Longview, TX asked in Civil Rights and Education Law for Texas

Q: Under the Texas education code 37.004. Why it doesn't apply to students 18 and over.

Why special education department don't interfere with the law.

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James L. Arrasmith
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Answered
  • Civil Rights Lawyer
  • Sacramento, CA

A: Texas Education Code 37.004 primarily applies to students under the age of 18 because it focuses on the behavior and discipline of minors within the school system. Once students reach 18, they are considered legal adults and are generally subject to different laws and regulations. This age distinction aligns with broader legal principles that differentiate between minors and adults in various aspects of the law.

For students who are 18 or older, disciplinary measures might fall under different sections of the education code or other legal statutes that apply to adults. Schools still have policies to manage behavior, but the approach and legal framework can differ. Understanding this helps you navigate the education system more effectively.

The role of the special education department is to ensure that students with disabilities receive appropriate educational support and accommodations. Their primary focus is on providing tailored educational plans rather than enforcing disciplinary actions. This division of responsibilities ensures that each department can concentrate on its specific mandate, providing the best possible support for students.

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