How to Sue a School District in North Carolina?

A person would go about filing a lawsuit against a school district in North Carolina in much the same way they would sue any other person or entity. However, before suing a school district, a person would want to take some preliminary steps.

The first one would be to talk to a lawyer about the situation that has made a person think about filing a lawsuit. It would be good to start with a local attorney in North Carolina. A local attorney would be able to represent a person or refer them to a lawyer who handles cases of the type the person has.

Once a person has legal representation, their lawyer would contact the district about the claim and seek a resolution. It might also be necessary to file a claim with a federal or state agency before going to court.

To Sue a School District, Do I Need a Cause of Action

Before suing a school or a school district, a person needs to identify their cause of action. A cause of action is a legal claim that courts recognize as entitling a person to a remedy of a kind the law allows. Some of the causes of action that a person might allege in a lawsuit against a school or school district are as follows:

• Premises Liability: This is a type of negligence. If a person slips and falls or trips and falls in a school building or on school property, they could seek compensatory damages in a lawsuit for premises liability;
• Student’s Injury: If a student is injured at school, their parents may have grounds for a claim against the school district. Districts may be liable in a number of situations, e.g., if the injury was inflicted by another student because the school failed to provide adequate supervision of students. Or if the injury resulted from hazards on the premises or hazards created by equipment, the school might be liable.
  • Schools owe a duty to supervise students and to keep schools and playgrounds safe. If they do not, they may be liable for negligence;
• Use of School Facilities and Property by the General Public: North Carolina law authorizes school districts and schools to allow non-school groups to use school facilities. The law provides that no board of education or board member may NOT be liable for personal injury to members of the public who use school facilities. So, a person who does not have any role in a school may use school facilities if it is allowed by a district, and if they are injured on the school property, they may be barred from suing the district.
  • However, disputes may arise even if the law excuses a district from liability for personal injury to a member of the public;
• Negligent Supervision of Students and/or Teachers: As noted above, if a student is injured on a playground, in a classroom, or because they are bullied on school property, a parent might sue on the student’s behalf for negligence.
  • The parent would allege that the teacher was negligent in supervising the students or that the school administration did not have an effective supervision plan in place;
• Negligent Hiring or Retention: If an employee is hired negligently or retained negligent, e.g., despite having a criminal record for child abuse, a person whose child is injured by the child would have a claim for negligent hiring or retention;
• Defamation: If a supervisor makes defamatory statements within the district that lead to a person losing their employment or failing to qualify for promotion, the person may be able to sue the supervisor for defamation. If a co-worker acts in such a way as to create a hostile work environment that drives the person to resign, the person may have grounds for a wrongful termination lawsuit;
• Causes of Action Related to Student Discipline: North Carolina law allows local school districts to decide to allow corporal punishment in their schools. If a student has received corporal punishment, they would want to consult the policy of their local district to determine whether local policy allows it.

Even if a local district prohibits corporal punishment, school employees may use physical restraint as allowed by federal law and reasonable force as allowed by North Carolina law.

School districts in North Carolina must incorporate the following policies if they allow corporal punishment:

• Corporal punishment must not be administered in a classroom where other students are present;
• Only a principal, assistant principal, or teacher has legal permission to inflict corporal punishment, and they must do so in the presence of a second person;
• The person who administers the corporal punishment must have been told beforehand and in the presence of the student of the reason for the punishment;
• A school employee must give the student’s parent notification that corporal punishment has been administered, and the person who administered the corporal punishment must give the student’s parent a written explanation of the reasons for the punishment as well as the name of the second person who was present;
• The school must keep a record of each incidence involving the administration of corporal punishment, including the reason for it;
• Corporal punishment should not involve excessive force, which is defined as force that leads to injury to the child requiring medical intervention beyond simple first aid;
• A parent or guardian may tell a district in writing that corporal punishment is not to be used on their child;
• A school district that allows corporal punishment must give parents a form to inform the district of whether their child may receive corporal punishment. This should be done at the beginning of the school year. The form must inform the parent that the student may be suspended or punished in other ways if corporal punishment is not allowed. If the parent does not submit the form, corporal punishment is allowed;

Districts must make a yearly report to the State Board of Education of the number of times that corporal punishment was administered. The report must comply with federal law and should include a report of the number of students who received corporal punishment who were students with disabilities and were eligible to receive special education per IDEA.

Districts must also report the race, gender, and ethnicity of the students who received corporal punishment.

