educationattor... -- It’s not easy to sue a school district, but it can be done. If you believe your child’s rights were violated by their school, the first thing you should do is contact a lawyer who specializes in this area of law. Because there are strict limitations on the types of cases you can pursue against a school district, the best course of action for you to take might not be obvious. A lawyer will be able to help you understand what legal recourse might exist for your situation and advise on which options would work best for you based on your family and personal circumstances.
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Public school districts generally cannot be sued because of the legal doctrine of “sovereign immunity.” This establishes that government agencies like school districts are immune from lawsuits. While most states have passed laws waiving school district immunity in some circumstances, these are limited exceptions to the rule that districts cannot be sued.
The laws regarding what types of cases can be pursued against school districts will vary among states. Some common reasons you may be able to sue a school district include:
Wrongful expulsion or suspension
Discrimination
Sexual misconduct
Negligent supervision
Premises liability
Infliction of emotional distress
Special education violations
It can also be challenging to sue a school district because you typically must exhaust your administrative remedies before filing a lawsuit. For example, if state law creates an administrative procedure for challenging an expulsion through the school district, you will likely have to pursue this route before you can file a legal complaint in court.
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RMO LLP serves clients in San Diego, Los Angeles, Santa Monica, Orange County, and communities throughout California. Our founder, Scott E. Rahn has been named “Top 100 - Trust and Estate Litigation” by SuperLawyers, Trusts and Estates Litigator of the Year, and Best Lawyers in America for Litigation - Trusts and Estates. For a free consultation, call (424) 320-9444 or visit: rmolawyers.com
3 окт 2024
