, but they can’t give you any legal advice and may be limited in what they can tell you.
You may also be able to find forms by going to the courthouse and talking to someone in the clerk’s office. If you can’t find forms, look for example complaints filed in other cases that you can use as a guide. That way you can make sure your complaint is formatted correctly and that you have all the necessary documents and information.
Look for an attorney that has experience suing schools and school districts. Ideally, you want someone who has experience filing cases similar to yours. Interview several attorneys and ask them lots of questions about their experience and methods.
A complaint is a formal document that lists the facts of your case (what happened). It also states that these facts add up to a violation of the law, and that you are entitled to some form of relief as a result. You’ll explain what you want the court to do. You could be asking to be compensated monetarily, or you could want the court to order the school to act in a particular way. For example, if your child was kicked off the soccer team and you believe it was due to racial discrimination, you may want the court to order the school to allow your child to play on the soccer team.
If you can’t afford the filing fee, you may be eligible for a waiver. Ask the clerk for details. Once you file the complaint, the clerk will stamp the originals and keep them for the court. They’ll also stamp the copies and return those to you. One of the copies is for your records. The other copy you will have to send to the school using a particular method called service of process. Typically, this means paying a small fee to a sheriff to deliver the documents.
In most cases, the school will submit a written answer denying most, if not all, of the allegations in your complaint. They may also file a motion to dismiss. The school and the school district will always have a team of attorneys. For this reason, if you haven’t hired a lawyer yet, now is a good time to do so. If you represent yourself, your case may not survive a motion to dismiss. On the other hand, the school district may decide not to fight your lawsuit and offer a settlement instead. Consider the settlement carefully. You may want to get an attorney’s advice on whether you should accept it.
