How to Sue a School District in Florida?

The process for suing a school district in Florida begins with determining whether the school or school district is a public or private school. This is an important step, as it prevents wasting valuable time and resources because there are different procedures to follow for suing a public school district versus suing a private school district.

An individual may have numerous different reasons why they would need to sue a school district. To be a valid claim, however, their lawsuit has to include specific legal issues, for example:

• Discrimination
• Sexual harassment
• Willful or intentional negligence

Not every type of claim can be brought against a school district. To find out more about how to sue a particular school or school district in Florida, an individual should consult with a local attorney in Florida for advice on filing a lawsuit against a school district and the procedures for suing a school district.

To Sue a School District, You Need to Identify Your “Cause of Action”

One of the most important steps to take when suing a school district is determining the cause of action. The cause of action is the grounds that justify bringing a lawsuit.

Examples of causes of action that can be used as the basis of many school district lawsuits include:

• Sexual harassment and misconduct: A claim that involves sexual harassment or misconduct may include verbal or physical acts that are sexual in nature;
  • Typically, these types of claims are between a teacher and a student;
  • However, it is possible for this type of cause of action to be used in a case involving faculty members, for example, a teacher suing a principal for sexual harassment;
• Child abuse: Sexual harassment claims may extend to causes of action for child abuse. This may occur when a school district knows that a student is being abused, sexually harassed, or bullied by a student or teacher and does not alert the authorities or take any steps to prevent the issue from continuing;
• Discrimination: A cause of action for discrimination can be used when a school district uses selective admission practices;
  • Selective admission practices means that a school is either denying or accepting students for entry or giving them preferential treatment based on a category that is protected by constitutional law and federal law, such as:
    • Gender;
    • Race;
    • National origin;
    • Religious beliefs;
    • Others;
• Employment: In some cases, a teacher or other faculty member may sue a school district for issues such as:
  • Wrongful termination;
  • Workers’ compensation;
  • Claims related to wage and hour issues;
• Disabilities and special education programs: School districts have to follow strict regulations concerning students with disabilities by establishing special education programs;
  • A student can file a lawsuit under the Individuals with Disabilities Education Act if these requirements are not met; and
• Various causes of action: There are other causes of action that focus on issues such as:
  • Improper expulsion of a student;
  • Failing to return a student’s personal property within a specified time frame;
  • Personal injury actions that involve school employees;
  • Other issues that may arise in relation to a school or a school district.

Negligence is another common cause of action used when suing a school district for negligence. These cases will focus on whether the student’s injury was foreseeable or not.

Who Can Be Sued in the School System?

In some cases, an individual employee within a school district may be sued. A school district may also be held vicariously liable for employees who were involved in the behavior that led to the lawsuit.

The following parties are commonly named as defendants in school lawsuits:

• Principals and vice principals;
• Teachers;
• Coaches;
• Counselors; and
• Individual school employees.

There may be more than one defendant in these types of cases. For example, a teacher may be accused of discriminating against a student. In this case, it may be reasonable to consider whether their superiors had any knowledge of the employee’s action and should also be held liable.

Important Step to Sue a School: File an Administrative Complaint Before You File a Lawsuit Against the School

Every school district has a certain process that plaintiffs are required to follow before they are allowed to file a lawsuit against the school or district in court. Usually, the individual is required to file an administrative complaint and exhaust all other available administrative remedies first.

Administrative complaints are submitted to government agencies in the state where the school district is located. In the majority of cases, this is the Department of Education. This type of complaint will provide:

• Which laws the plaintiff alleges were violated;
• A statement of facts;
• Additional documentation supporting the complaint; and
• The plaintiff’s recommendation for resolving the issue.

The agency will review the complaint and conduct an investigation of the claim. If a local agency handles the claim, the plaintiff may be able to request that the State Department of Education investigate the issue further.

Once a plaintiff exhausts every administrative remedy and they are allowed to file a lawsuit in court, they will have to send a letter notifying the school that they intend to file a lawsuit. It is important to note that a public school cannot be sued for simple negligence, it must be intentional or willful negligence.

Is the Process the Same for Suing a Private School District?

The process used for suing a private school district is not the same as for suing a public school district. This is because a public school is considered to be a government entity, whereas a private school is a business that is owned and operated by private individuals or corporate shareholders.

Private schools can be sued without first filing administrative complaints. This means that, in general, it is easier to file a lawsuit against a private school than to file a lawsuit against a public school.

Public schools are typically protected by the doctrine of sovereign immunity, which shields the government from certain types of lawsuits. In addition, a plaintiff typically has the option to sue a private school’s insurance company, which is not available when suing a public school.

The similarities between suing a public school and a private school begin once the plaintiff in the public school district lawsuit has exhausted all available administrative remedies and has gotten to the point of filing their claim in court.

What Kind of Lawyer Do I Need to Sue a School District?

If you believe you need to file a lawsuit against a school or school district, whether public or private, it is essential to consult with a Florida government lawyer. These types of lawsuits are based on the facts of each case and the laws of each jurisdiction where the school is located.

This means that the outcomes may vary and may be difficult to predict without the help of a lawyer. There are also strict legal procedures that you will need to follow before you can file a lawsuit.

Your lawyer can help ensure that you complete all of the proper administrative procedures so your case can proceed to a lawsuit if needed. Your lawyer can also tell you the best way to seek legal remedies based on your issue, as well as what you may be able to recover if your case is successful.

Your lawyer can help you draft and file all of the required legal documents for your claim and will represent you in court if you do file a lawsuit. LegalMatch is an excellent resource for finding lawyers to sue a school district.