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Texas Education Law Questions & Answers
1 Answer | Asked in Education Law for Texas on
Q: Ferpa violation

Security Video leaked by school

District causing my daughter distress.

John Michael Frick
John Michael Frick
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...
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1 Answer | Asked in Adoption, Education Law and Family Law for Texas on
Q: can’t my (adopted mom) aunt-hold my legal documents if i’m 18 and still in high school?

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

John Michael Frick
John Michael Frick
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...
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1 Answer | Asked in Internet Law, Education Law and Civil Rights for Texas on
Q: is my teacher allowed to get rid of something I wrote in my own time without my permission?

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

James L. Arrasmith
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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

1 Answer | Asked in Education Law and Immigration Law for Texas on
Q: Can my friend now return on a US tourist visa after their student visa was cancelled due to a fight at school in 2016?

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?

James L. Arrasmith
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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

1 Answer | Asked in Civil Litigation, Civil Rights and Education Law for Texas on
Q: Please help with rules regarding gun hidden in locked vehicle belonging to 18 yr who is waiting for actual LTC license

Texas school, zero issues. We believe the school has violated his rights. He can't do SR activities even though he did nothing wrong

James L. Arrasmith
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answered on Feb 24, 2024

In Texas, there are specific rules regarding the possession of firearms on school grounds. Generally, it is illegal for anyone to possess firearms on school property, including in vehicles parked on school premises. However, there are exceptions for individuals who have a valid License to Carry... View More

2 Answers | Asked in Civil Litigation, Consumer Law and Education Law for Texas on
Q: got a degree in media advertising in 2010 and the following years it all went online, most of what I learned is useless

could I sue my University for this, I now have to pay all this student loans for something does not work anymore

Tim Akpinar
Tim Akpinar
answered on Feb 27, 2024

Without knowing additional details, I would agree with Mr. Frick. It's a given that course materials could become obsolete with new technologies. However, if certain representations were made to students, that could be a different story. Keep in mind that looking into such a lawsuit could... View More

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1 Answer | Asked in Education Law, Appeals / Appellate Law and Civil Rights for Texas on
Q: Who can investigate a school districts decision of discipline, if you believe they were wrong?

My son was suspended for a argument that led up to 30days alternative and the school report him to be a violation of bullying. After the 30 days a harassment charge was filed and he was given 45 more days because they said he was threatening on the day that was to be his last day of... View More

James L. Arrasmith
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answered on Feb 1, 2024

When you believe that a school district's disciplinary decision for your child is wrong, there are steps you can take to seek a review of the decision. The specific process may vary depending on the school district's policies and the state's educational regulations.... View More

1 Answer | Asked in Employment Law, Personal Injury, Civil Rights and Education Law for Texas on
Q: Can a teacher who has been cleared of wrongdoing remain on paid administrative leave indefinitely?

I'm a teacher who has been on paid administrative leave for months. The allegation was investigated and determined to not have happened (false allegation by disgruntled student). I have never had problems at the school, I have never been reprimanded or written up, my evaluations have always... View More

James L. Arrasmith
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answered on Jan 30, 2024

In your situation, remaining on paid administrative leave indefinitely after being cleared of wrongdoing is not typical. School districts generally have policies and procedures regarding the duration of administrative leave, especially after an investigation concludes with no evidence of... View More

1 Answer | Asked in Education Law for Texas on
Q: Can a college let student retake a exam and not give extra credit to those that passed

Students had an exam that consists of 4% they didn’t take it serious an failed. The school allowed them to retake the exam. Students that did pass but there complete average for the class was still not passing did not get any points rewarded for passing on the 1st attempt to help out with there... View More

James L. Arrasmith
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answered on Dec 17, 2023

No, it would generally be considered unfair for a college to allow some students to retake an exam without offering any extra credit to students who passed the exam on the first try. Here is some relevant information on this:

• Most colleges have policies around make-up exams and...
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1 Answer | Asked in Education Law and International Law for Texas on
Q: In accordance with Texas law, aside from scholarships, what alternative methods exist for international students to qua

Hi, I heard that under Texas law, international students can qualify for in-state tuition rates by receiving a competitive scholarship. Are there other methods besides scholarships that allow international students to be eligible for in-state tuition? Could you provide a brief explanation of these... View More

James L. Arrasmith
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answered on Dec 14, 2023

In Texas, international students have limited pathways to qualify for in-state tuition rates aside from obtaining a competitive scholarship. One such method involves establishing Texas residency, but this can be challenging for international students due to visa restrictions.

International...
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2 Answers | Asked in Immigration Law, International Law, Education Law and Business Law for Texas on
Q: Can International Students Open an LLC in the state of texas?

I have a question about establishing an LLC in Texas. Is it possible for international students to form an LLC in the state, considering the restrictions on off-campus work? Specifically, if we hire employees from other countries to perform the work, is this a viable option? Additionally, if... View More

Glendia  Del Evans
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Glendia Del Evans
answered on Dec 20, 2023

First consult a TX business lawyer regarding non-citizens owning an LLC. F-1 student visa will only allow very passive involvement, and you cannot draw a salary or profit from the LLC. There are options through an LLC to petition for it's owner but it depends on the employment-authorized... View More

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2 Answers | Asked in Immigration Law, International Law, Education Law and Business Law for Texas on
Q: Can International Students Open an LLC in the state of texas?

