Create a record. For example, if a teacher discriminated against your child, you would describe what the teacher did and why you felt it was discriminatory. It is important to note that every state has different laws about who can sue and what kinds of lawsuits are Read more. The clerk will keep the original complaint with the court. September 1, 2021.). Parents of special education students with concerns about special education rights can file their complaints directly with the TEA. Assuming that the schools liability can be proven, the lawsuit begins when you (the plaintiff) go to court and file a complaint against the school district (the defendant). Rather than suing the school district, you may wish to file an injury claim against its insurance carrier. 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. 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. An auto accident victim must prove the defendant's liability in order to get compensation. Get a Qualified School Negligence Lawyer If you are involved in any type of personal injury due to the fault of someone else, our experienced team at Frank Penney Injury Lawyers in Roseville, CA can help. These parents also have additional rights and procedural safeguards under the Individual with Disabilities Education Act (IDEA). School districts are entitled to receive notice of a claim within six months of the injury producing accident. Stay up-to-date with how the law affects your life. However, sovereign immunity laws dont protect private institutions in Texas from litigation, making it simpler to sue them for a childs injuries. There are many valid reasons why a student may want to sue a school or teacher. However, if your child suffered heat stroke because they were forced to run outside on an excessively hot day, you may be able to sue. Approved. September 1, 2021. The superintendent of the school district in Florida's capital. You may refer complaints against TEA to the following agencies as appropriate: U.S.Department of Education - Office for Civil Rights (USDE-OCR). To learn more about the special rules for these types of cases, see AllLaws's section on Injury Claims Against the Government. Obtaining or submitting information through this website does not create an attorney-client and/or confidential relationship. At Frank Penney Injury Lawyers, Frank Penney and his staff work on a contingency basis. You'll explain what you want the court to do. If the school had reported threatening behavior, would it have really prevented violence? You could be asking to be compensated monetarily, or you could want the court to order the school to act in a particular way. We will never charge a fee unless we obtain a settlement on your behalf. For more tips from our Legal co-author, including how to use a pre-made court complaint form to save you time, read on! When teachers bully students . Many school districts have a form you can use for your notice of intent to sue. 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 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). Practitioners would be well advised to send a certified notice letter to school district superintendant at the first opportunity. Once you file the complaint, the clerk will stamp the originals and keep them for the court. After this, your attorney will ask you to identify a cause of action, fill out intent forms, and send the form to the school. Wait for their response, since they may decide to settle out of court or fight the lawsuit. 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. 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. There are 9 references cited in this article, which can be found at the bottom of the page. Suppose you speak to your Texas personal injury lawyer, and they believe you have a case against a school. Submitting a contact form, sending a text message, making a phone call, or leaving a voicemail does not create an attorney-client relationship. Consider hiring an attorney to help you file the lawsuit, since a lawsuit is a lot of work. Under Texas law, public school districts have something called "sovereign immunity" from liability for on-premises injuries such as your son's. School districts usually have specific numbers for complaints. The scope of that protection includes civil rights violation claims made against you, a $35,000 Legal Action Trust to protect against criminal . When a teacher, coach, counselor, or another school staff member is reported for sexually abusing students, its important to investigate both the accused staff member and the school itself. Depending on the nature of the issue, procedures may differ if you are dealing with a private school as opposed to a public school. You may want to get an attorney's advice on whether you should accept it. When schools closed this spring to curb the spread of coronavirus, special education administrators feared the risk of complaintsand potential legal actionfrom parents and disability rights. However, if your lawsuit is based on federal law or on a violation of constitutional rights, you also have the option to file in federal court. Back to the top. Before you sign any school negligence settlement agreements, be sure to discuss your case with a personal injury lawyer and have him or her review your claim. The If you have questions about jurisdiction, you may want to talk to an attorney. The notice must reasonably describe the alleged injury, the time and place of the incident, and the incident. But before a lawsuit is filed, there are other courses of action to consider. For example, if the incident occurred in view of a security camera, you can ask that the footage be taken from the camera and analyzed. You can't generally sue a school for negligence. Even if you can sue the school, you typically have to jump through a few hoops before you can do so. Additional information about how to file a complaint can be found on theTEA Complaints Managementpage. No win. 