How to Sue a School District in Texas?

The process for filing a lawsuit against a school district may vary from district to district. Generally, the first step is for an individual to determine if they are suing a public or private school or district.

An individual has to determine the school’s status at the beginning of the lawsuit process because there are different procedures for suing a public school versus suing a private school. There are many reasons why an individual may need to sue a school district.

In order to learn more about suing a school district or a particular school in Texas, an individual should consult with a local attorney in Texas for further guidance. Lawyers who sue a school district can provide legal advice regarding the issue and the laws and procedures for suing a school district in the area.

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

One important step for suing a school district is determining the cause of action on which the lawsuit will be based on. A cause of action is a legal phrase for the set of facts that establish the grounds which justify bringing a lawsuit.

If a plaintiff is able to demonstrate that a set of facts would allow them to seek redress against another party, those facts would be the cause of action that would entitle them to file a lawsuit. Common examples of causes of action that form the basis of many school district lawsuits include:

• Sexual harassment and misconduct: A claim involving sexual harassment or misconduct may involve verbal or physical acts that are sexual in nature;
  • Although these causes of action in a school district lawsuit will typically involve a teacher and a student, it is possible for this cause of action to arise in a case involving faculty members, for example, a teacher suing a vice principal for sexual harassment;
• Child abuse: In certain situations, sexual harassment claims may extend to cause of actions for child abuse;
  • This may occur when the school district has been notified or is aware that a student is being abused, bullied, or sexually harassed, abused by another student or teacher, and they do not take steps to alert the proper authorities or to prevent the issue from recurring;
• Discrimination: Discrimination can arise when a school district employs selective admission practices. This may mean that the school is either denying or accepting certain students for entry or providing preferential treatment to current students based on a category that is protected by constitutional and federal law, such as:
  • Gender;
  • Race;
  • National origin;
  • Religious beliefs;
  • Other protected characteristics;
• Employment: There are certain causes of action that may involve teachers or other faculty members suing a school district;
  • For example, a teacher may sue a school district for wrongful termination, workers’ compensation, or claims relating to wage and hour issues;
• Disabilities and special education programs: A school district must comply with certain strict regulations governing students with disabilities;
  • Specifically, a school has to establish special education programs;
    • If a school or an entire school district fails to satisfy these requirements, the student will have a right to file a lawsuit under the Individuals with Disabilities Education Act; and
• Various causes of action: There are also other causes of action that may involve:
  • Improper expulsion of students;
  • Failure to return personal property that belongs to students within a specified time frame;
  • Personal injury actions that involve school employees;
  • Other issues that may come up with a school or school district.

One cause of action that commonly arises in many school district lawsuits is a claim of negligence. When suing a school district for negligence, the main focus is on whether a student’s injury was foreseeable or not.

For example, assume that a school was aware that a certain student was consistently being bullied or harassed by another party, and the school did not take any steps to stop it from occurring. In that case, the school may be held liable for any injuries that the student suffered in connection to the situation.

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 a plaintiff has to follow before being able to file a lawsuit against the district or particular school in court. The process typically requires that the individual file an administrative complaint and exhaust all other available administrative remedies before filing a lawsuit.

An administrative complaint is a type of complaint that is submitted to a government agency in the state where a school district is located. In the majority of states, this is typically the Department of Education in that state.

The complaint contains information such as:

• What law the plaintiff claims was violated;
• A statement of the facts;
• Additional documentation that supports the complaint; and
• The plaintiff’s recommendation for resolving the issue.

A representative of the agency will review the complaint and will investigate the plaintiff’s claim. The agency may also request further evidence from the complaining party during the investigation.

Typically, it takes around 60 days to complete an investigation. In situations where a local agency first took the complaint, the plaintiff may be able to contact the Department of Education to investigate the matter further.

Once all available administrative remedies are exhausted and a plaintiff is permitted to file a lawsuit in court, they must send a letter notifying the school of their intent to sue. It is important to note that public schools may not be sued for simple negligence but must be sued for willful or intentional negligence, and the claim must be based on something illegal, such as discrimination.

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

As noted above, the process is different for suing a private school district than for suing a public school district. This is because public schools are considered to be government entities, and private schools are businesses that are owned and operated by private individuals or corporate shareholders.

This means that private schools may be sued without first having to file an administrative complaint. This also means that it is typically easier to file a lawsuit against a private school district than a public school district.

Public schools will usually be protected by the doctrine of sovereign immunity, whereas private schools will not. Sovereign immunity is a concept that shields the government from certain types of lawsuits.

This means that if the public school is considered a government entity, it will be protected by this doctrine. Another difference when suing a private school is that the plaintiff has the option to sue the private school’s insurance company instead.

The similarities include that once the process reaches a lawsuit, it should proceed in the same manner, whether it is against a public school or a private school. In addition, both types of schools may be sued for the same causes of action as they owe the same duty of care to their students.

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

If you need to sue a school district, you should consult with a Texas government lawyer. These types of lawsuits can be complicated, especially when a public school is involved.

It is important to be aware that, even if your student was injured during the school day or on the school property, it does not necessarily mean the school can be held liable for their injuries. There are also strict procedures you must follow, which your lawyer can assist with and ensure they are handled correctly and efficiently.