Education lawyers handle suits related to the child's education and treatment at the school, but you may instead need a contracts lawyer, a personal injury lawyer or some other type of lawyer based upon your complaints. Based in Wisconsin, Courtney Ryan has been writing since 2005.
An education or administrative law attorney can represent you if you wish to file a lawsuit against a school. Reviewed by: Rebecca K. McDowell, J.D. If you need to sue a school or school district, the type of lawyer you'll need to hire depends upon the type of the lawsuit and the scope of the matter.
Ask the school principal or an administrator for the name and address of the government agency that oversees your child’s school. Depending on the school, the head office may have the forms you need. You may need to file a Notice of Intent to let the school know you intend to file a lawsuit.
School districts can sometimes be held vicariously liable for their employees who were involved in the behavior leading to the lawsuit. The following are commonly named as defendants in a school lawsuit: Individual school employees. There are likely to be several defendants in these types of cases.
You may need to sue the school district you are employed by for claims related to your employment. Unfortunately, there are very few instances in which you actually have the right to sue a school district. Thus, lawsuits against school districts are generally much more complicated than other lawsuits.
Educational Malpractice: Failure to properly or satisfactorily educate a student can sometimes open up the school to liability. Most of the causes listed above involved a parent suing the school system on their child’s behalf. Teachers and other employees of a school district may also have cause to sue: Improper Discharge of a Teacher: A teacher ...
Discrimination: Federal law protects against discrimination. This includes discrimination that occurs in public schools. A person may be discriminated against based on their sex, race, national origin and disability, to name a few.
If you believe your child has been the victim of illegal activity by the school system, or if you are an employee of the system and believe you’ve been the victim of illegal activity, you may want to contact a local government law attorney.
Title VI of the Civil Rights Act of 1964 : This law prohibits discrimination against people based on their race, color or national origin (country they are from). The Americans with Disabilities Act (ADA): This law prohibits discrimination against people who qualify as having a disability under the Act.
Title IX of the Education Amendments of 1972: Specifically prohibits discrimination based on sex. Some courts have interpreted this to include discrimination based on gender/gender identity. Sexual harassment is also a type of discrimination based on sex.
Improper Discharge of a Teacher: A teacher or other school system employee may sue the school system if they believe they have been improperly terminated from their job. There will be administrative remedies they will have to pursue within the system prior to this. Teachers may have different administrative remedies than other school system ...
The district may also be held liable for the harassment of one student by another. Improper Expulsion: if a student was expelled improperly, and has gone through all administrative remedies, they may be able to sue the school.
Many school district cases involve negligence on the part of school board officials or school administrators. Regularly, these and other parties fail to properly supervise students and the school district employees tasked with serving them. In a toxic school environment, students may fall victim to many forms of suffering.
Today's school districts are aware of the risk of legal action. In fact, many possess formidable representation. However, don’t let this discourage you from pursuing legal action. With the right lawyer in your corner, you can hold school districts accountable for their failure to protect your children and their peers.
Since school districts tend to have daunting legal representation on their side, when it comes to holding these districts accountable, size matters. All law firms are not the same. Morgan & Morgan has more than 700 attorneys nationwide fighting for the rights of victims.