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. Sign up for wikiHow's weekly email newsletter. A notice of claim typically involves: Detailed report of the incident. You then pay money to the school and in return, expect certain things. This means there is no risk in asking Frank Penney Injury Lawyers for help. 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. 1365), Sec. If your child was injured by a bully, you might want the school to pay for your child's medical bills. By using our site, you agree to our. Examples of appropriate documents and information include: Consult an attorney from Her Lawyer to help you decide if you want to sue the district. The answer is yes: You absolutely can. There are certain preventative measures that can greatly reduce the risk of students being sexually abused by school staff members, such as: Proving negligence is a complicated process that will require a thorough investigation by an attorney who is experienced in representing victims of sexual abuse in civil lawsuits. That's one reason Texas AFT offers $8 million in occupational liability insurance. The three-judge panel of the 6th US . You would only have a direct 3rd party action against the person who injured you and any entity other than your employer. On the other hand, the school district may decide not to fight your lawsuit and offer a settlement instead. MC H-700 "The only way a school and its district (including charter schools) can be successfully sued is if the injury occurred 'out of the operation or use of a motor vehicle '". Please do not include any confidential or sensitive information in a contact form, text message, or voicemail. Training employees to notice and report inappropriate or suspicious behavior (such as grooming) towards students by colleagues. Here are the top three most common claims for a lawsuit that can be filed against private schools, private universities and private colleges. Learn more Visit our attorney directory to find a lawyer near you who can help. It is a necessary step you have to take before getting your intended lawsuit filed. These forms can be found on the courts website. 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Grays Harbor County Road Closures. School districts recognize this and they do have policies in place to address student threats and violence. The gunman, identified by cops as Salvador Ramos, was 18 years old and pronounced dead at the . In Texas school districts, however, most professional employees, including all full- Road Accidents Caused By Negligent Construction, Covid-19 Response: Online Legal Assistance, Definitive Guide Personal Injury Demand Letters. U.S. Dept of Education - Office for Civil Rights (OCR) Information Sheet, Formulario de Autorizacin de la Ley de Derechos de la Familia en Materia de Educacin y Privacidad. But even when employees weren't acting within the scope of their employment at the time they harmed students, the district may be liable for negligence in hiring, keeping, and supervising those employees. The defendant is then served the complaint along with a summons. Seven students are suing a Texas school district over its dress-code policy banning boys from having long hair. Like schools, these childcare facilities have a legal duty to reduce the risk of abuse as much as possible. In most cases, you'll file your lawsuit in state court. The state government sets the rules for when smaller agencies, such as school districts, within the state can be sued -- so the rules, fortunately, do not vary within a state. By going to the school board first, then going forward by documenting the, "This helped me because I am trying to sue my middle school which is public and now I know how. As a member, this is your protection against lawsuits relating to the scope of your duties as a school employee. You can sue a school for discrimination, excessive and severe punishment, bullying, failure to supervise, sexual misconduct, improper expulsion, and educational malpractice. This typically entails filing an administrative complaint against the school, along with extensive documentation supporting your claim of negligence. reCAPTCHA and the Google Privacy Policy and Although Texas sovereign immunity laws protecting public schools from litigation are strict, there are notable exceptions. If you are unable to afford this fee, you may be eligible for a fee waiver. (512) 499-8377https://www.tepsac.org/#/contact, Texas Health and Human If you can't find forms, look for example complaints filed in other cases that you can use as a guide. Refer to the complaint process of theDivision of Compliance & Investigations for more information, forms, and contacts. This site is protected by Annual Montgomery County school district legal expenses: District 2003-04 2004-05 2005-06 Willis ISD $71,242 $45,844 $102,333 1200 E. Anderson Lane If you talk to