If an individual is considering filing a lawsuit against a school district in the State of Mississippi, it is important to consult with a local attorney in Mississippi. Lawyers to sue a school district in Mississippi can help students and residents follow the required steps for suing a public school or for suing a private school.
It is essential to determine whether the school an individual intends to sue is a public school or a private school, as the procedures for filing claims against different types of schools vary based on their classification. Additionally, if the individual does not take the proper required steps, their lawsuit will be dismissed in court.
There are many reasons why an individual may desire to sue a school. However, there are only specific causes of action, listed below, that an individual can use as a basis for suing a school district in Mississippi.
There are also deadlines for filing civil lawsuits, called the statute of limitations. This means that it is important to seek legal counsel as soon as possible to ensure the claim is filed in a timely manner.
To Sue a School District, You Need to Identify Your “Cause of Action”
The individual who will be suing a school district, called the plaintiff, must figure out their cause of action. Examples of causes of action that an individual may be able to use as the basis of their lawsuit include, but are not limited to:
- A disability and special education program: The Individuals with Disabilities Education Act requires that all schools follow regulations for students who have a disability, which includes the establishment of special education programs;
- Discrimination: Discrimination arises when the school or school district has selective admission practices, for example, accepting or denying a student based on a federally protected characteristic, such as:
- Gender;
- Race;
- National origin;
- Others;
- Other causes of action: There are other causes of action that can also be used against a school district, for example:
- A personal injury action involving a school employee;
- Improper expulsion of a student;
- Other issues that may arise.
Negligence is also another common cause of action for lawsuits against school districts. In these types of lawsuits, the issue to be determined is whether or not the student’s injury was a foreseeable injury.
All types of schools owe students and parents a duty of reasonable care to prevent student injuries, which includes:
- Providing supervision of students during times when they are in groups, as these are times when foreseeable injuries are likely to take place;
- Providing supervision of students during lunch and recess;
- Properly maintain the buildings on the school grounds, which includes performing repairs to structures that the school is aware need to be completed;
- Ensuring that the school’s students are provided with clean and safe educational facilities, including classrooms; and
- Having competent and qualified employees of all types who properly supervise and educate the students.
This duty to supervise does not apply to all injuries, only foreseeable ones. This means that if a student suffered an injury that they would not have reasonably been expected to suffer during a certain activity, it is not likely that the school will be held liable.
A school district may also be held liable for the actions or conduct of its employees pursuant to vicarious liability laws, including the following employees:
- Principals
- Vice principals
- Teachers
- Coaches
- Guidance counselors
- School bus drivers
How Do I Report a School in Mississippi?
In order to report a school in the State of Mississippi, they should contact the Mississippi Department of Education. Their website includes a web-based accreditation complaint portal where complaints can be submitted.
Important Step to Sue a School: File an Administrative Complaint Before You File a Lawsuit Against the School
All schools may have different requirements an individual has to complete before they can file a lawsuit. Usually, this includes the filing of an administrative complaint with the local department of education.
There may also be other administrative processes an individual has to go through with the school. The deadlines for these processes can vary by location, so an individual should make sure to find out what those are as soon as possible after an incident.
Once a complaint is filed with an agency, that agency will investigate the claims. It is important to consult with a local Mississippi lawyer to determine the required steps and deadlines to avoid having the lawsuit dismissed in court.
Is the Process the Same for Suing a Private School District?
Filing lawsuits against private school districts and public school districts follow different steps. Private schools, for example, can typically be sued without completing other administrative processes first, as they are usually privately owned businesses.
In contrast, public schools are usually government entities that are shielded from certain types of lawsuits by the doctrine of sovereign immunity. Once the plaintiff reaches the point of filing a lawsuit in court, cases against both types of schools will follow the same procedures.
What if There Has Been a Violation Involving Student Discipline?
Student discipline is typically handled in one of the following ways:
- The student being prohibited from participating in a school-sanctioned activity, such as sports;
- Detention;
- In-school suspension;
- Out-of-school suspension; and
- Expulsion.
If a student has been subjected to improper or unfair discipline, they can file a complaint against the school. In certain situations, the disciplinary action can be reversed or vacated.
What Are the Costs of Suing a School District in Mississippi?
The cost of suing a school district in Mississippi will vary by case depending on numerous factors, such as:
- The lawyer’s usual practice areas;
- Fees for filing claims in Mississippi courts;
- The issues of the case and their complexity;
- Costs of taking depositions;
- Costs of document copying and production;
- Fees for hiring expert witnesses;
- Fees for process service;
- Travel expenses for involved parties;
- The lawyer’s experience and reputation in the area; and
- Other costs that will be associated with preparing and presenting the case.
The lawyer’s fees will be one of the most influential factors. Hourly fees can range all the way from $150 per hour to over $800 per hour, depending on the factors listed above.
When an individual hires their attorney, they should ask about the fees and exactly what they include.
What Kind of Lawyer Do I Need to Sue a School District?
If you are having any type of issue with or have a question about a Mississippi school district, it is important to consult with a Mississippi government lawyer. Your lawyer will advise you regarding the type of school your student attends and what you will be required to do to file a lawsuit against the school.
Additionally, your lawyer will assist you with any required administrative processes. If you cannot reach an acceptable resolution with the school using these processes, your attorney will file your lawsuit, represent you in court, and ensure your rights are protected until your case is resolved.
An excellent resource for finding lawyers in Mississippi who can help you with your issue is LegalMatch. Simply submit your question or issue on the website, and you will receive replies from member attorneys in your area who can help with your case.
