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.
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 workers comp appeals. Nothing contained in this communication is intended to be, or shall be deemed to be, legal advice, counsel, or services to you or on behalf of you or any other person or any entity. Use of the Avvo website does not create any obligation or relationship between you and the Law Office of Herb Fox, including but not limited to, an attorney-client relationship. Further, the communications on this website between you and the Law Office of Herb Fox is not privileged or confidential, and you should not post any information that you intend to keep confidential. Finally, your situation may be governed by legal deadlines, and you may lose your rights if you do not or did not act within those deadlines. You are solely responsible for meeting those deadlines until and unless you retain an attorney.
Debt Collection Attorney
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.
Employment / Labor Attorney
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 answer or select it as Best Answer. It’s easy and appreciated. This response is intended to be a general statement of law, should not be relied upon as legal advice, does not create an attorney/client relationship and does not create a right to continuing email exchanges.
1 lawyer agrees