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1200 E. Anderson Lane Investigating allegations of inappropriate or suspicious behavior by school staff members (such as flirting, sexual comments, etc.). v. United States of America: $10.5 Million Award for Our Clients. For example, if a teacher discriminated against your child, you would describe what the teacher did and why you felt it was discriminatory. The other copy you will have to send to the school using a particular method called. When you enter a private school, you usually sign some type of admission agreement or other document. Using the form can save you some trouble and also ensure that you have all the information that is legally required to be in the notice. School districts will have specific documentation on their website. They accuse administrators of failing to supervise students and secure the school; of ignoring threatening behavior and allowing bullying to escalate. Step 3: Prepare a Notice of Claim. Section 101.023 of the Texas Civil Practice and Remedies Code sets damages caps for different types of governmental units. Get your free consultation with one of our experienced attorneys in California today! The contact form sends information by non-encrypted email, which is not secure. If your child was sexually abused while at school, our Flower Mound personal injury lawyers can help you file a claim against the responsible parties. THANKS AGAIN!!! For example, if your child falls down and gets injured in the lunchroom, you typically can't sue the school. For more information, view the General Inquiry web page. This website is intended to provide general information and you should not rely on this website or its contents as a source of legal advice. Public school teachers are considered government employees and are generally protected by sovereign immunity laws. 2021 HerLawyer.com. The school and the school district will always have a team of attorneys. COVID-19 Orders Did Not Toll Statute of Limitations in Car Accident Case Per Texas Court, Texas Court Grants No Evidence Summary Judgment in a Car Accident Case, Texas Court Analyzes the Timeliness of Product Liability Claims in Car Accident Cases. 24/7 Availability Reach Us by Phone, Email, Chat and More! You then pay money to the school and in return, expect certain things. So far, Republican-appointed judges have kept the Democratic president's plan from going into effect, and it remains to be seen how the court, dominated 6-3 by conservatives, will respond . Two Eanes parents are suing the school district over its mask mandate . When sending the letter, please make sure to send it through U.S certified mail and request a return receipt. If you can't afford the filing fee, you may be eligible for a waiver. In these cases, the private school can be sued directly by students and their parents if negligence by the school was a factor in the abuse. For more tips from our Legal co-author, including how to use a pre-made court complaint form to save you time, read on! Can a parent successfully sue a school for a shooting that killed or injured their child? 0 found this answer helpful | 2 lawyers agree Helpful Unhelpful 0 comments Robert Don Fink View Profile 6 reviews You may be able to sue if your child has suffered emotional or psychological trauma. Texas Education Code Sec. You will need to provide a description of what occurred and a resolution that you believe is appropriate. Please do not include any confidential or sensitive information in a contact form, text message, or voicemail. To sue a school, you must first send an intent to sue. Call today to set up a free initial case assessment or to learn more. If the teacher resigned because of the actions of the school and staff, the legal representative may need to work quickly to gather as much evidence as possible. Consider the settlement carefully. Go up the chain of command. The lawyer will protect the rights of the teacher once he or she is hired. In Texas school districts, however, most professional employees, including all full- For example, in cases of school bus accidents, parents can file a lawsuit against a public school for damages. By signing up you are agreeing to receive emails according to our privacy policy. School districts are entitled to receive notice of a claim within six months of the injury producing accident. If you can't find a form, it may be in your best interest to get an attorney to draft the letter for you. But the very nature of special education makes it hard to find one solution. While consulting an attorney is not mandatory, it can help you determine if you have a winning case. Compensation. When teachers or administrators witness bullying . Ask them to schedule a meeting to discuss your child's 504 plan and compliance. Fill out the form for a FREE CASE EVALUATION with Texas personal injury lawyer. Even more difficult is prevailing. If they fail to do so, they could lose their right to sue a Texas public school for compensatory damages after their child is injured. A Texas school district doesn't require masks. You can only sue the school if you can point to something the school did that violated the law. Family budgets were strained last year when gas prices soared reaching as high as $7 per gallon in some areas of California. Learn more This is typically the city or county where the school is located. The Texas Education Agency accepts reports of fraud involving state and federal programs and funds, including information or data report to TEA used for school accountability purposes. First of all, you have suffered harm that you need to be compensated for, and often the only way to get it is through pursuing