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Florida Education Law Questions & Answers
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The other party has since withdrawn from school and my daughter is getting all the fault.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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1 Answer | Asked in Education Law for Florida on
Q: My parents donated a stain glass window in memory of their son to a private high school where he graduated from.

It was to be placed in the school's chapel which it was. The school built a new chapel and the stain glass window remained in the old chapel which is now used for a study hall. Can my family ask for the window since it no longer is where it was specified to be placed.

Thank you - Bob M

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jun 16, 2021

Your family can, of course, ask, but unless the donation was conditional you couldn't enforce your request.

1 Answer | Asked in Education Law and Family Law for Florida on
Q: Can I move out at 18 to do I need to graduate High School first?

My name is and I have a couple questions regarding my current and future living situation. I will be 18 soon but will still be a senior in high school, can I leave my parents house when I turn 18, or would I have to wait until I graduate to move out. My parents are both mentally and physically... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jun 4, 2021

When you turn 18 you will be an adult, and therefore able to move out whether or not you are still in school.

1 Answer | Asked in Consumer Law and Education Law for Florida on
Q: was the exam for MFT in NJ for 1988 considered a national or state exam

i am applying for fl license as a MFT and they are not sure if the exam was a state or national exam. Please help!!!!

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jun 4, 2021

I have no idea what MFT means. If you took it in New Jersey, I would guess you should ask you question in Justia > Ask a Lawyer > New Jersey. If you mean "Marriage and Family Therapist"(https://en.wikipedia.org/wiki/Family_therapy#Licensing_and_degrees), it would be a state exam.

1 Answer | Asked in Contracts and Education Law for Florida on
Q: Can a college deny a student from completing schooling until the tuition fee is paid in full?

I’ve submitted an email requesting a leave of absence and attempted to get a deferral from the lender which they declined. Now I would like to re-enroll and they are denying me a chance to finish the program until I pay I pay off the current balance, the lender also increased the amount that I... View More

Linda Liang
Linda Liang
answered on May 13, 2021

Whether it is ethical or it is breach of contract, you must revisit the agreement you signed with the school when you first enrolled. You should bring a copy of the agreement and consult an experienced contract attorney.

1 Answer | Asked in Civil Litigation and Education Law for Florida on
Q: Can public schools restrict the right to have a relationship, such as by a no mention policy?

Things such as a no-kissing policy, no contact policy, or no general acts in school policy, or are these a violation of freedom of due process and of association.

Charles M.  Baron
Charles M. Baron
answered on Jan 3, 2021

I assume you mean rules applying ONLY to acts on school grounds, as such restrictions on acts OUTSIDE of school, with penalties for noncompliance, likely would be unconstitutional. For on-campus activity, there are all kinds of rules for decorum purposes that would withstand constitutional... View More

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... View 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... View 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... View 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... View 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...
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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... View 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... View 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... View 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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