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Texas Education Law Questions & Answers
1 Answer | Asked in Family Law and Education Law for Texas on
Q: Can a high school teacher force a student to sign themself out of school and leave campus as a minor?

Kid in question is a good kid from a good home that the teacher for some reason has just never liked.

John Michael Frick
John Michael Frick
answered on Nov 29, 2023

No, a high school teacher does not have either the legal authority or the practical ability to do that.

1 Answer | Asked in Criminal Law, Employment Law, Education Law and Federal Crimes for Texas on
Q: What to do when someone threatened to blackmail someone on something that isn’t true?

My girlfriend is a teacher at a middle school and has a TikTok with a lot of followers. Last night we were at IHOP with some friends and she made a comment about some names given to people will lower their chances of getting hired in the future. It’s literally a fact on google. So today someone... View More

John Cucci Jr.
John Cucci Jr. pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 5, 2023

The only concern would be DEFAMING someone. That is when you say a false statement about someone. Truth is always available to publish or say out-loud.

LMK if you need more info.

I hope this helps.

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: about nursing program school giving out the wrong exit exam.

The nursing program have two chance of taking their final exam. Her first attempt was the traditional format of testing. During the time school, and the board transitioning to a new testing format. And when she went for her second attempt, they gave her the new generation of exam. Which she also... View More

T. Augustus Claus
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answered on Aug 25, 2023

Banning a single mother's child from a public transit bus solely because she is the driver could potentially be considered discriminatory, as it might be seen as targeting her based on her parental status. Discrimination laws can vary, but many jurisdictions, including Virginia, have laws... 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

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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1 Answer | Asked in Civil Litigation and Education Law for Texas on
Q: my daughter was denied lunch in a public school where they separate boys and girls can i do anything?

my daughter who was going to lunch was running a few mins late to get to the cafeteria because she was helping another student and when she got to the cafeteria the girls had already been called to the line and when she went to get her food, she was denied lunch stating girls and boys could not... View More

Tim Akpinar
Tim Akpinar
answered on Feb 21, 2023

A Texas attorney could advise best, but your question remains open for three weeks. At this point, you could reach out to law firms to discuss. However, before you start spending money for a legal investigation, maybe you could contact the school administration to figure out what happened here.... View More

2 Answers | Asked in Education Law and Contracts for Texas on
Q: Does the school owe me more? Or no? Their website said the school could be finished 100% online, but now it can't.

2 months, with school that is with the Texas tdlr, has to drop out this month. I emailed questions before starting to make sure the program was fully online as the school's website stated, I have the school email stating it is fully online, in their handbook it states can finish 100% online.... View More

John Michael Frick
John Michael Frick
answered on Nov 23, 2022

It could be a misrepresentation depending upon what they knew and intended at the time they set up their website, sent the email, published their handbook, and promised you could finish online. Or it could simply be a breach of contract. Or it could be something completely outside of their... View More

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1 Answer | Asked in Education Law and Sexual Harassment for Texas on
Q: Can I do anything against my old school for how they handled sexual assault?

A few years ago while in middle school (we were all about 13), a boy in my grade repeatedly assaulted me and about 13 others. We all decided to report about a year later.

We went to our administrative offices, and the next day a cop was brought in. We were asked basic questions.... View More

John Michael Frick
John Michael Frick
answered on Nov 11, 2022

In Texas, given your age at the time of the conduct, the relevant definition of sexual assault is:

A person commits an offense if the person intentionally or knowingly:

(A) causes the penetration of the anus or sexual organ of a child by any means;

(B) causes the...
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1 Answer | Asked in Education Law for Texas on
Q: I'm in high school and I believe that the lessons being taught are inappropriate. Can I lawfully record the lessons?
John Michael Frick
John Michael Frick
answered on Oct 20, 2022

If the school and school district do not have a rule against recording classroom lessons and the teacher giving the lesson consents, you should be able to lawfully record the lessons for your own personal use.

Many schools prohibit this activity because of confidentiality laws, especially...
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1 Answer | Asked in Civil Litigation and Education Law for Texas on
Q: hi i have a question I am a student at a school can i record at school because it is a public place for my own use

because the first amendment and the school can they go against the constitution if the make a policy

John Michael Frick
John Michael Frick
answered on Oct 19, 2022

If a school does not have a rule or policy against it, you may make a video recording in the public areas of a school.