legal action. However, there are some situations where these claims are simpler, especially with school bus accidents and mistreatment of disabled students. Can schools be held liable for abuse by other students? Suppose you speak to your Texas personal injury lawyer, and they believe you have a case against a school. Refer to the Complaints Handled by Other Agenciespage for information and contacts about matters typically addressed by other agencies. It is crucial that you follow the filing guidelines and meet the specified timelines; otherwise, your complaint is likely to be automatically dismissed. A school district is a unit of local government. You can additionally bring the claim against an individual teacher by filing a criminal complaint. Frank Penney Injury Lawyers can be reached at the following locations: No matter where you are in Northern California, or how you reach us, we will be there for you 24/7! Even if you can sue the school, you typically have to jump through a few hoops before you can do so. If you are suing a school for personal injuries to your child, you will need to prove that negligence was the cause of the injury. It is important to note that TEA has jurisdiction over public school districts and charter schools and not other educational or child entities such as private schools, daycares, and universities. Visit our attorney directory to find a lawyer near you who can help. The defendant is then served the complaint along with a summons. Jennifer reviews, fact-checks, and evaluates wikiHow's legal content to ensure thoroughness and accuracy. A due process hearing is much like a regular civil trial, and the school district will be represented by the district's own legal counsel. You may be able to seek damages if the emotional distress is intentional or negligent. Ask the clerk for details. If a faculty member acted outside their scope of employment, they may also be open to lawsuit. The clerk will keep the original complaint with the court. School districts are entitled to receive notice of a claim within six months of the injury producing accident. You must gather information and documents as evidence of your complaint. As a parent, you can request an assessment, and the district must comply by assessing your child or writing a notice of action (a legal form) denying the request. Include reasons why this is important to your child. Public schools are government entities, and as such are protected by law. Moreover, how is it foreseeable that these types of actions would cause an autonomous student to shoot up his school? As such, school shooting lawsuits have become a common part of mourning, popping up almost immediately after one of these horrifying events. We are available to anyone in Northern California 24/7! If you're not satisfied with the actions taken by the district, you may have the ability to sue the school and the school district at that point. It is important to note that every state has different laws about who can sue and what kinds of lawsuits are Read more. Suing the School or School District Since the school or the school district is ultimately the one who hires the bus company, the school/school district might also be responsible for the driver's errors and mistakes. In a letter dated Feb 21, and signed by all 18 assembly . While it can be difficult to hold a public school in Texas liable for certain injuries, federal laws protect children across the country. For example, if your child has a physical or mental disability, and a Texas public school discriminates against them, causing them injury, you should hire an attorney. For more information, please see the Hearings and Appeals page. Road Accidents Caused By Negligent Construction, Covid-19 Response: Online Legal Assistance, Definitive Guide Personal Injury Demand Letters. Unless you can find a. The parents were granted a sum of $100. Rather than suing the school district, you may wish to file an injury claim against its insurance carrier. Filing the complaint starts the lawsuit. This complaint legally starts the lawsuit. Are you struggling with any of the following questions after you or your child was sexually abused at school? TEA has authority to investigate violations of IDEA by TEA as well as customer service complaints. A separate lawsuit against the bully and his parents was settled for an undisclosed amount. Contact us at the Legal Herald if you would like a referral to an experienced firm near you. While you don't necessarily. X 1. After-school program employees and volunteers. So, when parents file a lawsuit against a Texas public school for their childs injuries, they are really filing a lawsuit against the government. Talk to the administration at the school or read the school handbook to determine the procedure. Sign up for wikiHow's weekly email newsletter. They can also leave aching parents looking for a place to lay the blame. However, if the school chooses not to fight the lawsuit, you may be entitled to a settlement. Like schools, these childcare facilities have a legal duty to reduce the risk of abuse as much as possible. Get your free consultation with one of our experienced attorneys in California today! "Article really has helped, don't know what to do though, the PE teacher at my son's school forced him to do an. And in some cases, the teacher or parent is primarily responsible, but the school district may have incurred vicarious liability. Assuming that the school's liability can be proven, the lawsuit begins when you (the plaintiff) go to court and file a complaint against the school district (the defendant). The district may hire a single attorney, or it may hire an entire law firm. Refer to the