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Can I sue a school district for losing my high school transcripts?

Pollock Pines, CA |

I am trying to go to college and my high school lost my transcripts and the accepting process has now been put on hold and i have less than a month to get them to the school. ???

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Attorney answers 2


I am afraid I do not understand, "lost" your transcripts? How is that even possible these days? Did the school admit this in writing? Did you write them to make them aware that they are causing you to miss an opportunity? Start by confirming this, in writing with the school. Then speak to a personal injury lawyer.

Most of education law focuses on student conduct and services to be delivered to the students. A personal injury attorney would be able to focus on whether there is potential tort recovery.

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This is not really an "education" law question. It deals more with whether the school committed an actionable tort against you. First, remember that there is not always a remedy for all "wrongs" done. The analysis is rather simple. Did the school owe you a duty? For the sake of argument one might say that the school had a duty to treat and preserve your student records with diligence and care. There is a federal law (FERPA) which specifically treats the schools responsibility to preserve student records (but this law does not in and of itself give rise to a private right of action). If, in deed there is a legal obligation to use due diligence in preserving your records, the the second question is whether the school violated that right. Given the facts as shared, it would seem that the school violated whatever dut they may have had. The third part of the anaylsis is whether the school's violation of the duty caused harm.
I would say at the moment they have not caused a harm that the court would recognize. If you lose the opportunity to be accepted due to their negligence, only then would the harm have taken place.

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