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Florida Education Law Questions & Answers
2 Answers | Asked in Contracts, Business Formation and Education Law for Florida on
Q: I'm in a nursing program and every week we have to do clinicals or class hours which are accounted differently .

You would have to pay 450 dollars to make up a clinical day but if you miss class hours you can miss up to 6 days and be fine. bit of backstory we ended up having to go to class because we could not be at the clinical facility that day I had a issue at home so I asked if I could miss the next day... View More

Ayesha Chidolue
Ayesha Chidolue
answered on Nov 1, 2017

Your best bet is to have an attorney review the program and attendance requirements and to help you determine your next cause of action.

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1 Answer | Asked in Consumer Law, Contracts and Education Law for Florida on
Q: My public university has banned my registered student organization from tabling with other orgs. Is this legal?

We missed the tabling we signed up for twice due to extenuating circumstances, but now we are banned until January from tabling with these other organizations.

Andy Wayne Williamson
Andy Wayne Williamson
answered on Oct 31, 2017

There is really no way to say for sure without first reading the university policy and procedures related to student organizations. I suggest that you consult with an attorney in your area who is familiar with public universities.

1 Answer | Asked in Criminal Law, Civil Rights and Education Law for Florida on
Q: Hello, good morning! Can I use "civil disobedience" in a paraphernalia case to avoid jail or fine?

I've been charged with paraphernalia, the pipe had cannabis. Nothing else was found just the cannabis inside the pipe. Thanks.

Terrence H Thorgaard
Terrence H Thorgaard
answered on Oct 12, 2017

"Civil disobedience" is not a valid defense to any criminal case. If you break a valid law while attempting to make a point, you can still be charged with disobeying that law.

Were you in possession of a drug pipe for the purpose of demonstrating against the drug laws? I...
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1 Answer | Asked in Contracts, Education Law and International Law for Florida on
Q: I am a student at an institute and teacher says I cannot listen to my Christian music in my earphones, is this true?

I attend a Salon Institue in FL, and the institute has constant music playing on the speakers the entire day. I have my Christian music in my earphones and the instructor says that I cannot listen to my Christian music because they already have music playing, I am not sure what to do in this... View More

Andy Wayne Williamson
Andy Wayne Williamson
answered on Sep 25, 2017

In the class, the instructor is in charge. outside of class you are free to listen to what you want. It sounds like there is more to this story. ie: sounds like the instructor knows what type of music you are listening too and apparently does not like your choice of music.

Hope this helps.

1 Answer | Asked in Consumer Law, Products Liability and Education Law for Florida on
Q: My college changed their SAP rules without notification leaving me without regular financial aid. Is there recourse?

I have a BA already, but I'm working on an AS for career reasons. In past semesters, receiving federal loans hasn't been a problem, but my college has changed the way they calculate standard of academic progress (SAP) without ANY notification. Initially their exscuse why my fin aid... View More

Peter N. Munsing
Peter N. Munsing
answered on Aug 31, 2017

Is it for profit? If so there's your problem. Maybe it's ptoblem was it ran into accreditation or other issues. As to notice requirements they should have told you but whether that is something you can bring a lawsuit for is something a specialist in collegiate /student relations would... View More

1 Answer | Asked in Education Law for Florida on
Q: Can I sign myself up for school at age 17?
Terrence H Thorgaard
Terrence H Thorgaard
answered on Aug 31, 2017

Contact the school and find out.

1 Answer | Asked in Contracts and Education Law for Florida on
Q: Okay so i ma college student that has been told that I will no longer receive a scholarship do to my CGPA

In the policies laid out for the scholarship it states 'Recipients that are required to achieve a Cumulative Grade Point Average of 2.75 and fail to do so but achieve a minimum Cumulative Grade Point Average of 2.5 are placed on Scholarship probation for the next Financial Aid Year (the... View More

Andy Wayne Williamson
Andy Wayne Williamson
answered on Aug 15, 2017

There is not really a way to advise you on your options without being able to review the scholarship documents and the letter or information that you received from the scholarship manager or administrator of the scholarship. Best advice is to communicate with the scholarship program and document... View More

1 Answer | Asked in Business Law and Education Law for Florida on
Q: As a small business owner, are there any legal issues surrounding donating a portion of my proceeds to a cause?

I am planning on donating a fixed amount (50 cents per purchase) to a university program that studies bees. I plan on communicating this with my customers. Do I donate as any individual would or is there a specific way to do it as a business entity? Is there anything illegal about using the name... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jul 21, 2017

If you want a deduction for federal tax purposes, you need to get, from the program to which you will be donating, a copy of an IRS determination that the program qualifies under section 501 (c) (3) (or other such subsection).

1 Answer | Asked in Education Law for Florida on
Q: How do I know how to find the procedure by which a case got to court?

In particular pertaining to the Court case Santa Fe Independent school District v. Jane Doe

Terrence H Thorgaard
Terrence H Thorgaard
answered on May 29, 2017

What do you mean "got to court"? The plaintiff, or its attorney, filed a complaint with the clerk of court.

1 Answer | Asked in Business Law, Education Law, Employment Law and Gov & Administrative Law for Florida on
Q: Can our employee (on the clock) be asked to leave our public meeting to attend to her job responsibilities?

I am a board member of a public charter school in FL. We are under the Sunshine Law where all meetings are open to the public. I feel this employee is not acting in the capacity of a member of the 'public' while she is at work and on the clock so we have a right to ask her to return to... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on May 21, 2017

You are correct. As an employee, she is to do what she is told by her employer; whether that involves reporting the finances to the board or other non-board meeting duties. The Sunshine Law doesn't modify her duties as an employee.