Compact with Texanspage for more informationand contacts for filing a complaint about TEA customer service. Courts have fill-in-forms that are available to individuals who are not being assisted by an attorney. Secondly, holding law enforcement accountable is the best way we've seen for getting governments to invest more in the training and protocols of law enforcement. If the school had reported threatening behavior, would it have really prevented violence? Practitioners would be well advised to send a certified notice letter to school district superintendant at the first opportunity. Parents could file a lawsuit against a responsible school bus driver and potentially a school district itself for negligence if their child sustained injuries in a school bus accident. Fill out basic information, including your name, the name of the student, and the name and location of the school. 1046 (S.B. If you or a loved one is seeking to sue a school, school district, or teacher, contact us. You would only have a direct 3rd party action against the person who injured you and any entity other than your employer. ", http://blogs.findlaw.com/injured/2013/04/how-do-you-sue-a-school-district.html, http://statelaws.findlaw.com/california-law/how-to-sue-a-school-in-los-angeles-for-injuries.html, https://www.legalmatch.com/law-library/article/how-to-sue-a-school-district.html, http://www.alllaw.com/articles/nolo/personal-injury/sue-school.html, https://www.nolo.com/legal-encyclopedia/can-school-district-be-sued-injuries-students.html, https://law.freeadvice.com/litigation/civil_law_suits/right_court_selection.htm, http://www.civillawselfhelpcenter.org/self-help/lawsuits-for-money/pleading-stage-filing-a-complaint-or-responding-to-a-complaint/241-filing-a-complaint-to-start-your-case, https://law.freeadvice.com/government_law/education_law/school-bullying-do-you-need-an-attorney-to-file-a-claim-against-a-school-district.htm, http://www.civillawselfhelpcenter.org/self-help/lawsuits-for-money/pleading-stage-filing-a-complaint-or-responding-to-a-complaint/243-responding-to-a-complaint-if-you-ve-been-sued. today at (817) 476-1797. In this circumstance, you might consider filing a local grievance. We will never charge a fee unless we obtain a settlement on your behalf. Bullying can cause children to become depressed, have anxiety, and can even lead to suicide or other forms of violence. Meeting with a lawyer can help you understand your options and how to best protect your rights. Sexual abuse in schools is a crisis plaguing all 50 states, as there have been widespread reports of students who have been sexually abused by teachers, coaches, and other school staff members. To learn more about the special rules for these types of cases, see AllLaws's section on Injury Claims Against the Government. An experienced attorney can also analyze your case and give you their thoughts on whether you have a chance of winning in court. If you are an employee, then your claim against the school would be handled as a workers compensation claim. Your complaint will be investigated and an appropriate remedy determined by an administrative agency. No, you can't sue the school district on these facts. Research source. They were able to settle my case for more than I initially thought it was worth. If you represent yourself, your case may not survive a motion to dismiss. Fax: 1-888-780-8099 (Toll-Free), Texas Higher Education Coordinating Board (THECB) Youll also need to provide the school with a court summons. In cases involving negligence. When you are asking for help, this should make your life easier not more difficult. If you are not happy with the result, you still may be able to sue the district. Proof that the injuries were a foreseeable outcome of the district's negligence. This receipt can be used to prove that you sent the school a letter with your intent to sue. Make sure to bring two additional copies. We're here for you 24/7. In response to the lawsuit, Ryan Brown, a spokesperson for South Carolina's Department of Education, said the state department has reminded school districts of their obligations under federal . They were able to settle my case for more than I initially thought it was worth. You can start taking legal action by following these steps: Document your emotional state To win the claim, the victim must prove the emotional damage due to another's actions. Once retaliation has started, it is crucial to hire a lawyer to build a case immediately. The insurance company doesnt always have your best interest in mind. If you have a dispute with a school district, you may be able to file a lawsuit against them. At times, parents of bullied children find themselves needing to pursue bullying lawsuits to hold parents and school districts liable for severe injuries, suicide attempts or even the death of their child. Refer to the complaint process of theDivision of Compliance & Investigations for more information, forms, and contacts. Parents can also sue Texas schools for other injuries, physical and emotional, resulting from sexual abuse or discrimination. These are economic damages. We use cookies to make wikiHow great. The superintendent of the school district in Florida's capital. The notice must reasonably describe the alleged injury, the time and place of the incident, and the incident. The gunman, identified by cops as Salvador Ramos, was 18 years old and pronounced dead at the . It was such a relief to have someone working on MY BEHALF! The agency shall make the procedures available on the agency Internet website. In the vast majority of cases, you cannot sue a public school to collect compensation for the injuries your child suffered. The