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Texas Education Law Questions & Answers
3 Answers | Asked in Education Law for Texas on
Q: If you are arrested for Domestic Assault and you are a teacher will you lose your job?

Also, what if divorce is currently being pursued will this affect the outcome? For child custody?

Gary D. Peak
Gary D. Peak answered on Apr 7, 2018

I hate to say it depends, but it does depend on the facts of the alleged assault. Assault can be verbal, or physical. I can be a misdemeanor or felony. So severity matters.

It depends even more on where you are and the general policy of your District.

It also may depend somewhat...
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1 Answer | Asked in Criminal Law and Education Law for Texas on
Q: Can a convicted felon teach in the state of Texas?
Grant St Julian III
Grant St Julian III answered on Mar 13, 2018

What is the conviction for? Below is the link to the Texas Teacher's Certification Guide:

https://www.teachercertificationdegrees.com/certification/texas/

Good Luck

1 Answer | Asked in Criminal Law, Education Law and Juvenile Law for Texas on
Q: Can I refuse to have my 13 & 10 year old finger printed ? Also can I represent my child?

My children have no charges against them yet since they were involved in scuffle at school due to racism they are being told they have to get fingerprinted. Along with their info being transferred to the main county .

Grant St Julian III
Grant St Julian III answered on Mar 8, 2018

You cannot represent your child in a legal proceeding before a Court unless you are a licensed attorney. If this is a school situation and proceeding, however, you would have to research the rules and regulations of that school district to see what a parent can and cannot do in such proceeding.... Read more »

1 Answer | Asked in Criminal Law, Education Law, Family Law and Federal Crimes for Texas on
Q: If a minor takes his parents gun to school and hurts my child can I see the parents?

I had a typo, can I sue the parents if my child was hurt in a school shooting.I feel parents should be liable for their child's actions until the child is a adult. I was basically laughed at and told just the child is held responsible.

Grant St Julian III
Grant St Julian III answered on Feb 21, 2018

You have the right to file a civil suit. Contact a personal injury attorney n your area.

1 Answer | Asked in Criminal Law, Civil Rights, Education Law and Juvenile Law for Texas on
Q: 12yo being assaulted at school, parent was told can’t press charges due to being on school grounds. Is this true?

He has been assaulted 2x. 1st time prosecutor dropped the case. Today was 2nd and officer told us they can’t press charges due to being on school grounds. In first incident the child had been officially reported to school for bullying prior but no physical contact was had. Today I was told there... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on Jan 10, 2018

Someone is giving you bad information. Intentionally or knowingly causing offensive physical contact is a class C assault. Physical contact that causes pain is class A assault. An imminent threat to cause pain is a class C assault. Anything causing pain meets the minimum threshold for... Read more »

1 Answer | Asked in Education Law and Estate Planning for Texas on
Q: can the trusty,of a trust fund deny funding for education to a benificiary if it is written to do so in the trust
Robert W. Leonard Jr.
Robert W. Leonard Jr. answered on May 15, 2017

It depends on the specific language in the trust. For a precise answer, take the trust document to a local estate planning attorney who can review the trust language for you. If necessary, the attorney can represent you in requesting a distribution from the trust if the trust provides for what... Read more »

1 Answer | Asked in Criminal Law, Employment Law and Education Law for Texas on
Q: Will a petty theft conviction I received when I was 18 disqualify me from the electrical engineering field?

I am really embarrassed of this but I was arrested when I was 18 years old for a class b theft misdemeanor. It ended up resulting in a conviction which I now know cannot be removed unless pardoned by the Governor of Texas. This is my first and only arrest/conviction. I am finishing up my second... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on Apr 20, 2017

This question should be answered by an attorney that focuses on Professional Licensing matters and/or Administrative Law.

1 Answer | Asked in Family Law and Education Law for Texas on
Q: Can an 18 year old live under someone else's roof while still attending high school?

My girlfriend is about to turn 18 and no longer wants to stay at home for the reasons of mental and physical abuse from her parents. We have tried to get CPS involved but they didn't do anything because she is about to be 18 in 8 days. We need to know if she can live with me legally while in... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on Mar 15, 2017

Just wait 8 days. If her parents do not consent then your family could be committing the crime of Harboring Runaway Child.

See: http://www.statutes.legis.state.tx.us/Docs/PE/htm/PE.25.htm#25.06

1 Answer | Asked in Criminal Law, Education Law and Military Law for Texas on
Q: Wouldn't it be fine under the Romeo and Juliet law? If i did get pregnant at 16 by someone 18 who's in the army?
Patrick Korody
Patrick Korody answered on Feb 7, 2017

The age of consent under the UCMJ is 16 years old. However, state law would also apply.

1 Answer | Asked in Criminal Law, Education Law and Federal Crimes for Texas on
Q: My boyfriend is 18 and in the army and im 16 and still in school, could he get sent to prison for getting me pregnant?

Or is there any solution on what i can do ?

Brian Lehman
Brian Lehman answered on Feb 6, 2017

In Texas, it is illegal for an adult (someone 18 or older) to have sex with a minor (someone younger than 17), even if the sex is consensual. Those who break the law have committed statutory rape.

So, yes, he could get sent to prison if a prosecutor makes the charge. If you don't want...
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1 Answer | Asked in Education Law, Employment Law and Immigration Law for Texas on
Q: i am a Student and Have completed my masters and Applied for OPT.I got an RFE asking for evidence to establish proposed

employment is related to my field of study.

A detailed Description of duties with the employer.

Actually i studied in CT but during my application i stated the address in California and sent my package to california. i have never been to california as my family friend(A green Card... Read more »

Tammy Lyn Wincott
Tammy Lyn Wincott answered on May 5, 2016

You would submit anything that truly notates your address. When submitting forms you should only put an address if it is a mailing address in the appropriate section. When it asks for places you have lived, it means places where you actually physically resided. You might need to submit further... Read more »

1 Answer | Asked in Education Law and Juvenile Law for Texas on
Q: Can I legally withdraw my 17 year old son from school in Texas?

My son is 10th grade for the second time. He had already failed the 5th grade. So he is much older and is in route to graduate high school at the age of 20 He wants to drop out of high school and immediately enroll in a GED course, receive his GED and go to a community college. How can I withdraw... Read more »

Robert Jason De Groot
Robert Jason De Groot answered on Sep 9, 2015

Ask the administrators at the school first.

1 Answer | Asked in Education Law for Texas on
Q: Does a public school have a legal obligation to ensure that a student reads on level by graduation?

Sixteen year old student, with dyslexia, provided accommodations through 504, but not receiving evidenced based instruction and making no progress in reading or writing. Average to above average cognitive abilities. Cannot pass college entrance exam or end of course ( STAAR A ) English exam.... Read more »

Robert Jason De Groot
Robert Jason De Groot answered on Sep 9, 2015

Go see a local lawyer about this. It is not just a basic legal question, and probably requires some research to answer.

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