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Florida Education Law Questions & Answers
1 Answer | Asked in Civil Rights and Education Law for Florida on
Q: Legality of This

I’m a high school student in Florida. My teachers are saying that theyre going to require webcams and record us because of online learning. As someone who values their privacy, this is very concerning to me. Is this legal?

Charles M.  Baron
Charles M. Baron answered on Aug 25, 2020

While it's generally not legal in Fla. to audio-record someone without their consent, I imagine that the school has made your consent (or your parents' consent on your behalf) a condition of attending the school.

1 Answer | Asked in Education Law for Florida on
Q: I just found out that my son is required to take a semester of LGBTQ History in High School.

What can I do to get my student out of taking that class? I don’t care if people want to live in sin but being forced to take a sexual preference choice as history I don’t agree with and it’s against our beliefs.

Terrence H Thorgaard
Terrence H Thorgaard answered on Aug 5, 2020

You can protest to the school &/or the school board. If the school board won't listen to them, work to get the school board members replaced in the next election. Or you can transfer him to another school.

1 Answer | Asked in Education Law for Florida on
Q: My MIL designated herself as grantor of my daughters' education account using money from their ggf's trust. Legal?

We are in Florida. My husband's grandfather was and his mother is in California. His mother was the trustee of his grandfather's trust which specified that upon his death each of my daughters should recieve $25,000 to be used toward their education. My MIL took the $25,000 and opened an... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Jun 17, 2020

It doesn't appear that the trustee can do that, but one would have to read the trust to be sure. Also, since it appears to be a California trust, you might want to ask a California attorney to take a look at the situation.

1 Answer | Asked in Employment Law and Education Law for Florida on
Q: I teach at a private school thru the federal Title I program for a private company and they are not allowing us Use PTO

While school is closed, they are making us file unemployment I have over 120 PTO hours is this legal?

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Mar 23, 2020

It appears that this private education company is attempting to avoid possible disaster caused by a bunch of teachers all going out on PTO at the same time; however, the way they are trying to avoid closing down is probably unlawful. Look for an experienced employment lawyer who is familiar with... Read more »

1 Answer | Asked in Employment Discrimination, Employment Law and Education Law for Florida on
Q: I am an international graduate student with an employment issue. Where can I find legal help/advice?

I work in an abusive environment. I have documented evidence that my supervisor is abusive and also repeatedly lying. His lies form the basis of a dispute that will likely lead to my termination. I am an international PhD student on a low income <$22k p/a. Where can I get legal advice?

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Feb 24, 2020

If you feel you have been discriminated against by actions of your supervisors or co-workers at your workplace because of your race, age, gender (including sexual harassment), sexual orientation or national origin, religion or marital status or because you have a disability, or feel you have been... Read more »

2 Answers | Asked in Education Law and Criminal Law for Florida on
Q: I am applying for a public school teacher position. I have been a director at a preschool for almost 11 years. I have an

Arrest on my record from 1996, possession of marijuana and shoplifting. Although I went through a pti program, it still shows on a local criminal check. It's not a disqualifying offense for the job, they ask you if you ever been arrested on the application and to explain what happened. If you... Read more »

Terrence James O'Sullivan
Terrence James O'Sullivan answered on Feb 22, 2020

If the dispositions of you’re old cases were with hold of adjudication ( as opposed to an adjudication) you may be eligible to seal/expunge them. It’s basically the difference between a misdemeanor conviction or a disposition of the case with no conviction.

A conviction will generally...
Read more »

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3 Answers | Asked in Bankruptcy, Consumer Law and Education Law for Florida on
Q: Are debts to a school considered student loans under bankruptcy code?

Hello, I had a couple of student loans returned back to the federal lenders 2yrs ago when i was forced to withdraw from a semester at my university due to severe health issues. As a result, i incurred a debt with the school for the amount of the loans that we returned. I was trying to understand if... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Jan 15, 2020

Yes, I believe they are considered student loans for bankruptcy purposes.

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1 Answer | Asked in Education Law and Family Law for Florida on
Q: We have DCF placement of our grandson FL Statutes 39.407 and 743.0645. The charter school he attends insists on

Chapter751 order or he will be kicked out at Christmas break. He is 5 years old. What can we do? Please help. Thanks!

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Nov 4, 2019

Call DFC and ask them for help.

1 Answer | Asked in Education Law for Florida on
Q: If I am 20 years old and have a drivers permit can I drive without someone 21 and over with a license ?

Do I need someone 21 and older ?

