Every student residing in or attending college in the State of Texas is entitled to an appropriate education, and their schools must comply with federal and state laws. The LLF National Law Firm fights for students and their families in the Austin metro area to provide each student with appropriate educational opportunities. Our team provides services in all areas related to education law, including:
- Special Education and Disability Rights
- Individual Education Programs and 504 Plans
- Discipline and Expulsions
- Bullying and Harassment
- Discrimination
- Student Rights and Free Speech.
If you suspect that you or your child is being denied an appropriate educational opportunity or has been accused of misconduct, contact LLF National Law Firm. Our team has experience fighting for your child’s educational rights. To find out how we can help you, call 888-535-3686 or fill out our confidential, online contact form today.
Austin Metropolitan Area
The Austin metro area is home to some of the most prestigious and academically challenging colleges and school systems both in the State of Texas and the United States.
Some of the notable colleges in the area include:
- Southwestern University
- Temple College
- Texas State University system
- University of Texas system
- Concordia University
- St. Edward’s University
Some of the top school districts in the State of Texas are located in the Austin metro area, including:
- Eanes ISD
- Dripping Springs ISD
- Leander ISD
- Round Rock ISD
- Orenda ISD
Special Education and Disability Rights: IEPs and 504 Plans
Broadly speaking, Texas and U.S. law guarantee each child the right to a free, appropriate public education regardless of any learning, mental, physical, or other disability that a child may have. Compliance with these laws typically involves a school district fashioning an individualized educational program (IEP) or 504 Plan for each student who qualifies.
IEPs are required to be tailored to that student’s unique needs at no cost to the family of the affected student and include specially designed instruction. The plan should be grade-level appropriate and designed to progress the student forward, not merely provide access to education.
504 Plans are similar to IEPs except that they do not include specially designed instruction and are not necessarily written down. However, 504 plans are designed to remove any barriers to learning so that a student with a disability can learn alongside their peers.
The cost of compliance with these laws can be steep for many school districts, and unfortunately, many have attempted to avoid compliance through informal or indirect methods.
LLF National Law Firm has successfully represented parents against school districts that have tried to evade their responsibilities to special education students. An appropriate education is a right that has long been established in this country. If you suspect that your child is not receiving necessary and appropriate school resources, we can help you.
Discipline and Expulsions
It is important for any school district and university to have clear and unambiguous rules governing student misconduct. These rules typically cover all areas of misconduct, including both academic and non-academic misconduct. For example, the University of Texas at Austin has detailed Standards of Conduct outlining rules for students.
Academic misconduct – Academic misconduct is typically the first area that comes to mind and covers a wide variety of actions by students, including:
- Academic dishonesty
- Cheating
- Plagiarism, including self-plagiarism
- Falsifying assignments
- Unauthorized use of artificial intelligence
- Facilitation of academic dishonesty
- Obtaining advanced knowledge
- Research misconduct
- Sabotage of another student
- Violation of testing conditions
- Violation of ethics or honor codes
Non-academic misconduct – Non-academic misconduct includes virtually anything that doesn’t fall into the category of academic misconduct that occurs on campus or school grounds. Examples of non-academic misconduct are:
- Use of alcohol or drugs
- Vandalism
- Sexual or non-sexual harassment
- Classroom disturbances
- Assault or violence toward another student
- Possession of a gun, knife, or other weapon
- Vaping or smoking
- Destruction of property
- Noise violations
- Offensive language, including the use of racist, homophobic, or sexist language
- Disorderly conduct
- Other criminal activity
Punishment – If a student is found guilty of any of these offenses, there is a range of punishments that may be imposed. Punishments for minor offenses can include a written or oral warning, detention, or an academic punishment such as extra homework or assignments. Punishments can also be expanded to impact extracurricular activities, such as suspension from sports or clubs, not being permitted to practice or play in a sports game, or removal from a team. Finally, for serious infractions or multiple infractions, punishments such as suspension from school, removal from off-campus housing, or expulsion will come into play. Types of punishments from the Eanes ISD, for example, can be found in their Code of Conduct.
Due process – It is important to be aware that for the most serious of punishments, in particular expulsion, students have the right to due process. Although similar to due process for criminal activity, due process in the academic community varies widely and can often be sorely lacking. While a student will generally have the right to be heard and give his or her version of events before an adjudicator, some of the usual due process rights seen in criminal proceedings are not required. These rights include:
- Discovery of evidence
- Trial before your peers
- Confrontation of your accuser
- Having an attorney present for questioning and at a hearing
Because of the severity of the potential consequences for misconduct and the lack of due process, it is vitally important to obtain legal representation as soon as possible in any proceeding. A finding of academic or non-academic misconduct could permanently impact your life and future endeavors. Having the LLF National Law Firm’s Student Defense Team by your side will help ensure that you are treated fairly and may help you avoid a bad outcome.
Hazing, Bullying, and Harassment
Issues surrounding hazing and bullying have been coming into focus in recent years as schools have become more attuned to the damage that they can cause students. All colleges and school districts have detailed policies prohibiting this conduct and providing harsh penalties for violations.