Clearly, a school district could find itself named as a defendant in a lawsuit for a variety of reasons if it allows corporal punishment. For example, if it administers corporal punishment disproportionately to students of a certain race or gender or to students with IEPs, they may find they have a significant legal problem;

• False Imprisonment: Another move on the part of school administrators and teachers that may lead to lawsuits is enclosing a child alone in a small space without the means to leave. This may lead to a lawsuit for false imprisonment, something a district and its employees most definitely want to avoid;
• Search and Seizure: Students have limited rights to privacy, but searches and seizure of their personal belongings by school administrators or teachers could conceivably give a parent a cause of action;
• Real Estate and Property Disputes: School districts own and manage large amounts of real property. As with any property owner, they could be sued for causing damage to neighboring owners. They would be subject to suit by contractors who are hired to do repairs or renovations to their properties and more;
• Breach of Contract: A wide variety of people may have contracts with a school district, notably its employees. However, other people and entities have contracts as well. Companies that supply food and other products to school lunchrooms, copy machine service providers, suppliers of cleaning supplies and equipment, all these businesses may have contracts with a school district.
  • If the district does not perform as promised in the contract, the business would think about a lawsuit against the district;
• Special Education: The Individuals with Disabilities Education Act (IDEA) guarantees rights and protections to students who have an educational disability. First, school districts must identify students who may have disabilities and then assess them. They must do this at no cost to the parents.
  • Then, they must provide the child with an education that is appropriate for them. They must do this in an environment that is the least restrictive possible.
  • Schools must offer special education and needed services that a child may require, such as speech-language therapy, given their unique needs. A school must create an Individualized Education Program (IEP) for a child who has a disability. It would identify the student’s needs, set educational goals for the student, and specify how the goals are going to be met.
  • If a school fails to fulfill its duties under the IDEA, a parent may have a cause of action;
• 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;
• Open Meetings/Open Documents: Parents and other members of the public may sue a local school district because they do not hold open meetings when required to do so by law or because they do not make certain records available for public review when it is required to do so by law;
• Employment Disputes: Of course, school districts employ many people in a wide variety of roles. When employees are given poor reviews, dismissed, or do not have their contracts renewed, they may have a cause of action. Claims may involve the federal Fair Labor Standards Act (FLSA) or the Family and Medical Leave Act (FMLA), as well as other state and federal laws;
• 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. Or 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.

Other causes of action are possible as well. For example, the teachers in a school district may belong to a union and actions by the district may violate a collective bargaining agreement.

Is It Important to File an Administrative Complaint Before I File a Lawsuit Against a School?

Before a person files a lawsuit in a civil court of general jurisdiction, they need to approach the school district. A person and their lawyer would first want to determine if the law requires them to submit a claim to the local school district or the state superintendent of schools in North Carolina.

It is standard practice for lawyers to work to resolve a claim that a person may have through negotiation before filing a lawsuit. A lawyer would do this in the case of a person who has a claim against a school district. Before filing a lawsuit against a school district, a lawyer would seek to negotiate a resolution of a person’s claim.

In addition, for certain kinds of claims, a person may need to file a claim with a state or federal agency before they file a lawsuit. The agency will investigate and try to resolve the claim without a lawsuit. If that is not possible, the agency would then allow the person to proceed with a lawsuit.

Is the Process the Same for Suing a Private School?

Essentially, the process for suing a private school is the same as that for suing a public school. Private schools are subject to most of the same state and federal laws as are public schools, e.g., the IDEA.

The IDEA requires public school districts to look for and assess private school students who may have learning disabilities. This applies to private school students as well as public school students. It also applies to students who are homeschooled.

The parent or teacher of a private school or homeschooled student suspects that the student might have a learning disability. In that case, they may ask the local school district to evaluate the student. This would be done at the cost of the local school district.

If a child is found to qualify for special education services, the parent may send the child to their local public schools, which are more likely to offer complete special education services. A parent may opt to have their child remain in a private school and get equitable services.

Public funds pay for equitable services, but the services tend to be limited. So, students in private schools may receive fewer free services in a private school than they would receive in a public school. This would not necessarily give the parent a cause of action against the local school district. For one thing, the parent would have the option of sending the school to the public school where they would receive complete services.

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

If you have a dispute with a school district in North Carolina, you want to consult a North Carolina government lawyer. LegalMatch.com can connect you to a lawyer quickly. Your lawyer will analyze the facts of your case and tell you if you have grounds for a lawsuit. Your lawyer will identify the procedures you need to follow and whether you should file a claim with a state or federal agency first.