When you are a parent or guardian and you believe your child has been treated unfairly or was hurt because of the carelessness or negligence of a school, it can be hard to know what you can do. When can you file a civil lawsuit against a school district? There are specific situations where you might have the grounds for a civil claim, but only if you meet the requirements and take key administrative steps.
Filing an Administrative Complaint First
There are unique requirements you have to follow before you file a civil claim against a school, although those requirements will vary depending on your school district. The Ohio Department of Education and Workforce (DEW) Office for Exceptional Children (OEC) encourages multiple methods of dispute resolution, including mediation, facilitation, and complaints.
You likely will have to take all administrative steps first before you can file a civil case. This generally includes filing an administrative complaint. These complaints can be filed with the DEW, which then reviews and investigates the complaint.
Filing a Civil Claim
If no resolution is secured from filing an administrative complaint or the DEW comes to a conclusion you don’t agree with, you may be able to file a civil claim.
You want to first determine whether you have the grounds to file a civil claim and that Ohio’s sovereign immunity laws do not prevent civil liability. If you do have grounds, then you need to provide the school with notice of your intent to sue.
Sovereign Immunity
Sovereign immunity applies to governmental and public employees or entities, which includes public school systems. It protects public employees from liability when they are completing their job duties, and in other select situations. However, public employees and entities can be liable for:
- Negligent conduct, in certain cases
- Conduct outside the individual’s scope of employment
- Malicious acts
- Acts committed in bad faith
- Wanton or reckless conduct
- Constitutional violations
These and other exceptions allow you to file a civil claim against a school for violations.
Examples of Claims
Schools have a duty of care to act reasonably, and breaching that duty can lead to a claim. You may be able to file a claim for:
- Discrimination against a student or staff member, which is a violation of constitutional rights
- Failure to properly manage student medication, such as with the current pending case based on reckless ignorance of a health aide
- Dangerous school property that should have been fixed, which then caused injury or harm to people on the property
- Accidents involving school buses and other vehicles owned by the school
There were 315 school bus accidents reported in the 2024 to 2025 school year in Ohio, but luckily only 9% of them resulted in any injury, and none with any serious or fatal injury.
Hire a Civil Lawyer at The Czack Hobbs Law Firm in Ohio
When you hire a civil lawyer, they can help you with each step of the unique process you have to deal with for your school district. They can offer you legal information about your case and help you understand what options you have. Reach out to The Czack Hobbs Law Firm today for decades of legal experience and attorneys who work directly with you.
