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Florida Education Law Questions & Answers
1 Answer | Asked in Constitutional Law, Education Law and Juvenile Law for Florida on
Q: Can a school or official and a school police officer question of 15-year-old about a allegation that happened off school

The allegations was alleged to happen off school grounds and supposedly reported to the city police department the minor was questioned without his parents being there or aware of situation

James L. Arrasmith
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answered on Nov 29, 2023

In the United States, the rights of minors during questioning by school officials and school police officers can vary depending on the state and the specific circumstances. Generally, school officials have some authority to question students about incidents that may affect the school environment,... View More

1 Answer | Asked in Criminal Law, Family Law and Education Law for Florida on
Q: How should a parent approach a daycare for neglect?

The daycare is federally funded should the parent call the police and report it and pull out the child is that a criminal offense? Does the Director and her 2nd in command get in trouble or fired or brought up on charges.. they both are responsible for feeding the child via feeding tube connected... View More

Todd B. Kotler
Todd B. Kotler
answered on Nov 10, 2023

Start with a complaint to the police / Sherriff with jurisdiction over the daycare center. You should also make a complaint to the state agency that licences the center the Florida Department of Children and Families (DCF).... View More

2 Answers | Asked in Education Law and Personal Injury for Florida on
Q: Can I sue a college for not keeping up with residential maintenance.

I live on campus and I’ve had to move dorms 1ce so far thinking about doing it again. The first dorm I was in I had ac blasting in my face at night around 60° and heat during the day which would go up to 75° that I could not control. It would disrupt my sleep schedule and led me to get sick.... View More

Charles M.  Baron
Charles M. Baron
answered on Nov 9, 2023

To determine your rights and remedies, your contract/lease with the college must be reviewed. Start by reviewing it yourself and see if there is any verbiage regarding maintenance/repair issues, as well as any verbiage on any steps you must take in the event of any dispute or complaint. Then... View More

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1 Answer | Asked in Civil Litigation, Civil Rights and Education Law for Florida on
Q: Can I place a recording device on my child if I suspect their teacher is verbally abusive
Charles M.  Baron
Charles M. Baron
answered on Sep 25, 2023

Not without consent of the teacher, unless it's part of a law enforcement operation. With some narrow exceptions, it's a crime in Fla. to audio record someone without their consent. Of course, if you wish, you can record your minor child talking to you privately about the issue, so that... View More

1 Answer | Asked in Civil Rights and Education Law for Florida on
Q: how do i go about discrimination against a disabled 6 year old with alot of possibilities..

going on year number two of education denial due to medical issues i need help this is wrong.not fair to my baby . she deserves an education like other children

Todd B. Kotler
Todd B. Kotler
answered on Aug 16, 2023

Look for a an attorney near you who is a member of The Council of Parent Attorneys and Advocates, Inc. (COPAA). Their members work to protect the legal and civil rights of and secure excellence in education on behalf of tens of thousands of students with disabilities and their families. Without... View More

1 Answer | Asked in Employment Law and Education Law for Florida on
Q: I had a stroke last year which affected my ability to speak. , my school is threatening to terminate me, can they ?

I am a public school teacher for over 5 years

Todd B. Kotler
Todd B. Kotler
answered on Jun 6, 2023

You should review your contract and your collective bargaining agreement. Have you contacted your union rep? Whether they can terminate you will depend on the language on the agreements. Do either mention clarity of speech as a physical requirement for your job? You also may want to contemplate... View More

1 Answer | Asked in Family Law and Education Law for Florida on
Q: Minor party is currently enrolled in Online school, mom refuses to go to in-person school. What can be done?

Minor party is currently enrolled in Online school. Has been since COVID put all kids out in March/April 2020. He is now almost done with his 6th grade year and is struggling. He has not retained any information. Constantly behind on assignments. Mom does not stay on top of him in regard to his... View More

Rand Scott Lieber
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answered on May 1, 2023

You do not mention the legal status between you and mom. Are you married? Divorced? Never married? Step one is to look at the court order, if one exists, regarding responsibility for the child. School is an issue covered by "shared parental responsibility." If the parents cannot agree... View More

1 Answer | Asked in Education Law for Florida on
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... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Feb 3, 2023

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... View More

1 Answer | Asked in Education Law, Contracts, Criminal Law and Personal Injury for Florida on
Q: Was hit in high school by driver I walking n park lot. 1992 I was 15 yrs old. My parents sued but wrote letter to Judge

And became trustees of my settlement. I lost my right foot it was screwed and bolted on and I had 4 back surgery since then. I never got a penny. My dad has property and Maks $ of me now while I'm on SSD AND FOOD STAMPS. WHAT CAN I DO

Charles M.  Baron
Charles M. Baron
answered on Dec 26, 2022

Because you were a minor at the time, someone(s) had to be trustee(s) until you would turn 18, unless some other legal arrangement was made for them to be trustees until a later age. In the meantime, the trustees had the duty to spend the money for your benefit, so the first issue is: did they do... View More

1 Answer | Asked in Education Law for Florida on
Q: Can a Board or Management Company collect my special assessment arrears by sending a notice to my tenant demanding pay?

I sent an email to the Management Company explaining I would be behind paying the total amount of my Special Assesment for March and that I would pay a portion each month because I need to pay my taxes and have other special assesment to pay and they told me they would perhaps involve my tenant in... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jan 20, 2024

Yes, they can notify your tenant. Do you imagine such notice would be defamatory or something?

