NEVARES v. SAN MARCOS CONSOL. INDEPENDENT SCHOOL

No. 96-50420.

111 F.3d 25 (1997)

Dan NEVARES, Individually and as next friend for Timothy Nevares, a minor, Plaintiff-Appellee, v. SAN MARCOS CONSOLIDATED INDEPENDENT SCHOOL DISTRICT, Defendant-Appellant, Texas Education Agency, Intervenor-Appellant.

United States Court of Appeals, Fifth Circuit.

April 11, 1997.


Attorney(s) appearing for the Case

Michael Charles Shulman, Michael C. Shulman, Attorney at Law, San Marcos, TX, Peter R. Meeker, Austin, TX, for Plaintiff-Appellee.

Eric W. Schulze, Dorcas Ann Green, Walsh, Anderson, Underwood, Schulze & Aldridge, Austin, TX, for Defendant-Appellant.

Edward J. Tuddenham, Wiseman, Durst, Tuddenham & Owen, Austin, TX, for Texas Federation of Teachers, Amicus Curiae.

Robert Teir, Dallas, TX, for American Alliance for Rights and Responsibilities, Amicus Curiae.

Gwendolyn H. Gregory, Alexandria, VA, for National School Board Association, Amicus Curiae.

Denise Nance Pierce, Austin, TX, for Texas Association of School Administrators, Texas Association of School Boards and Texas Council of School Attorneys, Amicus Curiae.

Before REAVLEY, KING and BARKSDALE, Circuit Judges.


REAVLEY, Circuit Judge:

The district court has declared a Texas statute unconstitutional because it does not expressly mandate that the school afford a proper hearing for a student charged with off-campus conduct punishable as a felony prior to transferring the student to an alternative education program. The student was not transferred to the alternative program, because his father sought immediate judicial intervention. We find no constitutional deprivation actual...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases