what type of lawyer do i need to sue a school in massachusetts

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What kind of lawyer do I need to sue a school?

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.

Can a parent sue a school for educational malpractice?

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:

Can you sue a school for simple negligence?

Government immunity doesn't mean you can't sue the school, but the reasons you can sue are extremely limited. For example, if your child falls down and gets injured in the lunchroom, you typically can't sue the school. Schools can't be sued for simple negligence.

How do I file a lawsuit against a school?

Typically, you must file a complaint or claim with the school district before you can sue a school. Most school districts have a specific form that you can download from the school's website. Fill out basic information, including your name, the name of the student, and the name and location of the school.

Can you sue a school in Massachusetts?

Under the Massachusetts Tort Claims Act, the state and public schools are subject to liability under certain circumstances. But, certain exceptions remove liability.

What is educational negligence?

Educational negligence is a serious issue which can impact not only on a child's school life but on their future ambitions or career choices. It can take many forms from a failure to provide an acceptable standard of teaching to ignoring non-attendance or not catering for special educational needs.

What are the 4 types of negligence?

Different Types of Negligence. While seemingly straightforward, the concept of negligence itself can also be broken down into four types of negligence: gross negligence, comparative negligence, contributory negligence, and vicarious negligence or vicarious liability.

What are some examples of negligence?

Examples of negligence include:A driver who runs a stop sign causing an injury crash.A store owner who fails to put up a “Caution: Wet Floor” sign after mopping up a spill.A property owner who fails to replace rotten steps on a wooden porch that collapses and injures visiting guests.

Identifying Your “Cause of Action”

You always must identify your legal cause of action (or type of legal claim). Some common causes of action against schools involve: 1. Discriminati...

Filing An Administrative Complaint Against The School

In many school-related cases, you must complete an administrative complaint process before you file a lawsuit with the courts (sometimes referred t...

Filing A Lawsuit Against A Public School District

Once you exhaust any administrative remedies, you may file a lawsuit. Filing a lawsuit against a school district requires the filing of a legal com...

Is The Process of Suing A School District The Same For Private Schools?

Private schools are not protected by governmental immunity. However, if a private school accepts federal funding, it must comply with certain laws...

Do I Need A Lawyer For Help With Suing A School District?

Filing a lawsuit against a school district is a time intensive and detailed process. An experienced government lawyer can help you avoid costly mis...

How to sue a school?

Important Step to Sue a School: File an Administrative Complaint Before You File a Lawsuit Against the School. Each school district has a special process that a plaintiff will be required to adhere to before they can file a lawsuit against the district or a particular school in court. Although these procedures can vary widely from school district ...

Why do people sue schools?

There are many reasons as to why a person would want to sue a school district. To be a valid action, however, the lawsuit must concern certain legal issues, such as discrimination, sexual harassment, and willful or intentional negligence. Some claims may not suffice to bring a lawsuit against a school. An example of when it may be possible ...

What are some examples of causes of action in school districts?

Some common examples of different types of causes of action that are the basis of many school district lawsuits include: Sexual harassment and misconduct: A claim involving sexual harassment and/or misconduct may involve verbal or physical acts that are sexual in nature. While such causes of action in a school district lawsuit will normally be ...

What is the most important step in a school district lawsuit?

One of the most important steps in suing a school district is determining the cause of action. A “cause of action” is a legal term that refers to the set of facts that establish the grounds to justify bringing a lawsuit. Basically, if a plaintiff can demonstrate that a certain set of facts would allow them to seek redress against another party ...

What happens if a school fails to meet the requirements for special education?

If a particular school or an entire school district fails to satisfy these conditions, then a student will have a right to file a lawsuit under the Individuals with Disabilities Education Act.

What is administrative complaint?

An administrative complaint is a document that gets submitted to a government agency in the state where the school district is located. In most cases, this is usually the state’s department of education.

What is the cause of action for discrimination in a school district?

Discrimination: A cause of action for discrimination can arise when a school district employs “selective admission” practices.

Who is liable for a lawsuit against a school district?

The following are commonly named as defendants in a school lawsuit: Principals and vice principals; Teachers; Coaches; Counselors; and/or. Individual school employees.

What is educational malpractice?

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 ...

How to prove negligence?

It typically requires extreme negligence in order to be proven. A “Notice of Claim” must also be filed with the school system or the right government agency. Rules on how to file the Notice of Claim will vary by state.

What to do if your child is a victim of school?

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.

Can a school district be held liable for harassment?

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.

Can a school district be sued for discrimination?

In addition to extreme negligence, school districts may be sued under federal law for discrimination. Public school systems, as well as some private schools, take funds from the federal government. Federal laws, including discrimination laws, therefore apply. Discrimination may be based on a number of protected classes or categories.

Is excessive punishment appropriate?

Regardless, excessive punishment is not appropriate. Bullying: The school and its employees fail to stop bullying of a student. Failure to Supervise: The school district may face a charge of negligence when a student is injured while not being supervised appropriately. Sexual Misconduct: Sexual harassment is a form of sexual discrimination.

Where to file a lawsuit against a school?

Choose the correct court. You must file a lawsuit in a court that has jurisdiction over the school and the incident that took place. Typically this will be a court in the same city or county where the school is located.

How to sue a school district?

File an administrative complaint. Typically, you must file a complaint or claim with the school district before you can sue a school. Most school districts have a specific form that you can download from the school's website.

How to file a lawsuit against a school district?

In most cases, you must work with the school district to resolve any problems before you can file a lawsuit. Check the district's website and look for a phone number or address you can use to file a complaint.

How long does it take to sue a school?

In most cases, if you're going to sue a public school, you must first send the school or school district a notice of intent to sue and give them an appropriate amount of time to respond, typically 30 days. Many school districts have a form you can use for your notice of intent to sue.

What happens if you are not satisfied with the actions taken by the school district?

If you're not satisfied with the actions taken by the district, you may have the ability to sue the school and the school district at that point.

How long does it take to respond to a school lawsuit?

In most cases, if you're going to sue a public school, you must first send the school or school district a notice of intent to sue and give them an appropriate amount of time to respond, typically 30 days.

What can be used as evidence in a school?

Photos or diagrams of the part of the school where the incident took place also can be used as evidence. For example, if your child was the victim of a bully, you might use a map of the school to mark where the encounters with the bully happened. You'll also need documentation of any damages you've suffered.

How to sue a school board?

Once exhausting resolutions with the school board, the next step in suing a school is to file an administrative complaint, gather appropriate documentation and information, participate in an investigation, and consult an attorney. After this, your attorney will ask you to identify a cause of action, fill out intent forms, and send the form to the school.

Where to file a complaint against a school?

When filing a complaint, it is essential to file it in a court with jurisdiction over where the school is located . This is typically the city or county where the school is located.

What happens if a school does not respond to a motion to dismiss?

However, if the school chooses not to fight the lawsuit, you may be entitled to a settlement.

Can you sue the district if you are not happy with the result?

Documentation of damages from the incident. If you are not happy with the result, you still may be able to sue the district.

Can you sue a child for emotional distress?

You may be able to sue if your child has suffered emotional or psychological trauma. You may be able to seek damages if the emotional distress is intentional or negligent.

Can you sue a school for bullying?

You can sue a school for discrimination, excessive and severe punishment, bullying, failure to supervise, sexual misconduct, improper expulsion, and educational malpractice. Some Laws protecting students against discrimination are Title VI of the Civil Rights Act of 1964, The Americans with Disabilities Act ( ADA ), and Title IX of the Education Amendments of 1972.

Can you sue a school for negligence?

You can’t generally sue a school for negligence. However, you can sue the school if a teacher or faculty member intentionally acts to harm the student. You can additionally bring the claim against an individual teacher by filing a criminal complaint.

Can school districts take legal action?

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.

Can school incidents cause physical suffering?

These and other school-based incidents may prompt physical suffering. More often, however, they lead to considerable emotional duress. Not only do impacted students regularly develop depression, anxiety, and other mental health issues but parents may suffer considerably as they witness their children's distress firsthand.