Suing School Districts in California
Ryan Heath, an Attorney licensed in Arizona, is working with several California Attorneys to hold school districts accountable for COVID-19 related abuses. The following information is intended for educational purposes and is not legal advice. If you need help with a legal issue, speak with an Attorney licensed in your state. If you would like to apply for representation with The Gavel Project, you may do so on our website.
Suing a school district is not easy in California, as specific requirements must be met for a lawsuit to be brought against a California school district. To start your claim, you must file a notice of complaint under the California Tort Claims Act. Be advised that if you do not follow the guidelines precisely, your case will likely be thrown out.
What Can I Sue a School District for in California
Again, California law clearly defines what parents and students can sue a school district for. Here are some examples of what you might sue for:
Bullying
Excessive punishment
Discrimination
Teacher misconduct
Sexual harassment
Negligent conduct
How Much Money Can I Get for Suing a School District in California?
When suing a school district, you must prove that psychological, physical, or emotional damage has been caused to your child by someone employed by the school. Damages should be substantial enough that you can show medical bills, cost of rehabilitation, therapy, loss of income, etc.
File a Lawsuit Against a Private School in California
Parents and children who have been injured or received damages from a private school may bring a lawsuit. Suing a private school is different from suing a school district.
Conclusion
While strict guidelines protect school districts from being sued frivolously, there are exemptions for people with substantial claims.