» Education and School Law

The Florida Department of Education is accusing you of cheating on a teaching certification exam. What should you do? Read on for advice from a attorney for teachers. Can you cheat on the FTCE? The testing environment that gives all of the FTCE is equipped to stop cheating. They use audio and video recording along with other procedures to try and stop people from cheating. If it is hard to cheat on the Florida certification exams, how come I have been accused of cheating? If you take the test enough times, you are bound to come across the same question more than once. If you walk out of the test room and write down questions to study from later or tell a friend, it is considered cheating. Cheating on the FTCE Professional Education Test essay portion The Florida DOE has clearly written test instructions that the test taker cannot not prewrite essays. That means even if you took an exam and did not pass, but practice the essay question to study, you are breaking a testing rule. Using online forums that list essay prompts and then prewriting can get you in trouble.  Suspended from getting a teaching certificate If the Florida DOE suspects that you cheated on a FTCE, they can invalidate your score and stop you from taking the test for period of time, which essentially suspends you from becoming a teacher.   Can I fight the FTCE exam cheating accusation? Yes. There is an investigative and hearing process for people testing to be a certified teacher. I always recommend hiring a lawyer who handles Florida teacher professional misconduct to assist. Your career is on the line. How long does it take to prove that I did not cheat on the FTCE? That depends. Many factors contribute to how fast the Florida FLDOE processes a certification investigation. Can you help me fight an accusation of cheating on the FTCE? Yes. I help all Florida teachers facing certification issues, including appeals and disciplinary action. Call me today for a free consultation and protect your professional future. Richard Asselta is an award-winning lawyer who defends teachers throughout the state of Florida. Click here to read how he helps teachers with teaching certification discipline at the district and state levels, administrative FLDOE hearings, investigations, and denial appeals. Click here to read what client’s are saying about Richard on Avvo, a lawyer review website.  Read More

I am being charged with cheating because I falsified my data and research results.  If you conduct research, run statistics, or record data in other ways, you cannot change the results. If you do change your results, you could be charged with cheating due to falsification. What happens if I am caught faking data or research findings? This depends on your university. Check your student handbook under academic integrity violations to be sure what to expect if charged with cheating by falsification. What can happen if I am found guilty of faking my research results? The university will sanction you. The punishment depends on the severity of the violation and if you have had any other academic integrity issues. I have seen sanctions range from a warning up to dismissal and expulsion from a university. Can I appeal my disciplinary sanction for cheating? Yes. This appeal is often the last chance a student has at fighting a disciplinary sanction and is a written submission to the dean or provost of the university. I write appeals for students using my extensive background as an appellate attorney and specialized knowledge of the academic disciplinary process. Can you help me defend against the charge of falsification? Yes. I offer student defense advising services throughout the United States. Using my nearly twenty years as an attorney combined with a unique knowledge of the academic integrity process, I assist students to gain successful outcomes Call today and protect your future. (855) 338-5299 Richard Asselta is an award-winning student defense lawyer who offers academic advising services throughout the United States. He is experienced in defending all types of college disciplinary issues, including falsification. Click here to read what clients are saying about Richard Asselta on AVVO, a lawyer review website.   Read More

My child is facing a long-term suspension or expulsion from school. What should I do? Students of all ages make mistakes. Elementary, middle and high school students can be suspended or expelled for several reasons. If a student is suspended for more than 10 days or is recommended for expulsion from school, they must be given the chance to defend themselves. What should I say to fight the suspension or expulsion? Your defense strategy depends on the charges your child is facing. I wish I could give a step-by-step map to building a defense, but it really depends on the facts of the case. Generally speaking, you must make sure you gather all of the evidence the school is using to support the suspension or expulsion. You should also request all of your child’s school records. Finally, make sure you appeal the discipline within the given time frame. What should I write about in my suspension or expulsion appeal? The formatting of each appeal depends on the reason the student was suspended or expelled. The appeal should explain the situation in a chronological order clearly.  Think of how an outline is formatted. Can you help me fight the suspension or expulsion from school? Yes. I defend students in K-12 schools throughout the state of Florida. Each district approaches disciplinary issues differently, so it is important to have an attorney who specializes in this area of law.  Richard Asselta is an award-winning defense lawyer for students. He is experienced in fighting suspensions and expulsions in grades K-12, college, and all education settings. Call today for a free consultation. (855) 338-5299 Click here to read what clients are saying about Richard on Avvo, a lawyer review website.   Read More