Texas Education Agency has jurisdiction to investigate violations of school law concerning Texas public school entities (such as school districts and charter schools), certified educator certificate holders, and educator preparation programs. You can find the answers to these and other questions in a free consultation with a dedicated sex abuse victims lawyers. Because of this, parents can sue a private school for any injury resulting from negligence, not limited to school bus accidents. The notice must reasonably describe the alleged injury, the time and place of the incident, and the incident. stipulates that you must exhaust administrative remedies before filing a lawsuit. This typically entails filing an administrative complaint against the school, along with extensive documentation supporting your claim of negligence. In fact, there are many reasons why you might want to sue a school district. A small fee may be paid to a sheriff to deliver the documents. Suspect in Ohio school shooting charged with murder, Chardon High School Shooting: Lawsuits Likely, Proof that, but for the district's actions, the injury would not have occurred; and. It is important to file a claim with the school district before suing the school. It is very difficult to sue Texas public schools for injuries because of sovereign immunity laws. If a teacher or other school employee has sexually harassed or abused your child, you might be able to sue the school district based on a violation of Title IX. 7031 Koll Center Pkwy, Pleasanton, CA 94566. (512) 499-8377https://www.tepsac.org/#/contact, Texas Health and Human This period of time typically ranges anywhere from one to six years. If a student is sexually abused by a teacher, the school sexual abuse lawsuit is worth between $1,000,000 and $3,500,000. Each state has its own Child Protective Services (CPS) agency that is responsible for protecting the health and welfare of children. Section 101.106 sets forth so-called election of remedies provisions which could easily cause the unwary practitioner to unwittingly waive a portion of a claim. You also must choose between state or federal court. Also, the legal immunity does not apply to gross negligence. 39.004 CONDUCT OF SPECIAL INVESTIGATIONS, Find answers to questions related to COVID issues, To report a violation of school law follow these steps, Find answers to Educator Certification issues. But you must pay attention. School districts recognize this and they do have policies in place to address student threats and violence. California's Republican state legislators are urging Governor Gavin Newsom to take steps to ease the financial burden for California families as summer approaches. Still, it might be worth it to file a school shooting lawsuit if the school's behavior was particularly outrageous. The answer is yes. Take the Quiz. Refer to the Division of Special Education's Dispute Resolution Processfor more information, forms, and contacts for filing a special education-related complaint. By using our site, you agree to our. ", "This really helped me sue my middle school. Texas Attorney General Ken Paxton has sued nine more school districts over their masking rules. Additionally, school officials have a legal duty to do everything in their power to protect their students from sexual predators. In cases of student-on-student sexual abuse, its also important to investigate the circumstances of abuse for possible negligence by school officials. In 2012, the school district agreed to pay $4.2 million to settle the case. The scope of that protection includes civil rights violation claims made against you, a $35,000 Legal Action Trust to protect against criminal . Parents can also file a claim against a Texas public school in instances where a school employee was acting within the scope of their employment and would have been liable if they were a private individual. Find your school's 504 coordinator. Your Rights as a Teacher As a teacher, you do have the right to come to work and operate in a safe environment, among others unrelated to student attacks. School shooting lawsuits against school districts are based on negligence. You can't generally sue a school for negligence. However, some school districts said they will defy the order and require masks in school despite the threat of losing funding. If daycare of preschool negligence is to blame for sexual abuse of daycare children by employees, the facility can be sued by the parents of the victims. about FindLaws newsletters, including our terms of use and privacy policy. Breach of Contract Claims. We are available to anyone in Northern California 24/7! A school sexual abuse lawsuit is worth around $1,000,000 if the school is negligent and there is adequate proof of the attacker's misconduct. Interview several attorneys and ask them lots of questions about their experience and methods. fails to resolve your dispute with the school district, it may be time to file a school, Determining whether or not you have reasons to sue a school, the right to sue a public a school district, fulfilling the burden of proof and understanding school liability are are some of the complex factors that make it important to consult a. The Office of General Inquiry provides general information and resources on matters related to the rights and responsibilities of parents underChapter 26 of the Texas Education Code(TEC). If your claim is for $10,000 or less, you can sue your school district in small claims court. Many of these suits focus on the school. At Frank Penney Injury Lawyers, Frank Penney and his staff work on a contingency basis. While each case has its own circumstances and laws that apply, sovereign immunity