Asked in Education Law for Florida

Q: Can they remove my daughter from her magnet/academy or suspend her for an allegation that there is no proof of?

My daughter goes to a Miami-Dade public school and participates in a magnet/academy w/in the school. Last weekend there was a school trip where girls were caught vaping. The girls that were caught in turn claim that my daughter was doing the same thing and that she threw out a vape pen in the school bathroom. My daughter insists neither thing happened and there is absolutely no proof. It is their word against hers. Principle wants to kick my daughter out of the magnet/academy or suspend her. Can they do that based on an another student's claim without proof?

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1 Lawyer Answer
Terrence H Thorgaard
Terrence H Thorgaard
  • Freeeport, FL
  • Licensed in Florida

A: It is incorrect to say that "there is absolutely no proof"; another student's word IS proof (or evidence). As you indicate, "It is their word against hers". So, it depends on who they believe. If the school's rules and regulations allow suspension or expulsion for that reason, yes, the principal can do so.

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