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Suing a Private School

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Does My Child's Private School Have a Duty to Provide a Safe Environment?

Just because a school is privately owned and operated does not mean that it is immune from regulations.  A private school will usually owe to you and your child the same duty of care that a public school would.  

Though state intervention into the regulation and affairs of a private school is generally kept to a minimum, there is a clear right of the state to subject a private school to a reasonable degree of regulation in order to ensure the safety of the children that attend private schools.  

What is My Child's Private School Responsible For?

Much like a public school, your child's private school owes you and your child the duty of reasonable care, which includes many of the following:

  • providing supervision of your child during recess and lunch, and any other times where children will be playing in groups, as this is when injuries are most likely to occur;
  • providing safe and clean classrooms and educational facilities;
  • maintaining school buildings and performing any necessary repairs to school buildings that have been called to the school's attention;
  • employ qualified and competent teachers and coaches who will provide proper educational and supervisory care for your child

What Can I Sue a Private School For?

Sending your child to a private school might give rise to lawsuits that would not occur in a public school setting, such as tuition disputes.  Most of the claims brought against private schools, however, are similar to the lawsuits that would be brought against public schools, including:

  • sexual harassment;
  • discrimination;
  • severe, excessive, or undeserved punishment of the student;
  • failure to supervise;
  • failure to provide safe and well-maintained school facilities;
  • improper expulsion from school

Do I Need an Attorney in Order to Sue My Child's Private School?

If you have you have a claim against your child's school and wish to pursue it, an experienced personal injury attorney will be able to preserve your rights and assist you in seeking the remedies available to you.

Photo of page author Ken LaMance

, LegalMatch Law Library Managing Editor and Attorney at Law

Last Modified: 05-21-2018 07:10 PM PDT

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