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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 118175
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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My daughter was kick out of her second grade teachers and moved

Customer Question

My daughter was kick out of her second grade teachers and moved to another against both parents objections. The reason was of opinion poll. No names were mentioned in said poll. The principal said it was a corporal issue. I met with him with a witness that has a Doctorate Degree in Education as a witness. I reviewed the school's hand book and could not find anything on the subject. I emailed said principal asking him where to find the policy in the handbook. His response was Issue closed. This happened from late Friday to 8:45AM Monday. The ISD hand book told me to contact principal which I did by email and you saw his answer. I showed up on FaceBook over the weekend from friends of the Teacher which shows the teacher talking to people outside of the campus about my 8 year old daughter, which I thought to be against the law. I can't get any answers from them about where this policy is stated. I need help. Do I have any recourse legally to help me and my daughter?
Submitted: 2 years ago.
Category: Legal
Expert:  Law Educator, Esq. replied 2 years ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
A teacher cannot disclose educational information about students, that is a violation of the federal law, Federal Educational Records Privacy Act (FERPA). It is also invasion of privacy for the teacher to be discussing confidential information about a student.
If they are moving students based on no real reason and the principal is not giving satisfactory answers, the parents' recourse is a complaint to the ISD school board/superintendent for review. The general rule is that a school has the right to adjust classes by moving students as necessary and can place students in classes as they see fit, as long as they do not do so based only on race/sex/national origin. If there is any disability involved, then they also are not supposed to move the child unless they can show the teacher cannot properly handle the student in their class and another class would be more appropriate for disability needs to be met.
If the teacher is disclosing information about your child in violation of FERPA, you can file a complaint with the US Department of Education as well as file suit against the teacher and school for the violation of the law in disclosing educational records information and also for invasion of privacy.