doctrines prevent you from holding a school liable for the negligence of its employees. activity at sports day which he did not enter and halfway through the race, my son fell and broke his ankle twice inside and outside. The financial costs of your accident can add to that stress. Submitting a contact form, sending a text message, making a phone call, or leaving a voicemail does not create an attorney-client relationship. Content, including images, displayed on this website is protected by copyright laws. Section 101.101 provides for special notice provisions which require strict compliance. Texas anti-bullying laws require school districts to adopt a health curriculum that includes evidence-based practices that will effectively address awareness, prevention, identification, self-defense in response to, and resolution of and intervention in bullying and harassment. Some law firms have attorneys . He and his staff put me at ease instantly! Most workers compensation programs do not allow employees to sue their employers, but you may be able to sue abusive students or their parents. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. Our legal team understands that life can be very stressful after an accident of any type. Charge Filing and Notice of Right-to-Sue Requirements If you plan to file a lawsuit under federal law alleging discrimination on the basis of race, color, religion, sex (including pregnancy, gender identity, and sexual orientation), national origin, age (40 or older), disability, genetic information, or retaliation, you first have to file a charge with the EEOC (except for . Please do not include any confidential or sensitive information in a letter with your intent to the. A team of attorneys with Texanspage for more than I initially thought it was worth possible negligence by school have... Experience and methods fill-in-forms that are available to anyone in Northern California 24/7 asking help... Include reasons why you might consider filing a special education-related complaint to pay $ 4.2 Million settle! The General Inquiry web page looking for a free case EVALUATION with Texas personal injury lawyer, signed. An injury claim against an individual teacher by filing a complaint about TEA customer service Complaints your child was abused. About TEA customer service and can you sue a school district in texas entity other than your employer also analyze your may. Complaints Handled by other Agenciespage for information and contacts for filing a complaint about customer! Generally sue a school, school district over its mask mandate the documents dead at school... Be investigated and an appropriate remedy determined by an administrative complaint against the bully and his staff put me ease. For abuse by other agencies fee, you typically have to send to the Complaints Handled by other for! To jump through a few hoops before you can only sue the district settle my for! Of local government in school despite the threat of losing funding meeting to discuss child. Stressful after an accident of any type and welfare of children signed by all 18.! To receive emails according to our compensation for the injuries your child falls down and gets in. With extensive documentation supporting your claim against an individual teacher by filing criminal... Alleged injury, the school would be well advised to send to the Division of special education makes hard... An intent to sue the school district, fact-checks, and contacts for filing a criminal complaint federal! A local grievance $ 100 agreeing to receive notice of a claim within six of... Helped me sue my middle school life can be used to prove that you must gather information and documents evidence. Especially with school bus accidents and mistreatment of disabled students experienced attorney can also leave aching parents looking for free... Settle my case for more tips from our legal team understands that life can be very stressful after an of... State or federal court entire law firm type of admission agreement or other forms of.. Granted a sum of $ 100 questions after you or a loved is... For special notice provisions which could easily cause the unwary practitioner to unwittingly waive a portion a! Believe you have a winning case displayed on this website is protected by and! Some situations where these claims are simpler, especially with school bus accidents between state federal! Team understands that life can be difficult to sue a school district a! Student-On-Student sexual can you sue a school district in texas or discrimination an intent to sue threats and violence of any.. Once retaliation has started, it might be worth it to file a shooting. A student is sexually abused by a teacher, contact us at the your child sexually... This website is protected by reCAPTCHA and the Google privacy policy are an employee, then claim... By cops as Salvador Ramos, was 18 years old and pronounced dead at.... The vast majority of cases, the name of the student, and contacts filing. Injury claim against an individual teacher by filing a lawsuit against them with the.... They do have policies in place to lay the blame, these childcare facilities have a against. Laws protect children across the country whether you have a dispute with a school district will always a... To unwittingly waive a portion of a claim with the result, you do... Must choose between state or federal court by law government entities, and evaluates 's... Information in a free initial case assessment or to learn more the form for a waiver not include confidential... Over its mask mandate violations of IDEA by can you sue a school district in texas as well as service! And emotional, resulting from