Updated 08/17/04
Are you opposed to Mandatory Public School Uniforms in Crandall ISD?  Then please read on!

 

The unity of freedom has never relied on uniformity of opinion. 
 -- John Fitzgerald Kennedy

 

 

 

Did you know there is an opt out provision provided by law (Texas Education Code 11.162) for those of you who have religious or philosophical objections to the uniform requirement?

The Crandall School District doesn't want you to know this but Texas law requires this option be provided. However, Texas law does not require that the option be granted!

It is up to you to fight this violation of your parental rights to choose for your child. The school is counting on you just accepting it because it is too much trouble to fight. PLEASE don't allow this!

If you need help putting your beliefs to paper to ensure that they are articulated correctly, please contact Vickie M. W. Crager, the Founder of APROD.  Asserting Parental Rights –– it’s Our Duty  - www.aprod.org

 

Click here to read my Crandall ISD Exemption Nightmare story.

Since this story, my daughter has been granted an exemption by the TEA.  However, the Crandall School District refuses to follow the exemption and has decided to interpret the DECISION OF THE DESIGNEE OF THE COMMISSIONER to be a partial exemption, only allowing my daughter to be exempt from the required colors of pants, skirts, scorts and shorts.

 

 

Steps to take (from 2001)

Opt-Out Provision for Currently Enrolled Students
The following procedure shall be followed if the parent or guardian desires to exempt his/her child who is currently enrolled in Crandall ISD from the uniform policy in accordance with FNCA (Local) FNG (Local):

  • Request by mail or in person an Application for Exemption from the Uniform Program.  This document can be obtained at the student’s school site.
  • By the last day of instruction effective May 2001, complete the application for exemption in full and submit it to the designated administrator for uniform program exemptions at the student’s school.
  • Meet with the designated administrator to discuss the uniform policy and the nature of the objections to the policy.  The purpose of this meeting includes (a) ensuring parental understanding of the reasons for and goals of the uniform policy, (b) verifying the accuracy of the information on the application, (c) preventing fraud and misrepresentation.
  • Meet with the designated District administrator to discuss the nature of the parental objection(s) to the policy.
Students who are denied an opt–out exemption by the Board will have fourteen (14) calendar days from the date of ruling to come into compliance.

 

Things to Remember
  • Take a tape recorder to all your meetings.  Inform the participants that you are going to record the meeting.
  • Keep  in mind - The Texas Education Code 11.162 only states that the board of trustees has the authority to grant or deny the opt out request (not the principal and not the superintendent).  However, the school will insist you meet with the principal and then the superintendent.  Just a way to waste your time in hopes that you will give up.  Once you have been denied and you probably will be because Crandall has not granted any exemptions, you can file an appeal with the Commissioner of Education, Texas Education Agency. 

 
Assert Your Parental Rights - It's Your Duty
Even if you choose not to stand up for your parental rights regarding the clothing of your child, please join APROD.  Surely you believe you should have some parental rights.

 

NOTHING IN THESE PAGES SHOULD BE CONSIDERED LEGAL ADVICE

This information is being offered to you only as our understanding of events and things we have read as parents.  We are NOT attorneys and are NOT holding ourselves out as such.  It is important that you realize that these items do not represent legal advice, and if that is what you are seeking then you need to retain counsel to protect your legal rights. Until such time, you are your own counsel, and you are more than welcome to review the material here to determine for yourself what you need to do to protect your parental rights. 
 
Notes about filing an appeal/complaint with the TEA Commissioner of Education
  • The TEA  may send your complaint, exactly as you wrote it, to the ISD you are complaining about, so don't say
    anything you can't prove, or that you wouldn't say in person!
  • State law requires some detailed information be provided when a complaint is made to the Commissioner of Education via the TEA.  This is an attempt at a summary of the process, but be sure to visit the links below to view the actual law - don't just take our word for it!!!
  • The TEA can only enforce state school law - any violations of locally-passed policies are out of their jurisdiction.   (Who DOES have jurisdiction?  Good question!  If anyone knows the answer, please write!)   Therefore, to file a complaint, you must allege that the school board or administration violated some state school law.
  • You must file your appeal within 45 calendar days of the alleged infraction, so don't delay!

Petition for Review

  • You need to provide a statement of what was done wrong, the date that the wrong was executed, a statement that you're entitled to have the commissioner act on your behalf, and what you want the commissioner to do, along with your address, telephone number, etc.  Read the actual law here.

  • What constitutes being entitled to have the commissioner act on your behalf?  "The Commissioner has jurisdiction to hear this cause under Texas Education Code section 7.057. "

    • specifically "a person may appeal in writing to the commissioner if the person is aggrieved by: (1) the school laws of this state; or (2) actions or decisions of any school district board of trustees that violate: (A) the school laws of this state;"

  • Another section of the law states that the commissioner may intervene only if the board of trustees made a decision that was arbitrary, capricious, unlawful, or not supported by substantial evidence.  Read the actual law here.

  • If you feel you have been denied due process, be sure to mention that also.
  • Do be sure you sign your complaint!
  • REMEMBER, a photo-copy of your complaint may be sent to the party you are complaining about!  Keep it "clean" and refrain from making personal comments, or anything else you wouldn't want to say in a court of law.
  • When you have written your complaint, you may FAX it to the T.E.A. complaints dept. at (512) 463-8254, or mail it to 1701 N.
    Congress Ave., Austin, TX 78701-1494.  You may call them at (512) 463-9290.  Here is that statute.
  • At this point, the party about who you are complaining will have 30 days to respond with their "Answer to Petition for Review and their request for dismissal."  You will be sent a copy of this response.  For any further correspondence you have with the TEA,  you must send an exact copy, in the same manner, to the respondent (which will usually be an attorney).   You may send further documents to the same postal address, or FAX to (512) 463-9383, or the number listed on the letterhead.  Here is that statute.
  • You will be contacted by an Administrative Law Judge (ALJ) to schedule a telephone hearing.  During this phone hearing he will ask a few questions and determine what should be dismissed and what should be left in.
  • He will then ask you to prepare and file a Brief and give you a deadline.
  • The ISD will have 20 days to prepare and file their Reply Brief.
  • He will schedule another telephone hearing to take place after all of the Briefs are filed.
  • You will then have one week to prepare and file your Reply Brief.
  • Time for your phone hearing.  Be prepared to summarize your "story", answer questions and defend yourself to the ISD's responses.
We hope this information will be helpful to anyone having to file a complaint. If you find something that should be on this page and
isn't, be sure to let us know.

Email: your comments or questions

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