Hazing — In the past, hazing was considered something relatively harmless done at fraternities and sororities as a rite of initiation. However, the dangers of hazing came into focus after several high-profile deaths and serious injuries as a result of hazing occurring both on college and high school campuses. Texas State University’s Round Rock campus prohibits all hazing in connection with the pledging to any student organization.
Hazing can be generally defined as any humiliating or dangerous activity expected of a student to belong to a group, regardless of their willingness to participate.
Examples of hazing include:
- Physical punishment, such as paddling
- Verbal abuse directed against a student who wants to belong to a group
- Forced drinking, including large amounts of water or alcohol, or forced eating of large quantities of food
- Requiring the student to engage in some form of illegal activity: shoplifting, vandalism, graffiti, breaking and entering, etc.
- Prolonged deprivation of sleep, food, or liquids
- Requiring the student to perform tasks that are only required of new members
Hazing is specifically prohibited in both high school and college, and the consequences of being found guilty of hazing can be severe.
Bullying – Bullying is another area that was considered harmless until relatively recently. There are several differences between hazing and bullying. Bullying typically targets an individual based on their differences and can come from any student. It seeks to further exclude the targeted student from the general student population using aggressive speech and violent acts based on that student’s differences.
Bullying is unwanted, aggressive behavior that involves a real or perceived power imbalance. The behavior is repeated, or has the potential to be repeated, over time.
The Leander ISD divides bullying into four categories:
- Verbal bullying, which can take the form of oral or written remarks and includes teasing, name-calling, and inappropriate sexual comments
- Social bullying involves taking an action that harms that person’s reputation and can include spreading rumors or embarrassing someone in public
- Physical bullying involves hurting a person’s body or possessions. This includes physical assault of another person, spitting, or intentionally damaging another person’s possessions.
- Cyberbullying involves bullying through any type of electronic device, including phones, computers, and tablets. Cyberbullying can occur either on or off school grounds or campuses.
Harassment – Texas law defines harassment to include threats to cause another person physical harm or bodily injury, sexually intimidating contact, property damage, physical confinement or restraint, or any other malicious action. Severe name-calling can also qualify as harassment.
Harassment can take place over a long or extended period of time. For example, following a person home repeatedly or calling or texting a person anonymously can be considered harassment.
The LLF National Law Firm Student Defense Team can assist students who have been accused of hazing, bullying, or harassment. We have a strong track record of defending students in Texas and across the country against these charges. School disciplinary proceedings are not typically fair to those accused of misconduct, and the consequences of a guilty finding can be severe.
Discrimination
Title VI is the federal law that prohibits race, color, or national origin discrimination in programs, including public and private schools at all levels, that receive federal financial assistance. Title VI is the primary federal law that provides for legal protections against school harassment and discrimination based on race, color, national origin, and characteristics tied to those attributes.
Beyond those categories, Texas schools and universities are not permitted to discriminate against students based on other factors. These include discrimination based on:
- Language – students who do not speak English or have limited English skills must nevertheless be provided with opportunities to learn
- Physical Appearance = students from diverse ethnic backgrounds may have different skin color, hair styles, or dress, and schools may not discriminate on that basis
- Religion – Schools may not discriminate against a student based on their religion, and reasonable accommodations must be made to afford each student the opportunity to learn while practicing his or her religion
- Retaliation – Schools may not retaliate against a student or his or her family members for raising issues with a school or acting as a witness in a proceeding against a school
Discrimination takes different forms and may not be overt. Schools may claim a non-discriminatory intent for a certain action when, in fact, it is simply another form of discrimination. If you suspect that your child has been discriminated against based on these or any other factors, contact LLF National Law Firm today. We can assist you in raising the issue with the appropriate school officials and take further action, if necessary.
Student Rights and Free Speech
Students are covered by the Bill of Rights under the U.S. Constitution to the same extent as every citizen of this country. This includes the right to free speech and self-expression.
Freedom of speech has long been an issue on college campuses, dating back to the 1960s. More recently, these issues have arisen at local schools and school districts, not only among students but among parents as well. While schools have a right to set rules and boundaries in order to promote a healthy learning environment, these rules cannot impermissibly infringe on a student’s right to free speech.
Political speech, in particular, is subject to significant First Amendment protections. Schools cannot impermissibly restrict students’ rights to political speech, even if the speech occurs on school grounds or college campuses.
Parents also have the right to criticize a school board or school board members without fear of retaliation. Parents should be free to speak at school board meetings and other public forums within the confines of established rules. It is not permissible for school boards to attempt to silence parents through intimidation or threat of retaliation against a student.
If you think you or your child’s constitutional rights have been violated, contact LLF National Law Firm. We will quickly evaluate your case and take action to protect your rights.
Contact LLF National Law Firm for Your Education Law Issues
LLF National Law Firm has successfully represented students and parents against universities, school districts, and private schools in the Austin metro area and nationwide. An appropriate education is a right that has long been established in this country.
Universities and school districts must follow federal and state statutes and rules at all times. If you suspect that your rights have been violated or you have been accused of misconduct by a school, call our Student Defense Team today. LLF National Law Firm has the experience you need. Call 888-535-3686 or fill out our confidential online form.