Education Law Questions? Ask an Education Lawyer
Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question and respond.
There is prohibition that I could locate here that would prevent this under the TEA or state law.Your Charter School would be able to implement this as policy if they chose to do so.It is within their regulatory relm for the students of the school.They may choose to do so in fairness to all.
I appreciate the chance to help you tonight.Thanks again.
If you can positive rate 5 stars it is much appreciated.
No prohibition from them doing it.And it is loaded to the kids that have been there longer but eventually all would be equal of they went to school there the entire time.They are probably trying to recruit and keep kids for their entire school career.But i agree it does penalize a drop in here thats not been there the whole time.
And I can see even if the rule doesn't prohibit a constitutional argument or challenge of equal protection might exist in a civil suit.
Equal Protection Clause. The Equal Protection Clause is part of the Fourteenth Amendment to the United States Constitution. The clause, which took effect in 1868, provides that no state shall deny to any person within its jurisdiction "the equal protection of the laws".
Equal Protection Clause - Wikipedia
This would affect students in different ways arguably some good some bad.
There are constitutional claims here that the courts would have to address if there was a civil suit.The rules on their face might not prohibit something but in the application of the rules here it treats some students unfairly.So Equal protection might come into play here.Strictly students and their parents in my caseload.
They should abstain.It appears to be a conflict as you state.
The by laws control about whether they must or should abstain.If they had four and the rules state this was a quorum they can vote otherwise they have to have more members to vote.Look at the by laws.
You would have right to sue here and force them to back up and comply with by laws.You can seek damages including legal fees as well.The courts here will hear such a suit and rule on these issues.
I am in the Austin area under terms of service I am not allowed clients only answer questions.Sorry I recently retired.
State Bar here has statewide referral they can find you a lawyer.
Contact us by phone:(###) ###-####(Toll Free), Monday - Friday, CST, 8:30 a.m. to 4:30 p.m. The call-in service is closed on legal holidays.
Good luck and good night to you.
i sure don't miss the morning traffic that for sure.
Good night and good luck here.