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Gerald, Esq
Gerald, Esq, Lawyer
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Experience:  30 years of experience
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Can my daughters school punish her a teacher about a

Customer Question

can my daughters school punish her for texting a teacher about a project?
The teacher has select students that have his phone and he gave it to my
daughter because she was desperate for help on her project.
Submitted: 1 year ago.
Category: Legal
Expert:  Gerald, Esq replied 1 year ago.

Hello,

Thank you for using Just Answer. I want to provide you the best service I can. Please feel free to ask any follow up questions you have.

I am an attorney with 30 years of experience; I hope to provide you information that will help you in resolving your question.

The school taking an adverse action against your daughter for following the directions of a teacher in order to get assistance through a text message would not be proper, even if the school has a policy against the use of text messages. Here is why:

There is a concept under the law called estoppel. Estoppel is an equitable concept that prohibits One party form taking an adverse action against a Second party where the Second party is relying on the words or deeds of the First party to act.

In other words, if the teacher led your daughter to believe that she should text him for help, it is the teacher's actions that gave your daughter the reasonable basis to believe such a text would be okay.

See this article for more information on estoppel:

http://dictionary.law.com/Default.aspx?selected=644

If the school is threatening or has taken action against your daughter in this situation you should seek redress. Follow the appeals process that the school is required to publish and follow.

If necessary consider hiring counsel if the punishment is excessive.

The following link will help you find one in your area that does this work:

http://attorneys.lawinfo.com/education/

I hope the information I have provided is useful to you. I want you to be comfortable and satisfied with my attempt to assist you. Please, if you have ANY follow up questions, feel free to ask. Please note that I am generally unavailable Friday evening through Sunday.

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Good luck.

Please note: Information is educational and not given as legal advice. Only your local attorney can give legal advice. I can't establish or accept an attorney-client relationship with you. All posts are available for public viewing.

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