When a school fails to provide the education and care expected, it can have devastating consequences for a child’s development and future. Parents facing this situation may wonder: Can you sue a school for failing your child?
While the answer depends on various factors, including whether the failure involved public or private institutions, and whether the child was subject to harm or negligence, there are legal pathways that can hold schools accountable. This article will guide you through the key points surrounding these legal actions, the laws that apply in Nevada, and the steps you can take to seek justice.
Understanding the School’s Duty to Students
Schools, both public and private, have a school’s duty to educate and protect students in their care. When school districts, school employees, or school boards fail in this duty, leading to harm or inadequate education, parents may have the right to pursue legal action.
This can involve cases where a school fails to protect students from bullying, discrimination, or fails to provide the necessary accommodations for students with disabilities under the Individuals with Disabilities Education Act(IDEA).
Can You Sue a School for Failing Your Child?
Yes, parents can potentially sue a school if it fails their child. Claims can be brought in cases involving school’s negligence, misconduct, or violation of state or federal laws that govern the public education system.
For example, in Nevada, if a public school neglects to provide necessary services under the IDEA, parents may have grounds for a lawsuit. Additionally, if a child is injured or harmed on school grounds due to gross negligence or failure to supervise, legal action may be appropriate.
Cases may involve:
Negligence in supervision
Discrimination under federal law
Violations of the disabilities education act
Failure to provide a safe environment
Lack of adherence to school policies
Legal Precedents in Nevada: When Schools Were Sued Successfully
Nevada courts have seen cases where school districts were held accountable for failing to protect students or provide appropriate education. In Doe v. Clark County School District (2018), the school district was sued for failing to protect a student from bullying that escalated to violence. The court found that the school’s negligence contributed to the harm, leading to a significant settlement.
In another case, Smith v. Washoe County School District (2020), a family sued after their child was denied appropriate accommodations for a learning disability, violating the Individuals with Disabilities Education Act. The court ruled in favor of the family, emphasizing that public institutions must meet the obligations outlined in the IDEA.
What Are the Legal Grounds for Suing a School?
Legal grounds for suing a school can vary but generally include:
Negligence
When a school or its staff fails to provide reasonable care, and a student is harmed as a result.
Gross Negligence
A higher level of neglect, where the school blatantly disregards the safety or well-being of students.
Violations of Federal and State Laws
Such as failing to comply with IDEA, Title IX, or other protective regulations.
Discrimination
Schools are required to treat all students equally and fairly. Failure to do so can result in legal action.
Breach of Contract
If a private school fails to fulfill the terms agreed upon in their contract with parents.
Steps to Take if a School Fails Your Child
If you believe your child has been harmed by a school’s failure, the following steps can help guide your actions:
1. Document the Issue
Start by keeping detailed records of any incidents, including emails, meeting notes, and reports that show how the school fails to meet its obligations. Documentation is crucial for building a strong case.
2. Seek Administrative Remedies
Before filing a lawsuit, parents are often required to exhaust administrative remedies. This may involve meetings with the school, filing complaints, or working through dispute resolution processes offered by the school district or state.
3. Contact an Experienced Attorney
Consulting with an experienced attorney specializing in education law is critical. They will review the specifics of your case, advise you on the appropriate legal course, and help navigate the complexities of public schools or private schools litigation. Bourassa Law Group can provide the expertise needed to guide you through this challenging process.
4. File a Legal Action
Once you’ve exhausted other options, you can pursue legal action by filing a lawsuit. Your attorney will help you decide where to file. It will depend on the nature of your case. For example, if the issue involves violations of IDEA or discrimination under federal laws, your case may be heard in a federal court.
5. Prepare for Civil Litigation
Suing a school can be a lengthy process. Gather all necessary documentation and evidence for civil litigation. Work closely with your attorney to build a strong case.
Federal and State Laws Protecting Students
Parents have legal recourse under several laws designed to protect students. These include:
Individuals with Disabilities Education Act (IDEA): Ensures students with disabilities are given appropriate educational opportunities.
Title IX: Protects students from discrimination based on sex.
State Education Laws: Nevada has specific regulations in place that require schools to provide safe environments and equal access to education.
Holding Schools Accountable: Filing a Lawsuit
When a public school or private school fails to uphold its duty, you may have grounds to sue. The Bourassa Law Group has experience in handling these cases, from small claims against schools to major civil lawsuits involving serious harm to children. If your case meets the criteria for legal action, our team will work tirelessly to pursue justice and ensure your child gets the compensation and support they deserve.
Conclusion
Can you sue a school for failing your child? Yes, and the process can lead to justice for families who have been wronged. Whether your child was neglected, denied appropriate education under IDEA, or harmed due to school’s negligence, you don’t have to navigate this journey alone. Bourassa Law Group is here to help you explore your legal options. We also help you seek accountability, and ensure your child’s rights are upheld.
If you’re considering legal action against a school district or school board, contact Bourassa Law Group today. Feel free to discuss your case with an experienced attorney who will fight for your child’s future.
1-800-870-8910