Nevares v. San Marcos Consolidated Independent School District

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 or threatened, and dismiss the case for lack of standing.

High school student Timothy Nevares sued the San Marcos Independent…