To make an audio recording of a conversation, you must have permission from at least one of the parties to the conversation. For example, you can record a conversation...
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1 Answer | Asked in Education Law for Texas on
Q: Do colleges have to support SGAs financially and if so how much money do they need to provide?

I am the Parliamentarian for Dallas College Richland Campus and we have a financial problem with our college, they are not providing us enough money so that we may do stuff for students on campus and actually make changes, every time we ask them they shrug us off, can we as SGA sue them or demand a... View More

John Michael Frick
John Michael Frick
answered on Oct 5, 2022

Each year, a portion of a college's student activity fee is allocated to SGA. This is not intended to be the sole source of funding as SGAs are expected to hold their own fund-raising activities throughout the year. Before taking legal action, you need to check to determine whether the... View More

1 Answer | Asked in Education Law for Texas on
Q: College says I didn’t go to class on days that I did and now threatening to drop me, if I don’t make up those hours.

I go to hair school in Dallas, part of graduating is having a certain amount of hours under your belt. The school days are 3 times a week 10 hour days. The school called me in the office today and said I had missed 12.5 days and said I couldn’t graduate unless I made them up. I told them I... View More

John Michael Frick
John Michael Frick
answered on Sep 1, 2022

There is a practical and a legal aspect to your question. Legally, they can require that you attend school for a certain number of hours and, in order to get a license to engage in that occupation, the State requires that you do so.

The practical aspect is proving that you did, in fact,...
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1 Answer | Asked in Education Law for Texas on
Q: In Texas, does the school have to stop questioning a child after they requested a parent or lawyer

My daughter's high had three assistant principals continue to question my daughter after she asked for a parent or lawyer to be present.

John Michael Frick
John Michael Frick
answered on Aug 29, 2022

Generally, school administrators can question students at school without a parent or guardian being present, whether they ask for a parent or lawyer or not. Some school districts have policies to the contrary. A violation of the district policy may subject the administrator to adverse employment... View More

1 Answer | Asked in Education Law, Family Law, Personal Injury and Child Custody for Texas on
Q: I am the custodial parent of a 10 yr. old, the NCP withdrew her from school w/out my permission and moved, can I sue?

He has been violating judges orders and I am in the middle of filing a Petition for Habeas Corpus. I have no idea where he moved. How can the school allow that?

Penny Wymyczak-White
Penny Wymyczak-White
answered on Apr 15, 2022

File a police report and have him arrested for interfering with custody it is a felony .

1 Answer | Asked in Education Law and Family Law for Texas on
Q: My dad forced me to quit school in the 7th grade, how do I take legal action

My dad was very abusive and forced me to quit school, I have no further education beyond 7th grade, I am currently 19 years old.

Penny Wymyczak-White
Penny Wymyczak-White
answered on Mar 12, 2022

I am not sure of there is legally anything you can do at this point . Get you GED and look forward not backward, You could file a police report and see if they can charge your dad but don't count on any criminal charges being filed,

1 Answer | Asked in Education Law for Texas on
Q: Can I audio record a teacher

Hi, I am a 13 year old attending a middle school in Texas. If I feel uncomfortable in a class am I legally allowed to start an audio recording on my phone so If the teacher does something that could be considered illegal/abusive I can have evidence of it.

Kimberly Winslow
Kimberly Winslow
answered on Oct 28, 2021

Generally speaking, Texas is a single party consent state. That means you can record a conversation you are a part of without notifying the other party. However, at school there is a greater expectation of privacy. It is likely against school rules, and very likely infringes on the rights of... View More

1 Answer | Asked in Criminal Law, Education Law and Uncategorized for Texas on
Q: I’ve been trying to research. I can’t find a definitive answer. I am looking at studying law.

Is it still possible for me to become a attorney with a family violence misdemeanor in TX?

Kiele Linroth Pace
Kiele Linroth Pace
answered on Apr 7, 2021

I do not know the answer but the first thing I would research is the investigation relating to the "Declaration of Intent" that all law school students must pass to become an attorney in Texas. The investigation decides whether or not you are mentally and morally fit to become an... View More

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