Terrence H Thorgaard
Terrence H Thorgaard answered on Oct 3, 2019

Yes, as I recall you do need someone 21 or older. What does your permit say?

1 Answer | Asked in Child Custody, Education Law and Family Law for Florida on
Q: Can I hold my child back in school if non custodial parent refuses?

I have custody of my daughter. She sees her mom every other weekend, but her mother lives 3 hours away. Mom has nothing to do with school. I invite her to plays, conferences, open houses, but she never shows up for anything. She’s never helped with a stitch of homework, doesn’t buy school... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Sep 30, 2019

Since you have custody this is an issue between you and the school board.

3 Answers | Asked in Child Custody, Divorce, Education Law and Family Law for Florida on
Q: Could my mom with custody refuse to provide education and sent me out of the country to my dad who doesn't? (Minor)

I am 17 years old and a citizen of The United States. When I was 8 my custody was granted to my mom when she got divorced. Later she immigrated to the United States and brought me along. She now bought me a plane ticket and are forcing me to go back to My dad who lives in China. Does she have the... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Aug 18, 2019

You would have to consult with an expert on the laws of China to determine whether your father could "refuse to accept" you. But if your mother has custody of you she can, until you reach the age of majority, require you to take the flight.

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2 Answers | Asked in Civil Rights, Education Law and Juvenile Law for Florida on
Q: is there grounds to sue a school for seperating 2 students because of gender and to interrupt their learning?

they work better when together

Gary Kollin
Gary Kollin answered on Jul 27, 2019

Bsed on the limited information you provided, it is impossible to answer

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2 Answers | Asked in Contracts, Business Law and Education Law for Florida on
Q: Greeting, How can I get a service from a lawyer for free of charge? Thank you very much.
Bruce Alexander Minnick
Bruce Alexander Minnick answered on May 31, 2019

Why on earth do you "want a service" from a lawyer? What do you have in mind?

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1 Answer | Asked in Education Law for Florida on
Q: Is it legal to put fake names, birthdays, and answering not honestly for a valentines day matching survey?

It costs $3 each for a fundraiser for school

Terrence H Thorgaard
Terrence H Thorgaard answered on Feb 12, 2019

In a word, yes. It's not illegal to lie to a non-governmental institution, at least if it's not under oath.

1 Answer | Asked in Education Law for Florida on
Q: Is it illegal not to answer questions from a police officer in high school?

The police officer questioned me in school, I wasn't purposesly trying to avoid questions, and she said that was illegal for obstructing justice. I thought there was the 5th amendment? Maybe rights are limited in schools.

Terrence H Thorgaard
Terrence H Thorgaard answered on Feb 9, 2019

You can refuse to answer if what you would say would tend to incriminate you. No, you still have your constitutional rights in school.

1 Answer | Asked in Family Law and Education Law for Florida on
Q: Can I do activities with my child in school as a felon?

Meth charges

Rand Scott Lieber
Rand Scott Lieber answered on Nov 8, 2018

That is up to the school.

1 Answer | Asked in Education Law for Florida on
Q: Is it legal for an elementary private school (In Florida) to force you to pay for their Tuition insurance plan?

Np

Terrence H Thorgaard
Terrence H Thorgaard answered on Aug 23, 2018

Certainly; If you don't want to pay for the insurance, don't enroll.

1 Answer | Asked in Family Law and Education Law for Florida on
Q: Can I fight for custody of my 11 year old son and have him returned to Florida?

My 11 yr old on was removed from the state of Florida 2 years after court visitation was in place. He moved to Missouri. Since the move I am missing every other Thanksgiving or Spring break. Moreover, this summer I will lose over a month of visitation. He moved with no consent or court order. I... Read more »

Scott Michael Weiss
Scott Michael Weiss answered on Jun 19, 2018

A lot of this depends on what court orders are in place , and what if anything has been filed in the past 2 years.

1 Answer | Asked in Education Law and Personal Injury for Florida on
Q: Can I sue the school for failing to protect my child?

My daughter is 9 anf in the fourth grade. She has been being bullied by a class mate for her weight looks clothes and having two moms. He has put his hands on my daughter so I went to the school about the situation and they said they would handle it. Two weeks later same child kicked my daughter in... Read more »

Stephen Arnold Black
Stephen Arnold Black answered on Apr 20, 2018

If the school was on notice that your child was being bullied and failed to stop the problem, then the school may be liable. In addition the parents of the bully may also be liable. Discuss in private with counsel.

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