How to Sue a School District in New Jersey?

A person would go about suing a school district in New Jersey only to the extent allowed by exceptions to sovereign immunity specified in the New Jersey Tort Claims Act (NJTCA). The doctrine of sovereign immunity disallows claims against governments and government agencies, including public school districts. There are exceptions, as explained below, so a person’s claim would have to fit within an exception.

The first step is to consult a lawyer about the situation that a person believes may give them cause to file a lawsuit. A good place to start would be consulting a local attorney in New Jersey. A local attorney would be able to analyze the facts of the person’s situation. They might be able to represent the person, or if not, they should be able to refer them to a lawyer who handles cases of the type the person has.

Once a person has legal representation, their lawyer would determine whether a lawsuit is possible under the New Jersey Tort Claims Act. The lawyer might contact the school district about the claim to seek a resolution. It might also be necessary to submit a claim to the district or even a state or federal agency before going to court.

Do I Need to Identify a Cause of Action to Sue a School District in New Jersey?

Before suing a school or a school district in New Jersey, a person needs to have a cause of action, which is a legal claim that courts recognize as entitling a person to a remedy of a type the law permits, e.g., the payment of money damages to compensate a victim for their losses. Some of the causes of action that a person might allege in a lawsuit against a school or school district include the following:

• Special Education: The Individual with Disabilities Education Act (IDEA) is a federal law that guarantees rights and protections to students in New Jersey who have learning disabilities. First, school districts are legally obligated to determine whether students have special educational needs because of learning disabilities. Then, they would evaluate the students. They must do this at no charge to parents.
  • If a student has a learning disability, a school district must provide the child with the education appropriate for them, given the nature of the disability. The appropriate educational opportunities must be offered in an environment that is the least restrictive possible.
  • A public school must provide special education and other services that address a child’s special needs, such as occupational or speech-language therapy. A school must draft an Individualized Education Program (IEP) for a child who has a disability. The goal of an IEP is to specify the services the student needs, establish educational objectives for the student, and state how the objectives are to be reached.
  • If a school fails to fulfill the obligations it has under the IDEA, a parent may have a cause of action on behalf of their child;
• Student’s Injury: If a student suffers an injury in a public school, their parents may have grounds for a claim against the school district. However, New Jersey’s Tort Claims Act limits the situations in which a public entity in New Jersey may have liability based on tort law for injuries caused by the acts of the entity. First, liability for injuries that result from the design or plan for the construction of improvements in public property is not allowed.
  • Secondly, public school districts may not be liable for injuries that result from the discretionary decisions or acts of public employees. There are qualifications for these types of immunity in New Jersey law. The issue is quite complex in New Jersey.
  • However, before suing a public school district in New Jersey, a person would need to have a local attorney in New Jersey analyze their case to see if it would be allowed under the state’s Tort Claims Act;
• Causes of Action Related to Student Discipline: New Jersey law expressly prohibits corporal punishment of students in public schools, but it does permit the application of “reasonable” force in some situations, such as the following:
  • To stop a disturbance in which students may be threatening physical injury to each other;
  • To take away weapons or other potentially dangerous objects that a student has in their control;
  • In self-defense;
  • In order to protect people or property, e.g., to stop a student from committing an act of vandalism.

If an employee of a New Jersey school district were to inflict physical contact on a student, it could lead to a complaint from the student’s parents. Whether the contact amounted to prohibited corporal punishment or was justified as “reasonable force” would be an issue in the case;

