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5. How can I make the public school district pay for my child's private school tuition?
Generally, this is called compensatory services in relationship to special education services. The issue arises when parents conclude that the public school either will not or can not provide a Free and Appropriate Public Education. To win compensatory services in a due process hearing is very difficult, and a thorough record of the ARD discussions and decisions is of most importance. Be careful not to pull your child out of school too soon and enroll him/her into private school before the public school has had adequate opportunities to "get it right." While you don't have to let your child suffer complete regression, you must have sufficient evidence to show the school was not properly implementing the IEP's or that they refused necessary services. Again, this is a difficult issue to win on, and the proper ground work must be prepared.
6. Does the school have to call me before interrogating my child about possible wrongdoing?
This is a very popular question. Short answer, No. There is no requirement that school officials call you or await your arrival prior to questioning your child about wrongdoing. The issue is not so clear regarding the campus police officer who must pay attention to the juvenile justice code procedures notwithstanding his/her employment by the district. That is why they will typically stand to the side while the school officials ask the questions. While school officials may get a written statement from the student long before you are notified, the police officer must take the child before the local magistrate prior to obtaining a written statement. The officer typically won't get involved anyway, unless the conduct constitutes a penal code or justice code violation.
7. Can I sue my local school district for what they did to my kid?
Very popular question regarding many different issues and fact scenarios. Generally speaking, the local district is a governmental body and is therefore protected under sovereign immunity from liability in state courts. The Texas legislature has carved out a very narrow exception in the Tort Claims Act in cases involving a district-owned vehicle. Most litigation against school districts is filed in our federal district courts and involve constitutional or civil rights issues. In some cases, you may be required to handle the matter administratively before filing a lawsuit. Other options may include filing a grievance against an individual employee with the local district and working it up from there, or filing a complaint with the State Board for Educator Certification if the conduct involves ethical violations. Go to the TEA link for more information on administrative complaints.
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