If I want to sue my son's school district, do I need to file a complaint with them before filing a lawsuit in state court

Asked 4 months ago - San Francisco, CA

I am looking to sue my son's school district for serious errors they may regarding his school records. Assuming that filing a suit is the best way to go, do we need to file a complaint with the school district before filing in court? I have heard something about exhausting "administrative remedies" but am not familiar with this.

Attorney answers (3)

  1. Herb Fox

    Contributor Level 16

    3

    Lawyers agree

    Answered . You most likely need to exhaust administrative remedies, and those remedies are defined by factors such as the nature of your claim and the type of relief you are seeking. The school district and/or the state Education Code may set forth administrative procedures to remedy the problem, and if you are seeking monetary damages you will need to comply with the Government Tort Claims Act, which has very short time limitations for filing claims.
    I recommend that you consult with an attorney who has Education Law experience for advice on the procedures.

    This law firm handles appeals in all appellate courts throughout California, except bankruptcy, unemployment and... more
  2. Kevin Samuel Sullivan

    Pro

    Contributor Level 20

    3

    Lawyers agree

    Answered . hire a lawyer as government entity litigation is nuanced. you will need to file a government claim and so forth. HIRE A LAWYER ASAP to evaluate your case and file the claim with the appropriate government entity.

  3. Faith Christine Lisle

    Contributor Level 13

    1

    Lawyer agrees

    Answered . Yes, you need to file a complaint and go through the internal process the district has for grievances before filing a lawsuit. You should get a lawyer to help you because this area of the law is tricky and if you do not follow all the rules then your lawsuit will be barred.

    If you found this answer helpful, let me know by clicking the "Mark as Helpful" button at the bottom of this... more

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