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Ely, Attorney
Category: Education Law
Satisfied Customers: 219
Experience:  Attorney in general practice,
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My daughter made the Varsity cheer team. There was captain

Customer Question

Hello, my daughter made the Varsity cheer team . There was captain try outs in May which were illegal. I am saying this because the sponsor said there would be an administrator in the panel and there was not. One judge was a current teacher to a candidate . Then she said it would be based on try out scores, a cheer the had to make up and core teacher feedback. None was used and it was confirmed by a second sponsor who was present. I did bring it up to the principal in May but she said I could do nothing. I am guessing the new head sponsor brought my daughter in after a game and told her he needed a third captain . He told her I am making you captain Congratulations. He even told her take your skirt to get embroidered with Captain on it. He followed it with a Captain meeting the next day. Girls complain of this and my daughters title is now been taken away. The coach did get the principal permission to add my daughter . The parents are arguing that the constitution states 1 head or 2 co captains so that is the reason they are removing her. Can this be done ? My daughter has shut down since this happened today?
JA: Because education law varies from place to place, can you tell me what state this is in?
Customer: Texas
JA: Have you spoken to a local attorney or school administrator? What is your ideal outcome for this situation?
Customer: I spoke to the school. I want them to leave her as Captain . How can the give something to child and then take it away because of a mistake in there part.
JA: Anything else you want the lawyer to know before I connect you?
Customer: The response from the school was that they would need to remove her due to the constitution needs to be followed. It is not followed right now as it states 1 head or 2 co captains . We have 2 captains .
Submitted: 1 month ago.
Category: Education Law
Expert:  Loren replied 1 month ago.

Hello. I am Loren, a licensed attorney for over 30 yrs, and I look forward to assisting you. Thank you for your patience as I review your question. In a moment I will either ask you for more information or post an answer to your question.

Expert:  Loren replied 1 month ago.

I am so sorry to hear of the problem. I know how heavily this must weigh on you.

There are really only two legal grounds to seek redress from the court.

First, if they violated the written policy or regulations, you can seek injunctive relief and force them to reinstate her.

Likewise, if you can show that she was discriminated against due to race, religion, ethnicity, etc., that would be grounds, not only for an award of money damages, but reinstatement, as well.

I am sorry. I wish I could tell you otherwise, no parent can stand to see their child disappointed, but I do not want you spinning your wheels.