Filing a lawsuit against a school in Massachusetts is far from simple. Between governmental immunity laws, strict deadlines, and procedural hurdles, families often face a complex legal path. Whether the incident involves bullying, negligence, discrimination, or injury on school property, parents and students need to understand what legal options exist—and where the barriers lie.

This article breaks down the key factors that determine whether you can sue a school in Massachusetts, how the process works, and what to expect when pursuing a claim against a public or private educational institution.

When Can You Sue a School in Massachusetts?

Massachusetts law permits lawsuits against schools under specific circumstances, but the type of school matters. Public schools are protected under the Massachusetts Tort Claims Act (MTCA), which limits when and how lawsuits can be filed. Private schools, on the other hand, operate under general tort law with fewer procedural restrictions.

You may have legal grounds to sue if the school or its employees:

• Failed to protect a student from foreseeable harm (e.g., bullying, physical violence)
• Were negligent in maintaining safe facilities or supervising students
• Violated anti-discrimination laws (race, sex, disability, religion, etc.)
• Engaged in misconduct or abuse
• Wrongfully expelled or suspended a student without due process

However, emotional distress, educational malpractice, or generalized dissatisfaction with academic performance are not typically considered valid claims under Massachusetts law.

Public vs. Private Schools: Different Legal Rules

Public Schools: These institutions fall under government control and benefit from sovereign immunity. The MTCA allows lawsuits only under limited circumstances, such as:

• Personal injury or property damage caused by negligence
• Misconduct by employees acting within the scope of their job

There are damage caps under the MTCA: plaintiffs can recover no more than $100,000 in most cases, regardless of the severity of the injury. Also, punitive damages are not allowed.

Private Schools: Private schools are not bound by the MTCA and can be sued for a wider range of torts. This includes negligence, breach of contract (e.g., failing to meet stated policies), or violating civil rights statutes. There is no damages cap, but the burden of proof remains high.

What’s Required Before Filing a Lawsuit Against a School in Massachusetts?

Before initiating a lawsuit against a Massachusetts public school, specific steps must be followed:

1. Notice of Claim:

You must notify the relevant public agency—in this case, the school district—within two years of the alleged incident. The notice must include key facts, such as:

• Time and location of the event
• Nature of the injury or harm
• Damages suffered
• Identities of those involved

Failure to submit this notice in time may result in an automatic dismissal of your claim.

2. Statute of Limitations:

Lawsuits must generally be filed within three years from the date of injury or discovery of harm. However, if the injured party is a minor, the timeline may be tolled (paused) until they turn 18.

3. Exhausting Administrative Remedies (for some claims):

In discrimination or special education disputes, Massachusetts law often requires that all internal and administrative processes (such as filing complaints with the Office of Civil Rights or pursuing remedies under the Individuals with Disabilities Education Act) be exhausted before you can sue.

Types of Lawsuits Commonly Brought Against Schools

Parents and students may pursue different legal paths depending on the nature of the harm:

Negligence and Injury:

If a child is injured due to lack of supervision, unsafe premises, or staff negligence, a personal injury claim may be viable. For example, a playground injury caused by faulty equipment or lack of oversight could trigger school liability.

Bullying and Harassment:

Schools are obligated to prevent peer-to-peer harassment. If a school knew—or should have known—about ongoing bullying and failed to act, they may be held liable under state or federal civil rights laws.

Discrimination:

Massachusetts schools must comply with laws prohibiting discrimination based on race, gender, disability, sexual orientation, or religion. Violations may be addressed under Title IX, the Americans with Disabilities Act, or Massachusetts General Laws Chapter 151C.

Wrongful Discipline or Expulsion:

Students have a right to due process. If a school expels or suspends a student without fair notice or hearing, parents may have grounds for a legal challenge—especially in public schools.

Sexual Abuse or Assault:

Victims of abuse by teachers, staff, or fellow students may sue the school if negligence enabled the misconduct. Schools can be held accountable for failing to screen employees, ignoring warning signs, or mishandling reports.

Legal Barriers That May Limit Your Claim

Filing a lawsuit against a Massachusetts school is never guaranteed to succeed. Plaintiffs face several key obstacles:

• Immunity for Discretionary Acts: Public school staff cannot be sued for decisions made using their judgment unless they were grossly negligent.
• Limited Damages: As mentioned earlier, recovery against public schools is capped.
• Burden of Proof: Plaintiffs must show not only that harm occurred, but that the school failed to meet its duty of care or violated a legal standard.
• Complex Evidence Requirements: Proving negligence, discrimination, or misconduct often requires detailed records, witness testimony, and expert analysis.

Why Legal Representation Is Often Essential

Given the procedural complexity and high burden of proof, most families will benefit from hiring an experienced attorney. A lawyer familiar with Massachusetts education law can:

• Ensure deadlines and notice requirements are met
• Help collect school records, incident reports, and witness statements
• Evaluate whether administrative remedies must be exhausted
• Guide you through settlement discussions or court proceedings

Legal counsel is especially important when the school district denies responsibility or aggressively defends its policies and staff actions.

Conclusion

Suing a school in Massachusetts is possible—but challenging. Whether you’re confronting discrimination, physical injury, or systemic neglect, understanding your rights and the legal process is essential. Public schools are shielded by strict laws, while private schools allow broader claims but still demand clear proof of wrongdoing. Meeting deadlines, filing notices, and documenting the facts thoroughly can make all the difference. Before proceeding, consult with a qualified attorney who can assess the strength of your case and steer your claim in the right direction.

Injured? The Office of Brandon J. Broderick, Personal Injury Lawyers, Can Help

If the unfortunate happens and you’ve been injured in an accident, don’t go it alone. An experienced lawyer can advocate for your best interest and pursue fair compensation for your damages. At Brandon J. Broderick, Attorney at Law, you can count on us to work tirelessly for your quality of life. Our long track record of success has helped people like you move forward after sustaining an injury caused by another’s negligence.

Contact us now for a free legal review.