2 Answers | Asked in Education Law, Juvenile Law and Personal Injury for Florida on
Q: I was threatened by a classmate... He is still in the school, can I sue?

So this was a few months ago, this kid (and trust me I'm probably not the first or last person he's threatened, he's notoriously a bad student and he creeps me out because he pervs on me sometimes, but he was asleep in class, which was normal for him, and I tried to wake him up... View More

Michael Nicholas Lygnos
Michael Nicholas Lygnos
answered on May 7, 2017

These matters are fact driven, meaning the facts are very important, and you should talk to a local lawyer handling educational or school issues, so the lawyer can evaluate the problem. I would want to know what, if any

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1 Answer | Asked in Family Law, Adoption, Child Custody and Education Law for Florida on
Q: Does a 14 year old has the right to say where and who she wants to live with even if the person is a cousin

Parents are together father has been gone for a year without paying any support. I the cousin has taken care of the mother and her two children. The husband is a recovery drug addict, mother can not control her alcohol both children has seen both parents messed up on drugs all at young ages and has... View More

Heather  Bryan
Heather Bryan
answered on Apr 26, 2017

No, a 14 year old does not have the right to choose where he or she wants to live. If there are this many issues at home, I suggest filing a report with DCF and and trying to get guardianship.

1 Answer | Asked in Education Law for Florida on
Q: My son was in line at lunch when a student threatened to kill his family.

My son was in line at lunch when a student threatened to kill his family. He yelled no and was pomptly told by the lunch monitor he'd be sitting at a table alone for lunch for screaming. He said but and she told him "no buts" . The principal was called and a meeting was had over it.... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Feb 25, 2017

No, you don't have a lawsuit. You have a 6-year-old in a school which is doing its best (apparently) to control its students.

1 Answer | Asked in Immigration Law and Education Law for Florida on
Q: Hello , I recently got my DACA last summer. I'm trying to use Advanced Parole to enter legally. Should I wait on that?
Brian Lehman
Brian Lehman
answered on Feb 25, 2017

You would need to provide an immigration an attorney more specifics about your situation. I believe in your situation contacting an attorney will be well worth it for you.

1 Answer | Asked in Civil Rights, Criminal Law and Education Law for Florida on
Q: If my daughter gave a statement to School Police, but did not disclose what actually took place.

My daughter has been harrassed by a group of boys in the school's football team. She felt coherced to have sex with multiple boys. When questioned she did not state or know how to express that she felt pressured and harrassed. They questioned her without my knowledge and without my being... View More

Paul Stanko
Paul Stanko
answered on Oct 10, 2016

If you believe a crime has been committed, you can contact the local (not the school) police, or the prosecutors office.

1 Answer | Asked in Family Law, Education Law and Juvenile Law for Florida on
Q: There are three children in my home That do not attend school and are not home schooled. What are the laws in florida?
Terrence H Thorgaard
Terrence H Thorgaard
answered on Sep 24, 2016

Florida truancy laws are here:

http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=1000-1099/1003/1003PartIIContentsIndex.html&StatuteYear=2016&Title=%2D%3E2016%2D%3EChapter%201003%2D%3EPart%20II

You indicate that the children are in your home, but...
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1 Answer | Asked in Family Law, Identity Theft, Civil Rights and Education Law for Florida on
Q: My daughter has a learning disability should I tell her no if she wants to go to college

My daughter wanted to go to college even though she has a learning disability. Is it considered identity theft if I let her go.

Terrence H Thorgaard
Terrence H Thorgaard
answered on Aug 18, 2016

I'm not following you.

It might be identity theft if she, for example, pretended she was someone else when she registered at college.

1 Answer | Asked in Education Law and Personal Injury for Florida on
Q: If my 16 yrold had alarge wooden prop fall on top of her head causing a concussion while at school three months ago.

Headaches continue and gradually pains through out her body from impact I assume. She has doctor appointments and with neurologist is next appointment. She's all A' student until this happened. She's turned all dr.notes in also.then when last report card came they changed her... View More

Peter N. Munsing
Peter N. Munsing
answered on Jun 27, 2016

Suggest ou speak with a member of the Florida Trial Lawyers Assn about the injury--they give free consultations. As far as the grades,absences, that's very much a matter of local law and you would want to check with a law center in Florida that deals with those issues.

1 Answer | Asked in Education Law and Employment Law for Florida on
Q: My employer is paying for part of my masters.($500 per month) I want to know if I am obligated to payback the $.

In the financial aid agreement it mentions "Payee compromises to maintain a working relationship with Financer, within the obligations contracted as a result of the employment agreement between (employer) and (my name) for a period of one year from the date payee completes the aforementioned... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on May 12, 2016

It appears that, as the "legal counselor" (attorney for the employer?) said, it's regarded by the employer as a moral but not legal obligation. Are you "Payee"? And is "Financer" something different than your employer? Evidently this agreement wasn't... View More

1 Answer | Asked in Education Law, Consumer Law and Contracts for Florida on
Q: Should I pay back loans that were part of a school that wasn't accredited and was committing fraud?
David Alan Wolf
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answered on Apr 18, 2016

You should contact a consumer attorney regarding this matter. I have heard about cases being pursued when a school has engaged in fraudulent activities. I recommend that you get legal advice and possibly take some action rather than just assume that you are not responsible because there was fraud... View More

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