1 Answer | Asked in Education Law for Florida on
Q: Florida. Does a private school issuing an addendum mid school year constitute a breach of contract.

My child's school offered free transportation the first few years they were open. This year mid way thru they decided to charge a 200 dollar a month fee I cannot afford. If there is no legislature governing private schools then changes to the handbook should not be made mid year but before... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Nov 2, 2023

Assuming there is no written contract, and unless the handbook specifically states that it will not be changed mid-year, the school probably can get away with the change.

1 Answer | Asked in Family Law, Child Custody and Education Law for Florida on
Q: What can I do if primary parent (Mother) is neglecting to enroll our child (5) into elementary school? We have 50/50.

Child’s mother is listed as the primary parent on the plan and currently have an account with the district regarding the child’s education enrollment but has neglected to submit any application to be enrolled into primary school. She is located in a different county than myself and my wife.... View More

Rand Scott Lieber
Rand Scott Lieber pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 19, 2023

Education issues fall under shared parental responsibility. If the parents cannot agree then your remedy is to return to court. Speak with a local family lawyer for more specific advice.

2 Answers | Asked in Civil Litigation, Education Law and Real Estate Law for Florida on
Q: Under what law am I or anyone , required a GED to become a real estate agent.

I’d like to know the exact law or statue that states I have to have a ged to attend classes to become a real estate agent. Or any other special trade school.

Barry W. Kaufman
Barry W. Kaufman
answered on Nov 6, 2022

Section 475.17(1)(a), Florida Statutes, requires you to be a high school.diploma graduate or equivalent, as the minimum education level, to be a licensed real estate agent

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1 Answer | Asked in Education Law for Florida on
Q: Can I file a cause of action against my child's school in federal court, for violations of FERPA?

As her parent, I cannot access her grades or the County Parent Portal, based on the school's misreading of my divorce decree and hearsay information from the other parent. The parent plan contains standard information sharing for the divorce.

Terrence H Thorgaard
Terrence H Thorgaard
answered on May 8, 2022

Perhaps, but it would probably be much more efficient, economical, and quick to explain to the school what the divorce decree provides. Or if all else fails apply to the court which issued the decree a specific order regarding the matter.

3 Answers | Asked in Insurance Defense, Family Law and Education Law for Florida on
Q: I submitted paper work to claim a life insurance that my mom left me. There is a problem with her last name.

She died in PR im in FL. They are asking for a notarized form that says that she is the same person due to different last names. Im in FL the company is in PR. What can I do? Please help. Thanks!

Terrence H Thorgaard
Terrence H Thorgaard
answered on Apr 29, 2022

I don't understand your problem. Fill out the form, sign it before a Florida notary public, and mail it to the insurance company.

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1 Answer | Asked in Education Law for Florida on
Q: Can a public college allow a student to force another student to write a report against another student ?

So students in my class were told by another student that they have to write a report about me. The students were told that the college staff authorized them to do so and such reports were used against me in a school hearing. So is it legal for a college administrator to authorize a student to... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Mar 18, 2022

I don't understand how a student could, allegedly, "force" other students to write such a report. In any event, if the report contains defamatory allegations about you, it might be possible for you to sue the author of the report, and possibly the college and the students who... View More

2 Answers | Asked in Contracts and Education Law for Florida on
Q: Can a college program change the passing percentage requirement from 75% to 78% while I am mid-program?

I am in a 2-year, 4 semester program at my state college. During admission and acceptance into the program, it was stated in the handbook that we needed a 75% "C" to pass each semester. During the beginning of my 3rd semester, the director of the program decided to change it to 78%... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Dec 11, 2021

Without reading the Hughes case, I don't know if it is binding precedent in Florida; was it a federal or state case, and did it involve Mississippi statutes, or general legal principles?

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1 Answer | Asked in Sexual Harassment and Education Law for Florida on
Q: Can an esthetics instructor lose their license for sexually harassing students.

Recently graduated from esthetics school in Florida but it was the worst experience I've ever had. One of the things we can be taught is a Brazilian wax where all of the last but are waxed. I was the demo for my instructor and during the wax, she kept making comments along the lines “oh look... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Oct 10, 2021

Assuming you are referring to "cosmetology" as defined in Florida Statute 477.013 (4), no, it is doubtful. The conduct you describe doesn't appear to be a crime.

1 Answer | Asked in Criminal Law, Education Law and Juvenile Law for Florida on
Q: My daughter was involved in a fight and now the school is trying to expel her. How can I fight for her rights

The other party has since withdrawn from school and my daughter is getting all the fault. They even say they investigated but will not share any of the file

Henry George Ferro
Henry George Ferro
answered on Oct 7, 2021

Hire a good lawyer!!!

2 Answers | Asked in Landlord - Tenant, Personal Injury, Civil Litigation and Education Law for Florida on
Q: Can a university evict someone without compensation or notice for testing positive for COVID-19?

My vaccinated friend caught COVID-19, spread from an unvaccinated student, his next-door dorm neighbor. They have isolation dorms specifically to quarantine people and promised reservations for those who were vaccinated. The rooms are all full because they gave them to anyone who got sick instead... View More

Charles M.  Baron
Charles M. Baron
answered on Sep 8, 2021

Your friend's rights largely depend on the terms and conditions agreed to when signing up to reside in the dorm. He therefore must schedule a consultation with an attorney and present all relevant writings for review. He can click on the Justia "Find a Lawyer" tab up top or contact... View More

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