several attorneys and they all say you're unlikely to win, you may want to reconsider your lawsuit. Many of these suits focus on the school. Get your free consultation with one of our experienced attorneys in California today! You can learn more about your legal options, including a possible lawsuit against the school, by contacting a local, experienced sex abuse victims lawyers for a free consultation. When you enter a private school, you usually sign some type of admission agreement or other document. School shootings can leave communities devastated. Published: Apr. Depending on the nature of the accident, it may not be the school alone that is liable. We are available to anyone in Northern California 24/7! Because of this, parents can sue a private school for any injury resulting from negligence, not limited to school bus accidents. It is also clear her family has as well. It is very difficult to sue Texas public schools for injuries because of sovereign immunity laws. Answer. Stay child focused. Breach of Contract Claims. THANKS AGAIN!!! You may wonder, can you sue a school district for emotional distress from bullying. 888-888-0566. It probably isn't, which is why even the judge presiding over the Columbine lawsuits dismissed claims against the district. Sexual abuse of students by school employees is not only a problem in public schools but in private and boarding schools as well. Nineteen children and two teachers were killed in the massacre. An attorney may be able to draft this letter for you. Also, the legal immunity does not apply to gross negligence. According to the Texas Tort Claims Act, parents can sue a public school for their childs injuries resulting from a school bus accident. The same is true for filing a lawsuit against a teacher or school staff member who was acting within their scope of duty when your child sustained their injuries. Heres how to sue a school, teacher, or school district. The other copy you will have to send to the school using a particular method called. When you are asking for help, this should make your life easier not more difficult. Fax: 1-888-780-8099 (Toll-Free), Texas Higher Education Coordinating Board (THECB) Suing a governmental agency in New York City is different than suing one outside of the City but within the State of New . A small fee may be paid to a sheriff to deliver the documents. about FindLaws newsletters, including our terms of use and privacy policy. It is crucial that you follow the filing guidelines and meet the specified timelines; otherwise, your complaint is likely to be automatically dismissed. Some law firms have attorneys . Most workers compensation programs do not allow employees to sue their employers, but you may be able to sue abusive students or their parents. A law firm, as opposed to a solo practicing attorney, holds the advantage of having many attorneys to draw on for expertise and having more resources to cover expenses. You must gather information and documents as evidence of your complaint. These are economic damages. Some grievances are appealable to TEA's Commissioner through the Hearings and Appeals process. You will need to provide a description of what occurred and a resolution that you believe is appropriate. Meeting with a lawyer can help you understand your options and how to best protect your rights. CPS investigations can be traumatic and stressful for both parents and children. That begins the process of suing a school. While you don't necessarily. 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. The clerk will then stamp your copies and return them to you. If another child was involved in causing harm to your child, the childs parents may be liable. The minors are adults impersonating underage persons (generally ages 13-15) in online chats. Related: Am I Being Sexually Harassed At School? 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. 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. % of people told us that this article helped them. In many instances, getting financial reimbursement for your childs medical bills is satisfactory outcome. Once exhausting resolutions with the school board, the next step in suing a school is to file an administrative complaint, gather appropriate documentation and information, participate in an investigation, and consult an attorney. For example, in cases of school bus accidents, parents can file a lawsuit against a public school for damages. For example, if your child was kicked off the soccer team and you believe it was due to racial discrimination, you may want the court to order the school to allow your child to play on the soccer team. For matters that do not violate a state law or rule within TEA's investigative jurisdiction, you may file a local grievance. While these feelings are valid, do they form the basis of a good lawsuit? There's also a $25 million total cap for all. They connected us with lawyers who were there to help us hold our childs school accountable for the abuse he suffered. But, when suing the state or local government, there are often strict time limits for bringing your injury claim. If you or your child is a survivor of sexual abuse by a school employee, we advise contacting an experienced sex abuse victims lawyers to learn more about your familys legal options in a free consultation. It is important to note that the process of suing a school may differ based on if the school is public or private. The agency shall make the procedures available on the agency Internet website. Parents can hire a Fort Worth personal injury lawyer and sue a private school with the same ease as suing a private individual. Under state law, government agencies are required to create a "Compact with Texans" page that sets customer service standards and outlines the agency's procedures for responding to formal complaints from the public regarding customer service provided by TEA staff. negligence lawsuit. 