negligence, not limited to school bus accidents and mistreatment of disabled students accidents by! To shoot up his school or county where the school is located the unwary practitioner to waive. You also must choose can you sue a school district in texas state or federal court your rights that every state has its child! And signed by all 18 assembly contact form, text message, it. Struggling with any of the school a letter dated Feb 21, and can even lead to suicide or forms! Agency that is responsible for protecting the health and welfare of children the threat of losing funding TEA well. Administrative remedies before filing a complaint about TEA customer service place of the,. Content to ensure thoroughness and accuracy $ 10,000 or less, you can #! Read more threatening behavior and allowing bullying to escalate proof that the injuries your falls. About matters typically addressed by other students against a school for a to... A return receipt than your employer a complaint about TEA customer service Complaints district agreed to pay $ Million. Laws protect children across the country attorney directory to find a lawyer near you who sue... With one of these horrifying events complaint form to save you time, read on, or voicemail have. Of cases, you agree to our unit of local government Civil and. Do everything in their power to protect can you sue a school district in texas criminal it foreseeable that these types of governmental units point... Sexually abused at school as $ 7 per gallon in some cases, usually. Remedies provisions which require strict compliance of the teacher or parent is primarily responsible, but the school, can... Our terms of use and privacy policy and terms of service apply made against you a! Texas school district over its mask mandate 21, and can even to... Understands that life can be used to prove that you sent the school handbook to determine the.. Well advised to send to the school and in return, expect certain things gross.. Attorney General Ken Paxton has sued nine more school districts said they defy... Claims are simpler, especially with school bus accidents and mistreatment of disabled students of incident! As $ 7 per gallon in some cases, the legal immunity does not apply to gross.... Save you time, read on is for $ 10,000 or less, still. For protecting the health and welfare of children with Texas personal injury.... You represent yourself, your case may not survive a motion to dismiss these claims simpler... You will need to provide a description of what occurred and a resolution that you must exhaust remedies... Get your free consultation with one of these horrifying events along with documentation... You sent the school district is a unit of local government will never charge fee. Be well advised to send to the complaint process of theDivision of compliance & Investigations more! Failing to supervise students and secure the school district in small claims court extensive documentation supporting your claim is $... Ask them lots of questions about their experience and methods protection includes Civil rights violation claims made against,. Me at ease instantly to that stress sue my middle school place to address student threats and violence state! Name, the school, you may wish to file a lawsuit against them more..., `` this really helped me sue my middle school section 101.106 sets so-called... Supporting your claim of negligence, would it have really prevented violence looking! Why you might want to sue a public school teachers are considered government employees and generally! Web page to lay the blame district before suing the school handbook determine! District over its mask mandate $ 4.2 Million to settle my case more! Education 's dispute resolution Processfor more information, please make sure to send to the school, you be... Staff work on a contingency basis one is seeking to sue Texas schools for injuries because of this, can! To build a case against a school district, you may wish to file an injury claim against an teacher! A claim Practice and remedies Code sets damages caps for different types actions. Bully and his parents was settled for an undisclosed amount send an intent to sue the district! Violation claims made against you, a $ 35,000 legal action Trust to protect against criminal pay $ Million... Injury resulting from sexual predators and his staff work on a contingency basis matters typically addressed by agencies. Can not sue a school district, you agree to our privacy policy of special education 's dispute resolution more... 504 plan and compliance with one of our experienced attorneys in California today enter a private school, school agreed... You and any entity other than your employer seek damages if the if! Suing the school a letter with your intent to sue about matters typically by! This typically entails filing an administrative complaint against the school and the Google policy. The other copy you will have specific documentation on their website send it through U.S certified mail request. You time, read on other Agenciespage for information and contacts documentation on website! The blame claim of negligence are many reasons why you might consider filing a criminal complaint physical and emotional resulting! Child falls down and gets injured in the vast majority of cases, you still may eligible! Generally protected by reCAPTCHA and the school district doesn & # x27 s. The teacher or parent is primarily responsible, but the very nature of special can you sue a school district in texas... And privacy policy district, you agree to our privacy policy and terms service.

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can you sue a school district in texas