What happens when you or your child is accused of cheating on the SAT or ACT?  There are usually a couple of ways this happens. In the middle of the test, the proctor comes over and believes cheating was occurring. Either they are looking at another students answer sheet or brought in  outside materials. At that point the proctor will confiscate the exam and report the student to either the SAT or ACT board. If there is a really big increase in score, 400 plus points on the SAT or 6 or more points on the ACT. This could cause a cheating accusation.  If your Scantron sheet matches with someone else’s in the testing room, you can be suspected of cheating. Additionally, wrong to right answer erasures could also flag you for cheating. What should you do if the SAT or ACT board believes you cheated? There is an appeal process. It is time limited and can be challenging. You have to act quick to preserve evidence that supports your side. I strongly recommend that you speak with an attorney experienced with these types of appeals.  Can you help me write my appeal? Yes. I utilize my nearly twenty years experience to craft successful arguments for appeals. I work with students all over the country facing not only accusations of cheating on standardized tests, but also in college. Don’t let a cheating accusation threaten your college dreams.  Richard Asselta, defense lawyer for students, defends students accused of cheating on the SAT or ACT test. Need to appeal a cheating accusation? Call Asselta Law today for a free consultation. (855) 338-5299 Read More

I often get the question: Should I bring a lawyer to a disciplinary hearing in college?  My recommendation – Yes. Public schools allow advisers who are attorneys to attend disciplinary hearings with the accused student. Private schools are allowed to make their own policies so whether someone can come with a student depends on their policies.  What can a lawyer for students do to help a student in a university disciplinary hearing? In most schools, they restrict the advisers role to student support. This means that an adviser cannot actively participate in the hearing, the student must be the one speaking. However, an adviser can speak to the student, write down questions, organize evidence, and other things to actively support the student to successfully represent themselves.  If an adviser can’t address the panel during the hearing, is it worth bringing an adviser? Yes. I think it is important that the school sees that there is someone there supporting the student. These hearings can be a lot of pressure and tend to make students nervous. My presence and support has helped students remain calm and clear minded. I keep the student on track and ensure that they make all of their defense points, present all of their evidence clearly, and question witnesses effectively.  Another important point is that my presence makes the university play fair. I have heard horror stories from students who handle these hearings on their own and the school has not followed their own procedures and treat the students terribly. However, when I have attended with students, I have never seen this behavior take place.  If you are facing a university disciplinary hearing call Asselta Law today. We offer national student defense services for disciplinary hearings and all types of student appeals. (855) 338-5299 Click here to read what clients are saying about Richard Asselta on AVVO, a lawyer review website.  Read More

I was charged with falsifying or forging class records. What does that mean? It could mean you are accused of one of the following: Helping your friend out and signing them into class or lab. Playing as your friend in a class polling assignment for credit. Noting time on an internship log that you did not complete. Noting dates and time on a lab attendance record when you were not there. What happens if I was caught falsifying my class records? Check your universities procedure for academic dishonesty violations. Generally, students are allowed to defend themselves against forgery accusations. It may happen between just you and the professor or in front of an honor code committee.  What can happen if I am found responsible for fabricating school documents? You will receive a sanction. Sanctions can range from a warning up to dismissal and expulsion from your university. Can I appeal a disciplinary sanction? Yes. A disciplinary appeal is typically a written submission with only a few categories to argue in. The most common student appeal categories are new information, harshness of sanction, and policy violations. I write appeals for students using my extensive background as an appellate attorney and specialized knowledge of the academic disciplinary process. Can you help me defend my honor code charge? Yes. I offer student defense advising services throughout the United States. