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How Necessary Are Education Attorneys in Big Pine Key, Florida?
Education Attorneys in Big Pine Key, Florida
30338 Overseas Highway, Unit 7
Big Pine Key, FL 33043
Education Attorneys in Big Pine Key, Florida
Under Florida law, government entities, including public schools and universities, enjoy sovereign immunity. Therefore, suing a school or university can be tricky, if not impossible. However, in some cases, you can hold a school responsible when your child is treated unfairly or suffers an injury while under the institution’s care and supervision. Filing a lawsuit could allow you to receive compensation for financial and other damages.
Since claims against public education institutions are far from clear-cut and can be challenging to litigate in Florida, having the help of an experienced education attorney in Big Pine Key, FL is usually necessary. Our dedicated attorneys are here to explain your legal rights and fight for what you deserve. Contact us now for a free case review to determine your best next steps.
Examples of Education Lawsuits
Morgan & Morgan’s education attorneys can handle a variety of education cases, including but not limited to:
Violation of Civil Rights
Federal laws protect all Americans, including those attending schools and universities, from discrimination based on their disability, nationality, and other memberships of a protected class. If a school refuses to accept your child for discriminatory reasons or refuses to make reasonable accommodations for a disabled child, you could have a legal claim.
Sexual Misconduct
If another student or school employee sexually harasses a student, the school district could be liable. Sexual misconduct can include rape, sexual assault, and other sexual behaviors.
Disproportionate Asset Distribution
Disproportionate asset distribution can arise when a school on the mainland receives considerably more resources than a school in Big Pine Key purely due to geographical location.
Fraud
Colleges may fraudulently entice students to sign up for a program by falsely claiming to have certain credentials and accreditations.
Wrongful Expulsion
If your child is about to be expelled from school, you generally have the right to appeal to the school district or board of education. If your appeal is unsuccessful, you could file a wrongful expulsion lawsuit to try and overturn the ruling. An attorney can help uncover instances of a school violating laws and policies and could help your child get readmitted to the school.
Breach of Contract
Signing an agreement with your university or college, such as a code of conduct, can create a contractual obligation between the two parties. If the institution breaches any part of the contract, a student or parents could sue.
Improper Discipline
While schools have various legal tools for disciplining students, a college student or child could be subjected to improper discipline. An example could be a teacher slapping a student. Inappropriate discipline also includes acts that take away a student’s civil rights, including:
- Not notifying a student of school rules in advance
- Not hearing a student in appropriate circumstances, for example, with a lawyer present
- Not providing the student with adequate notice of the charges against them
Other Cases
Education attorneys can also handle a range of other issues, such as:
- Helping to advance education reform
- Inspecting school governance (rules and regulations)
- Generally ensuring a student is safe and receives a quality education
There are many potential behaviors and regulations that can hamper a student’s education. Morgan & Morgan can help you fight for the education you or your child deserve.
Injury Claims Against a School District
If your child is injured at school, you may need the help of an education lawyer. Parents have the right to expect children to be reasonably safe at school or college in Big Pine Key. However, accidents can happen due to a school’s negligence, such as:
Slips and Falls
Not all falls happen due to negligence or cause significant injuries. However, if your child suffered a significant injury due to a hazardous condition at school or university, you could seek damages for medical bills and other losses. Unsafe conditions can include, among others:
- Missing stairs and handrails
- Slippery or wet floors
- Cracks in the sidewalk or on other school property
- Inadequate or broken lights
- Frayed and bulging carpets
- Missing floorboards
If a student gets hurt due to the school’s negligence, they could file a lawsuit and seek compensation.
Negligent Security
Unfortunately, gun violence is on the rise in US schools. The year 2021 saw 249 school shootings, the highest number since 1970. Students can suffer catastrophic injuries and tragic deaths in negligent security incidents such as school shootings. Examples of incidents arising due to lax security include:
- Sexual assaults
- Physical attacks
- Violent robberies
- Shootings and stabbings
- Murders
What Is Negligent Security?
A school should have security measures in place to keep children safe, such as locks on gates, alarms, security cameras, security guards, and others. If your child was harmed or died on campus due to a lack of security, you could have legal recourse. Consider speaking to an education attorney in Big Pine Key to clarify your legal options.
Filing a Lawsuit Against a School or University
Taking your college to court can be complex and expensive. It is important to note that you must first address any complaints with the school or district internally before you can file a lawsuit. Your next steps can be:
Speaking to an Education Attorney
While you are handling a dispute with your school or university internally, make sure to consult with an attorney regarding your options. An education lawyer can protect your rights and help you navigate the legal process.
Gathering Evidence
Preserve all evidence you have regarding the incident, including any emails, text messages, documents, school policies, and other material relevant to your claim. If you have witnesses, contact them to find out whether they would be available for statements.
Filing a Formal Complaint
If you are unable to come to an agreement with the institution, you must file a formal complaint before you can file a lawsuit. The notice of claim provides the school or university with an opportunity to resolve the matter before you file an official lawsuit. Consider hiring an attorney to draft the formal complaint and ensure all technicalities are adhered to correctly. You must act fast as the time for filing a notice of claim can be as short as 60 to 90 days.
Filing a Lawsuit
If the school decides not to settle after your notice of claim, you can pursue your case in court 180 days after filing your formal complaint. If you are suing a private school, you could file a lawsuit right away as private educational institutions do not enjoy government immunity.
How an Education Attorney in Big Pine Key, FL Can Help
College students and parents of school-age children have numerous rights in education. However, standing up against a school district on your own can feel overwhelming and stressful. If a college student or schoolchild fell victim to the educational institution that was supposed to protect and educate them, an education lawyer can level the playing field and help you get justice.
Depending on the circumstances of your claim, an education attorney can help to overturn unfair regulations, negotiate a fair settlement with a school district, or fight your case at a trial. We can also help to overturn a suspension or expulsion.
FAQ
Morgan & Morgan
How Can I Sue a School for Discrimination?
If you or your child suffered discrimination at a school in Big Pine Key, you could sue and receive compensation. Schools can violate students’ rights based on a variety of protected attributes, including but not limited to:
- Race
- Gender
- Color
- Disability
- Sexual orientation
Consider hiring an education attorney as holding a school accountable can be challenging and time-consuming. Moreover, schools enjoy immunity, making it harder to hold them legally responsible. Before filing a suit against a public school or university, you must submit a formal complaint with the court clerk.
Is It Easier to Sue Private Schools and Universities?
Although it can be tricky to generalize, it may be easier to sue private schools and universities because they do not have sovereign immunity, unlike public educational institutions. Therefore, suing a private school involves fewer hurdles, as you do not have to file a complaint before filing a lawsuit. Ultimately, whether you will succeed with your claim can depend on a variety of factors, including the strength of your case and whether you are working with a seasoned education lawyer.
How Can I Find an Education Attorney for a Disability Discrimination Lawsuit?
Finding a specialized education attorney can be tricky. However, here are some tips that can help you to find excellent legal representation:
- Ask other parents at your child’s school or university
- Contact the Florida Bar or the Monroe County Bar Association
- Ask your pediatrician if they know an education attorney
- Contact Florida’s Department of Education and State Advisory Panel for the Education of Exceptional Students for advice
Before agreeing to hire a lawyer, make sure you ask about:
- Their experience with handling education lawsuits
- Their track record with disability discrimination lawsuits
- How many trials they have won
- What their fees are
- Who in their office will be handling your case
Education lawsuits can be complicated and costly to litigate. Make sure your potential attorney has the relevant experience, track record, and resources to handle such cases. Moreover, knowing about their fee structure before signing on the dotted line can help you avoid unpleasant surprises later on.
Can I Sue an Individual School Employee?
Generally, suing a school or employees can be tricky due to sovereign immunity, but it is not impossible. In Big Pine Key, for example, you could sue if your child was injured due to an employee’s negligent or wrongful conduct. School districts could also be held vicariously liable for their employees’ unlawful acts. When suing individuals, the following parties could be named in a lawsuit:
- Principals
- Teachers
- School counselors
- Other employees
Depending on your case, you could have a claim against several defendants. For example, if a teacher is guilty of wrongdoing such as discrimination, their superiors could be liable for turning a blind eye and ignoring the issue.
Regardless of whether you intend to sue a school district or individual employee, your case could be rejected due to a technicality, such as forgetting to file a complaint with the school district first. Hiring an education attorney from Morgan & Morgan can prevent your claim from failing at the first hurdle. Since government entities such as schools and universities enjoy protection from lawsuits, you need an expert attorney who knows how to navigate education laws and can present your case strongly.
Can You Sue a School for Bullying?
Most schools are required to have policies regarding bullying. Schools should also take action and investigate any reports of bullying. A school district may be liable if the bullying can be traced to an employee. Parents could also potentially bring a claim for negligent supervision if a child is consistently bullied at school and employees ignore the issue.
Bullying can be extremely damaging to a child and cause mental health issues such as anxiety, depression, and suicidal thoughts. Children are entitled to a healthy learning environment. A school must take action to protect students from bullying. If your child is bullied in school in Big Pine Keys, contact a lawyer to discuss your situation and find out if you have legal recourse.
Our Education Lawyers Are Waiting to Hear From You
Schools and school districts may have teams of lawyers on retainer to fight claims of wrongdoing by students and parents. However, with one of America’s largest law firms behind you, you can rest assured that we have the resources and expertise to stand up to powerful school districts and hold them to account for their failures. You don’t pay a dime unless our education attorneys in Big Pine Key, FL, win and recover for you.
Contact us now for a free case evaluation to determine how we can help you.