Get free answers to your Education Law legal questions from lawyers in your area.
I was arrested for domestic/family violence, but the case was dismissed in less than a month. Unfortunately, the arrest and report cannot be expunged for three years. I am a teacher assistant, and my license is currently under investigation by the Texas Education Agency (TEA). I have communicated... View More 
My child was sent to an alternative school last week because she declined a search when she requested for a parent to be present, which was denied by the school. Despite her refusal, her bag was searched. Following this, she was placed in SDGC for 60 days. There is a student handbook, but my child... View More
answered on Mar 6, 2025
Theoretically you can appeal. You will need to prove that your child did not decline to allow the search. Asking for a parent to be present is irrelevant as that request was denied by the school, which the school has the right to do. It is similarly not important that your child was not aware of... View More
I am seeking legal advice regarding bullying at my daughter's school in Texas. Despite contacting school administrators for months, we feel there has been insufficient action taken. My daughter has been hospitalized twice for mental health issues related to the bullying and is now terrified to... View More
Over two years ago, my service record with a previous school district was updated without my knowledge, reportedly due to an error in the number of service days while I was on FMLA leave for a short period during my first year of employment. I discovered discrepancies when contacted by the... View More
I am reaching out to inquire about the accreditation requirements for establishing an online virtual primary school in Texas. Specifically, I would like to understand the following:
- The steps required to obtain accreditation for an existing online virtual school from the Texas Education... View More
I was placed in a district alternative education program after making a joke about Hitler, which the school perceived as a threat, and because I refused to allow a search. Previously, I've been placed in DAEP, but for different reasons. I had a discussion with the assistant principal but was... View More
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answered on Jan 13, 2025
I'm sorry you're facing this difficult situation. Begin by collecting all relevant documents, such as emails, notices, and any evidence that supports your case. Keep a detailed record of all interactions with staff members involved in your expulsion.
Reach out to a trusted... View More
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answered on Jan 13, 2025
I'm sorry you're facing these challenges at your charter school. Start by documenting every incident of misconduct and any details related to your expulsion. Keep records of dates, times, what was said or done, and any witnesses who can support your account.
Next, review the... View More
The student (who is on medication for ADHD/anxiety) ended up going to her family doctor, got drug tested, was cleared. She was still suspended for 3 days, then had to make up hours after school for the days she missed. The AP told the parent that he "prayed"over the situation and that... View More
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answered on Jan 5, 2025
I'm sorry to hear about the challenges your student is facing. Under Section 504 of the Rehabilitation Act, students with disabilities are entitled to accommodations that support their educational needs. Suspending a student solely based on suspicion without clear evidence can be problematic,... View More
I have got dismissed from the university what should be my next steps as well as consequences
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answered on Oct 26, 2024
I'm sorry to hear about your dismissal. First, carefully review the official notice to understand the reasons behind the decision. Gather any relevant documents and consider if there are grounds to appeal the decision based on university policies. Reach out to your academic advisor or the... View More
A 18 year old student receiving special education services removed/incarcerated
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answered on Jul 20, 2024
No, Texas Education Code 37.004 can still apply to an 18-year-old student receiving special education services. Even if you are 18, if you are still enrolled in school and receiving these services, the protections and procedures outlined in this code remain relevant.
If you are removed or... View More
Why special education department don't interfere with the law.
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answered on Jul 27, 2024
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... View More
After the statue has passed. Is this still considered a federal civil rights law. That has a statue of seven.
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answered on Jul 21, 2024
If an adult student receiving special education services was arrested at school, Education Code 37.004 might not be applied if the situation doesn't involve disciplinary actions that typically trigger its use. This code is generally related to the removal of students with disabilities for... View More
I read that it is a civil rights federal violation. Is federal seven years?
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answered on Jul 28, 2024
When the statute of limitations for a 37.004 violation has passed, it can be challenging to pursue legal action. However, there are still steps you can take. Start by gathering all related documents and evidence to have a clear understanding of your case.
Next, consider reaching out to... View More
Security Video leaked by school
District causing my daughter distress.
answered on May 20, 2024
In most instances, security surveillance cameras are used in places that do not violate a student's privacy rights under FERPA like building exteriors, hallways, parking lots, and classrooms.
If a surveillance camera was placed in another area that does violate your daughter's... View More
The district has performed false Ard Committee meetings and had my children under regular general Ed program when they have more learning disabilities and one of my children has autism diagnosis
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answered on May 24, 2024
Yes, you can sue a charter school for discrimination if your child with learning disabilities, including autism, has not received appropriate accommodations. The Individuals with Disabilities Education Act (IDEA) and Section 504 of the Rehabilitation Act protect students with disabilities, ensuring... View More
hello i am 18 and still in high school and was adopted by my aunt and uncle. i have recently moved out and she (my aunt) is refusing to give me my legal documents-such as my Social security card, birth certificate, and mail-also can she throw away my mail?. is this in anyways legal? and if she... View More
answered on Apr 8, 2024
While it is probably wrong for your aunt to withhold important documents like your social security card and birth certificate from you, I doubt law enforcement will deign to get involved. Simply request duplicates from the appropriate government office.
A person cannot lawfully divert mail... View More
hello i am 18 and still in high school and was adopted by my aunt and uncle. i have recently moved out and she (my aunt) is refusing to give me my legal documents-such as my Social security card, birth certificate, and mail (under my name). is this in anyways legal? and if she continues to refuse... View More
answered on Apr 6, 2024
You can get your own SS card and birth certificate. Go to the post office and transfer yourail to the new address .
My friend’s US student visa was cancelled back in 2016 because they were arrested for a fight at their school, and they were forced to return home. Can he now return to the US on a tourist visa for a 5 day family trip?
What steps would he have to take in order to be permitted into the country?
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answered on Mar 5, 2024
If your friend's student visa was cancelled due to an arrest, reapplying for a U.S. visa, such as a tourist visa, involves disclosing this past event during the application process. The U.S. Department of State requires all visa applicants to answer questions about their criminal record, and... View More
I'm in 8th grade and in my English class, I work on a story that I've been writing. admittedly it is during the time I'm supposed to be doing other assignments; however, I do find that the way she (my teacher) handled this was a little over the top.
She threatened that if I... View More
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answered on Mar 6, 2024
Under California law, your teacher's actions could potentially infringe upon your rights, especially if the work was created on your own time and does not violate school policy. Intellectual property laws protect the creations of your mind, and even as a student, you have rights to your... View More
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