• Student Discipline: New Jersey has extensive state regulations regarding the use of discipline other than corporal punishment in New Jersey’s public schools. While suspension and expulsion may be used, the circumstances in which such measures are allowed are tightly regulated.
  • In addition, specific processes surrounding the use of these methods are provided by New Jersey law and must be followed. Parents have a right to be notified, and there are processes for challenging disciplinary measures.
  • If a parent is concerned about the kind of discipline that is applied to their child or the process used in applying it, they would want to contact a local New Jersey lawyer;
• Search and Seizure: New Jersey also has laws that specifically address a public schools’ authority to conduct searches and seizures of students, their lockers, their belongings, and their persons. For example, a school principal or other school official given the authority to do so by the local board of education may inspect lockers or other places where students store their things.
  • However, searches may only be conducted if students are told in writing at the beginning of each school year that inspections may take place.
  • Under no circumstances may a school staff member conduct a strip search or bodily cavity search of a student.
  • Local school districts are authorized to develop policies and procedures that address such issues as when law enforcement may be summoned to a school to conduct investigations, searches, seizures, and arrests. So, again, if a parent has a concern about searches and seizures of their child, the locker, or belongings at school, they would want to consult a local New Jersey attorney;
• Sexual Harassment and Sexual Assault: A student who is the victim of sexual harassment or sexual assault perpetrated either by an employee of the school district or another student would have a cause of action against the school district in which the harassment or assault takes place. Employees who have been harassed or assaulted may also have a cause of action against the district under federal anti-discrimination law;
• Employment Disputes: Local school districts are the employers of many people in a wide variety of roles. When employees receive poor performance reviews, are fired, or do not have their contracts renewed, they may have a cause for complaint. The federal Fair Labor Standards Act (FLSA) or the Family and Medical Leave Act (FMLA), as well as other state and federal laws, may provide a cause of action;
• Discrimination: Of course, employees may have a cause of action for discrimination on the basis of membership in a protected class if their school district employer engages in discriminatory actions that violate the federal Civil Rights Act. An employee who is denied reasonable accommodations for their disability status might sue for violation of the Americans with Disabilities Act (ADA). Students may have claims for discrimination as well, e.g., under Title IX of the Civil Rights Act.

Do I Have to File an Administrative Complaint Before I File a Lawsuit Against a School District?

Before a person files a lawsuit in a civil court, they would want to consult a local New Jersey attorney. The person may be required to submit a complaint to the school district or the state superintendent of schools in New Jersey before proceeding further. In addition, again, as noted above, an issue would be whether the complaint is allowed by the Tort Claims Act.

Lawyers generally try to negotiate the resolution of a claim a person may have before filing a lawsuit. In some cases, taking steps such as this is required by law, so a lawyer would also do this in the case of a person with a claim against a school district. Before filing a lawsuit against a school district, a lawyer would approach the district to learn about possible special procedures and whether a different type of resolution is possible.

In addition, for certain kinds of claims, a person may need to submit it to a New Jersey state or federal agency before filing a lawsuit. The agency would investigate and work to assist the parties in resolving the claim. Only if the resolution proved impossible would the agency then allow the person to proceed with a lawsuit.

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

Essentially, the process for suing a private school would be quite different from that for suing a public school, because private schools do not have sovereign immunity. However, many of the same federal laws that apply to public schools also apply to private schools, e.g., the IDEA. The New Jersey law of negligence also applies to a private school because it is not a public entity.

The IDEA requires public school districts to follow the same processes for identifying students with learning disabilities in private schools that they use in public schools. This goes for students who are schooled at home as well.

The parent or teacher of a private school or homeschooled student could believe that a student has a learning disability. In that case, they should ask the local school district to evaluate the student. This would be done at the cost of the local public school district.

If a child has a learning disability that qualifies them to receive special education services, the parent may send the child to their local public school. A local public school is more likely to offer complete special education services. However, a parent may choose to leave their child in a private school and get equitable services.

Public funds pay for equitable services, but the services may be more limited than those available in a public school. This would not always give the parent cause for complaint against the local school district because the parent may transfer their child to the public school where they would receive complete services.

Do I Need the Help of a Lawyer to Sue a School District?

If you have an issue with a public school district in New Jersey, you want to consult a New Jersey government lawyer. LegalMatch.com can put you in touch with a lawyer quickly and efficiently. Your lawyer will analyze the facts of your situation and tell you if you have grounds for a lawsuit or other form of complaint against the school district. Your lawyer can also say whether special procedures have to be followed and whether you should file a claim with a state or federal agency first.

If you are an employee of a New Jersey school district and are injured on the job, you want to consult a New Jersey workers’ compensation lawyer. And if you have a business contract with a school district, you want to consult a New Jersey contract lawyer. Whatever your need, you can connect to the lawyer of your choice through LegalMatch.com.