Education Legal Questions

This is a dliema.  Your district does not have to provide him with any services unless he is registered in the district and receiving the services within the district.  I fyou have gone to a private school, your public school district doe snot have to provide your child with services.  ... Read More

You can try that avenue, but for more immediate relief I would go to the school administration today.  Demand an appointment, bring the phone, and show them the messages.  Most, if not all schools, have anti-bullying policies that include social media of any kind, texting, twitter, etc. ... Read More

You should ask for a meeting with the teacher and the teacher's supervisor - if that is a department head or the principal.  Present a written list of your concerns and ask for the issues to be addressed whether your son is being harassed, or whether something the teacher is doing is leaving your son with the impression he is being singled out.... Read More

I don't know what your legal question is baces on this information.  I don't know why the prospective employer would not have been able to wait to obtain a certificate from the school, or how you will prove that the school was negligent or if there are other issues why your school records could not be found.... Read More

No - at age 17 you are not an adult, and must still comply with your parents rules.  You will not be able to drop out of school unless they consent, and if you do not attend you will be truant.  Besides the legal answer, as a mom I would say you have to stay in high school and get your diploma, you will regret it if you do not.  If you are unhappy with the school you are in. talk to the guidance counselor about vocational or trade school, or some other laternative to get your highschool diploma. ... Read More

There is no reason not to tell the school. If there is some kind of investigation, the school should be given all of the information including his diagnosis and what medication he takes.  That would be for his own protection.  If he has ADHD, and takes medication for it during the school day, the school may have to make accomodations for him.... Read More

I would wait to see if your son has any further injury.  it is very difficult to sue a school system, and the proof of liability and/or negligence is very high.  You need to put in writing what occured, and if necessary get the school to put a 504 plan in place which would provide an accomodation for your son's injury.... Read More

It is my understanding that once you have a child, you are emancipated, or legally an adult.  You therefore have the right to enroll yourself in school and the school is going to have to do something to accomodate you and your child.  Good luck - and stay in school if it is at all possible.  If you need some guidance, feel free to call my office.  ... Read More

Private schools do not need to comply with the same requirements as the public schools.  They do not have to follow an IEP and they do not have to provide modifications.  the same is true even if you sne dyour child to an out of district school and pay private pay tuition.  Some school districts allow that if the district is not overly corwded.  In that case, a child attending a public school as a private pay student is still treated as being in "private school" and the school does not have to provide services. You might be better staying the pulic school and fighting for your child's rights.... Read More

You are not giving guardianship , you are conseting to the enrollment of the child in another idstrict, you have to sign an affidavit indicating that your sister is providing for the child, and that the child is not just temporarily residing there because its a better school district.   ... Read More

You need to have your son's doctor, who ever is treating him for the depression and anxiety, prepare a report that indicates that this condition is preventing your child from getting the education to which he is entitled.  It is not the condition itself that is disabling, but the effect that it has on your son's ability to attend school and benefit from the education.  He will most likely need a 504 plan or an IEP (Individual Educational Plan) that may include placement in another school.  But the first step is providing the school with some documentation that your son has this condition, and that a doctor is indicating it interferes with his education.... Read More

First of all, congratulations !!  second, I don't know if they can force you or not but you should !  It is an accomplishment to be proud of, and don't let a fear of public speaking or some other reason deprive you of the opportunity to be recognized for the accomplishment.  If nothing else, stand up and thank the people that helped you along the way, and if no one did, stand up and say "I did this on my own".   ... Read More

The child has to be registered in the District in order for the District to have the obligation to do the evaluation.  A tuition student from another district is treated the same as "private" school in that the same public school requirements are not in full force.  Your child will have to be evaluated by his/her home District because that is the District that has the obligation to provide free Access to Public Education (known as FAPE). ... Read More

If your child is having emotional issues adjusting to a new school, the school will not approve an out of district placement for your child to return to the original school district.  An out of district placement is a remedy available only when the school district cannot provide educational services to meet the needs of the child.  the new school district will supply counseling and support services to help your child adjust, but will not send the child back to the original school district. ... Read More

Texas recently enacted an anti-bullying law, which may be helpful to you and your daughter. Texas Education Code Chapter 25, Section 25.0342 offers a parent an opportunity to transfer their child to another campus if their child has been determined by the school to have been bullied. You will need the cooperation of the school to have your child transferred, but it can be done. For more information, please see here: http://www.tea.state.tx.us/CSH_Bullying.html... Read More

Possibly. If your son is accused of intending to distribute those pills to students without prescriptions, then yes, that is a crime. However, if your son has never been in trouble with the law before, he may be eligible for a diversion program that will keep the crime off of his record. It generally involves anti drug classes, a period of probation, and no other crimes committed while he's in the program.    His expulsion from school can be appealed, however. See page 17 in the HISD code of conduct here: http://www.houstonisd.org/cms/lib2/TX01001591/Centricity/Domain/17014/Code%20of%20Student%20Conduct%202012-2013.pdf... Read More

The school has the right to teach its own program.  The terms "8th grade math" do not describe the level of math, only the grade in which your son learned the math.  It is possible that the school is giving him the next level of math without calling it "9th grade math".  You need to look at the topics being taught.  Is it algebra?  Geometry? Pre-calculau?  Don't get fixated on the grade level.  Different schools introduce these subjects at diffferent times.  If he has already completed geometry, and they are trying to teach him geometry, ask for him to be tested on that subject, and upon successful completion on that subject, move to the next level.  ... Read More

You do not have to give consent, and you do not need a reason.  If you have a reason, then they are not required to accommodate it.  The range of services that can be provided are in the New York State regulations, which you can read.  I am unsure if you want an evaluation or not, and if you want services or not.  You need to determine these issues first.... Read More