Can I Make the School Transfer My Son to Another Classroom?
Full Question:
Answer:
The answer will depend on all the facts involved, such as whether the teacher violated the school's code of conduct, the type of crime you claim was committed, etc. Student disciplinary appeals should be filed in the state district court in the county in which the school district's administrative offices are located. A complaint about a school board can be filed in writing with the TEA Complaints Division. Please see:
http://ritter.tea.state.tx.us/legal/
http://www.friscoisd.org/departments/AdministrativeServices/studentTransfers.htm
Please see the following TX statutes:
§ 25.032 EDUC. Basis for Assignment or Transfer
The board of trustees of a school district, the board of county
school trustees, or the person acting for the board must make the
decision concerning the assignment or transfer of a student on an
individual basis and may not consider as a factor in its decision
any matter relating to the national origin of the student or the
student's ancestral language.
§ 25.033 EDUC. Assignment or Transfer on Petition of Parent
The parent or person standing in parental relation to any student may
by petition in writing either:
(1) request the assignment or transfer of the student to a designated
school or to a school to be designated by the board; or
(2) file objections to the assignment of the student to the school to
which the student has been assigned.
§ 21.007 EDUC. Notice on Certification Record of Alleged Misconduct
(a) In this section, "board" means the State Board for Educator
Certification.
(b) The board shall adopt a procedure for placing a notice of alleged
misconduct on an educator's public certification records. The procedure
adopted by the board must provide for immediate placement of a notice of
alleged misconduct on an educator's public certification records if the
alleged misconduct presents a risk to the health, safety, or welfare of a
student or minor as determined by the board.
(c) The board must notify an educator in writing when placing a notice
of an alleged incident of misconduct on the public certification
records of the educator.
(d) The board must provide an opportunity for an educator to show
cause why the notice should not be placed on the educator's public
certification records. The board shall propose rules establishing the
length of time that a notice may remain on the educator's public
certification records before the board must:
(1) initiate a proceeding to impose a sanction on the educator on the
basis of the alleged misconduct; or
(2) remove the notice from the educator's public certification
records.
(e) If it is determined that the educator has not engaged in the
alleged incident of misconduct, the board shall immediately remove the
notice from the educator's public certification records.
(f) The board shall propose rules necessary to administer this
section.