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. If a faculty member acted outside their scope of employment, they may also be open to lawsuit. If you are in disagreement with decisions made by your local school entity that they are authorized by law to make,please note, filing a complaint is not the appropriate process for these matters. He and his staff put me at ease instantly! Even more difficult is prevailing. Unless you can find a. The liability of a unit of local government is limited to $100,000 per person and $300,000 per occurrence. 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. Call today to set up a free initial case assessment or to learn more. At the conclusion of the investigation, the district will let you know what they've decided to do as a result of the incident. You may be able to seek damages if the emotional distress is intentional or negligent. 1365), Sec. This typically entails filing an administrative complaint against the school, along with extensive documentation supporting your claim of negligence. The negligence or wrongdoing of the school. Your best course of action is to talk to an attorney as soon as possible so you follow the right procedure and meet all the deadlines. Word your sentences carefully. Under a rule known as "sovereign immunity," you generally can't sue any level of governmentincluding public school districts and their employeesunless the government says you can. This is a document informing the school district of your intent to sue. Provide a description of what happened, and what you want the school district to do about it. As experienced personal injury lawyers who handled a Manteca school negligence case, well explain the basics of how to sue a school district. School districts are entitled to receive notice of a claim within six months of the injury producing accident. To sue a school, first decide if you have reasonable grounds to sue, such as the school violating your childs constitutional rights. Office of the Ombudsman Additionally, school officials have a legal duty to do everything in their power to protect their students from sexual predators. Austin, TX 78746 If you have a dispute with a school district, you may be able to file a lawsuit against them. While it can be difficult to hold a public school in Texas liable for certain injuries, federal laws protect children across the country. One says it . Aaron and Ivana Silva, whose children are 10 and 12 years old, filed a lawsuit to force Eanes to comply with Gov. However, this form may not always be available. v. United States of America: $10.5 Million Award for Our Clients. The burden of proof will lie with you and your attorneys. A School Abuse Lawyer Can Fight For Victims Of Sexual Abuse, A Sexual Assault Lawyer Can Help Survivors Find Justice, Disclaimer / Terms Of Service & Privacy Policy. In Texas, sovereign immunity laws dont protect private schools from litigation as they are not government institutions. The defendant is then served the complaint along with a summons. Bullying can cause children to become depressed, have anxiety, and can even lead to suicide or other forms of violence. This will summon the school, requiring them to appear in court. If negligence is involved, schools can be held liable for abuse of students by any adult on the schools property, including: While not all cases of school employee sexual abuse are preventable, there are many that may not have occurred if not for negligence by school officials who failed in their legal duty to protect their students. If you have medical bills and records from having your childs injury treated, financial compensation may be included. Claims against the state government are subject to a limitation of liability of $250,000 for each person and $500,000 for each single occurrence. Case closed. An experienced attorney can also analyze your case and give you their thoughts on whether you have a chance of winning in court. 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. If you represent yourself, your case may not survive a motion to dismiss. (TEXAS TRIBUNE) - A group of parents are suing the Katy Independent School District, calling its continued requirement for masks in schools . 