I have a question about establishing an LLC in Texas. Is it possible for international students to form an LLC in the state, considering the restrictions on off-campus work? Specifically, if we hire employees from other countries to perform the work, is this a viable option? Additionally, if... View More

James L. Arrasmith
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answered on Dec 12, 2023

International students in Texas can establish an LLC, but it's important to navigate this carefully due to visa constraints. Your student visa status, typically an F-1, places limitations on off-campus employment. However, owning an LLC doesn't automatically equate to employment.... View More

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1 Answer | Asked in Education Law for Texas on
Q: Can my daughter's school criminally trespass me if I had a heated argument with the principal over them violating FERPA
John Michael Frick
John Michael Frick
answered on Dec 11, 2023

A school administrator, school resource officer, or school district peace officer of a school district may refuse to allow a person to enter on or may eject a person from property under the district's control if the person refuses to leave peaceably on request and:

(1) the person...
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3 Answers | Asked in Personal Injury and Education Law for Texas on
Q: can i sue a bus driver for not turning on the bus camera, if a student gets hurt

a friend got on the bus and was slapped for not sitting down, and later when the parent caught wind of this she asked them to review the security tapes, and the bus driver said that they forgot to turn them on.

Tim Akpinar
Tim Akpinar
answered on Oct 27, 2023

A local attorney could advise more definitively as to who could be named in a lawsuit, in terms of employer liability vs. personal liability. In many instances, it's the company that's named, unless there are significant details giving rise to personal liability. If you arranged a free... View More

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3 Answers | Asked in Personal Injury and Education Law for Texas on
Q: can i sue a bus driver for not turning on the bus camera, if a student gets hurt

a friend got on the bus and was slapped for not sitting down, and later when the parent caught wind of this she asked them to review the security tapes, and the bus driver said that they forgot to turn them on.

T. Augustus Claus
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answered on Oct 23, 2023

You may have a potential legal claim if a student gets hurt on a school bus, and the bus driver failed to turn on the security camera as required by the school or school district's policies. However, whether you can sue the bus driver directly or if your claim should be directed against the... View More

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1 Answer | Asked in Contracts, Gov & Administrative Law, Personal Injury and Education Law for Texas on
Q: Field Trip permission slip that includes Indemnity Waiver and Release of liability

I received a field trip permission slip for my child to attend an On-Campus field trip. The school is a public school charter school in Houston, TX. The trip is for Houston Museum of Natural Science Dome to visit the school campus. I was a little taken back when I was asked to sign an Indemnity... View More

Tim Akpinar
Tim Akpinar
answered on Sep 27, 2023

A Texas attorney could advise best, but your question remains open for a week. Unfortunately, such agreements have become more commonplace. They can be binding (I'm not saying yours is or is not) - they usually have to meet certain protocols under state law. These are similar but not identical... View More

1 Answer | Asked in Education Law for Texas on
Q: Is it legal to require 9th graders of a public school to buy novel books for an English class to cover state standards?
John Michael Frick
John Michael Frick
answered on Aug 15, 2023

No. 9th graders can be required to read a novel as part of the school curriculum but cannot be required to buy one. They can borrow novels they are required to read from libraries or from others. In some instances, it may be required to read a particular edition of a novel. So if you have to... View More

2 Answers | Asked in Criminal Law, Education Law and Public Benefits for Texas on
Q: I have a Class C Misdemeanor Drug Paraphernalia charge can I get this expunged or file a nondisclosure? If so, when?

I have a Class C Misdemeanor Drug Paraphernalia charge in Randall County Texas for which I didn't receive deferred adjudication, probation, or a fine for. I was only required to pay court fees/costs. I'm wondering if this can be expunged or if I can only get a nondisclosure. I'm also... View More

John Cucci Jr.
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answered on Aug 11, 2023

In the State of Texas you CAN get that charge expunged. Probably. Texas is tough for getting expungements.

In general, you can get an expungement if the case was dismissed, you won at trial, or you were the victim of ID theft.

See Texas Criminal Law at Chapter 55:...
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2 Answers | Asked in Criminal Law, Education Law and Public Benefits for Texas on
Q: I have a Class C Misdemeanor Drug Paraphernalia charge can I get this expunged or file a nondisclosure? If so, when?

I have a Class C Misdemeanor Drug Paraphernalia charge in Randall County Texas for which I didn't receive deferred adjudication, probation, or a fine for. I was only required to pay court fees/costs. I'm wondering if this can be expunged or if I can only get a nondisclosure. I'm also... View More

T. Augustus Claus
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answered on Aug 10, 2023

In Texas, Class C misdemeanors, including drug paraphernalia charges, are generally eligible for expunction if certain conditions are met. However, there are certain factors that you need to consider:

1. Waiting Period: You may need to wait a certain amount of time after the case is...
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1 Answer | Asked in Education Law and Civil Rights for Texas on
Q: can your school search your unattended backpack

i left my backpack in the bathroom an admin found it and searched it i was told there was no probabale cause other then a random bag in the bathroom

John Michael Frick
John Michael Frick
answered on Mar 1, 2023

It depends on whether the search was reasonable under the circumstances. I can think of several reasons why it might have been reasonable, including:

1) to determine the ownership of the backpack so it could be returned

2) to determine if a bomb or other dangerous device was inside...
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