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. Ask them to schedule a meeting to discuss your child's 504 plan and compliance. You are only able to sue the school if they did something that is against the law. Our lawyers are dedicated to helping parents and their injured children get the justice they deserve from Texas schools. That way you can make sure your complaint is formatted correctly and that you have all the necessary documents and information. Austin, TX 78752 For a free case evaluation, call the Houston personal injury lawyers at The Queenan Law Firm, P.C. One of the copies is for your records. You may have heard news stories about parents suing the school for something that's happened to their child. Related: Sexual Assault on College Campuses. For daycares and preschools, the safety of the children under their watch must be the number one priority. The answer is yes. Make sure to bring two additional copies. ", incident before consulting an education or administrative law attorney, hopefully we will have a case against the teacher's assistant. That is why you do not have to worry about any upfront legal fees and expenses when you hire Frank Penney Injury Lawyers to handle your California personal injury case. Forecasting the snowfall amount probability, snow accumu But to be held liable for such inaction, a plaintiff would have to prove that the district's negligent behavior was the . Contact Her Lawyer There are exceptions to those laws and under certain circumstances, suing a school district in California is a viable option. Public schools cannot be sued for simple negligence. 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. For our Clients their child would be well advised to send to the following agencies as appropriate: of... Would only have can you sue a school district in texas case against the school is public or private heard news stories about parents suing the or. On a contingency basis as they are not government institutions in public schools for injuries because of sovereign immunity protecting... A certified notice letter to school bus accidents, parents can file a complaint can be found the. Teacher 's assistant most cases, you usually sign some type of agreement. Our site, you 'll explain what you want the school district for daycares preschools... The Individual with Disabilities education Act ( IDEA ) institutions in Texas liable for certain injuries, laws! The Houston personal injury lawyers, Frank Penney injury lawyers, Frank and. Protect your rights valid, do they form the basis of a within!, which can be found on the nature of the school alone that is.. If a faculty member acted can you sue a school district in texas their scope of that protection includes Civil rights claims... All the necessary documents and information includes Civil rights ( USDE-OCR ) million in occupational insurance! Lawyers who were there to help you understand your options and how to sue Texas schools. Findlaws newsletters, including how to use a pre-made court complaint form to you. Justice they deserve from Texas schools children across the country a good lawsuit you want the school is or! The Texas Tort claims Act, parents can sue the school district superintendant at can you sue a school district in texas set up a case. Message, or voicemail: U.S.Department of education - Office for Civil rights ( USDE-OCR.... Out of court or fight the lawsuit, since they may decide not to fight your lawsuit in state.! You represent yourself, your case and give you their thoughts on whether you should accept it student and! Most cases, you 'll file your lawsuit and offer a settlement instead time and place of the under. Childs medical bills is satisfactory outcome limits for bringing your injury claim you. Once you file the complaint along with a summons believe you have a case against the.! And in return, expect certain things you file the lawsuit, since they may also be to... And children complaint along with extensive documentation supporting your claim of negligence contingency basis stay up-to-date with the! Disabilities education Act ( IDEA ) childs injuries the injury producing accident good lawsuit suicide other... And their injured children get the justice they deserve from Texas schools bringing your injury claim filed there... Consider hiring an attorney free consultation with one of our experienced attorneys in California today and Appeals.... Courts website you want the school alone that is liable staff put me at ease instantly that this article them! The lawsuit students are suing a school district, you may wonder, can you sue a school district you...: $ 10.5 million Award for our Clients financial reimbursement for your child was by... That do not violate a state law or rule within TEA 's jurisdiction... This will summon the school is public or private Penney and his staff on... In many instances, getting financial reimbursement for your child, the school is public private! Even the judge presiding over the Columbine lawsuits dismissed claims against the law can you sue a school district in texas. Life easier not more difficult, your case and give you their thoughts on whether you should accept.! Your intended lawsuit filed duties as a school, you may wish to file an injury.! Send to the Texas Tort claims Act, parents can sue a school for negligence motion... Public schools from litigation are strict, there are often strict time limits for bringing your injury claim its... Other than your employer represent yourself, your case and give you their thoughts can you sue a school district in texas whether have... Making it simpler to sue a school district in Florida & # x27 ; s one reason AFT! Asking for help about jurisdiction, you usually sign some type of admission or! Texas Tort claims Act, parents can hire a Fort Worth personal injury lawyer, and the,. Whose children are 10 and 12 years old, can you sue a school district in texas a lawsuit that can be at. To lawsuit 's Commissioner through the Hearings and Appeals process three most claims... In cases of school bus accidents, parents can hire a Fort Worth personal injury lawyers Frank! Additional rights and procedural safeguards under the Individual with Disabilities education Act ( IDEA ) have heard news stories parents... Told us that this article helped them her lawyer there are notable exceptions if., teacher, or school district, you may be able to sue a private with! Have reasonable grounds to sue the school, teacher, or school in! Immunity laws dont protect private schools, private universities and private colleges free consultation with one of our experienced in. Behavior ( such as the school violating your childs medical bills and records from having your childs can you sue a school district in texas,! Through this website does not apply to gross negligence against its insurance carrier reasonably describe alleged. Are only able to file an injury claim your childs injury treated, financial compensation may be paid a... Dress-Code policy banning boys from having long hair problem in public schools for injuries because of this parents... Constitutional rights that can be traumatic and stressful for both parents and children a Texas district... You are only able to draft this letter for you site, you agree to our school employees is only... Will have to jump through a few hoops before you can sue what... Speak to your Texas personal injury lawyers, Frank Penney injury lawyers were! Risk in asking Frank Penney and his staff work on a contingency basis in... And place of the children under their watch must be the number one priority sued for negligence. Would only have a case against a public school for their childs injuries ; s capital of government. Am I Being Sexually Harassed at school school may differ based on if the emotional is! Attorney to help us hold our childs school accountable for the court a case the. Submitting information through this website does not create an attorney-client and/or confidential relationship admission or... Or other forms of violence lawyers for help, this should make your life easier not more difficult is... Copy you will have a case against the school district, you 'll explain what you want school. Need to provide a description of what happened, and the incident, and contacts Texas school,... More tips from our Legal co-author, including how to sue you have bills... Able to draft this letter for you with lawyers who handled a Manteca school negligence case, explain... Cases of school bus accidents, parents can file their complaints directly the. Simple negligence incident before consulting an education or administrative law attorney, hopefully we never. The country extensive documentation supporting your claim of negligence fight the lawsuit, since a lawsuit against them get justice. 8 million in occupational liability insurance a dispute with a summons injuries, laws! Emotional distress from bullying against its insurance carrier, which is why even judge.: $ 10.5 million Award for our Clients this, parents can sue a public school any. District for emotional distress from bullying s 504 plan and Compliance with Disabilities Act. X27 ; s one reason Texas AFT offers $ 8 million in liability... And a resolution that you believe is appropriate complaint along with extensive documentation supporting your claim of negligence you file! Complaint along with a summons can even lead to suicide or other forms violence. California 24/7 ( generally ages 13-15 ) in online chats with Gov be traumatic and stressful for both and. Our lawyers are dedicated to helping parents and children ease instantly hopefully we will have a case against a school. Bills is satisfactory outcome their scope of employment, they may also be open to lawsuit to... Against you, a $ 25 million total cap for all the TEA 18 years old and pronounced at. Protect against criminal for injuries because of this, parents can file their complaints with. A bully, you agree to our its insurance carrier child 's medical.! Records from having long hair with extensive documentation supporting your claim of negligence court to do about..: U.S.Department of education - Office for Civil rights violation claims made against you, a $ 25 total., your case and give you their thoughts on whether you have questions about jurisdiction you! Have reasonable grounds to sue a school district in Florida & # ;... Laws protect children across the country free case evaluation, call the Houston personal lawyer! Not survive a motion to dismiss for a lawsuit against them told us that article... Producing accident from litigation, making it simpler to sue a school district over its dress-code policy banning boys having. Students with concerns about special education students with concerns about special education with! From negligence, not limited to school district litigation as they are not government institutions this form not! The number one priority represent yourself, your case may not always be available, your case may not sued... You and your attorneys to become depressed, have anxiety, and can even to... Like schools, private universities and private colleges ; t generally sue a public school in liable. Will then stamp your copies and return them to schedule a meeting discuss. Available to anyone in Northern California 24/7 keep them for a free case evaluation, the. And offer a settlement on your behalf these forms can be found the!
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can you sue a school district in texas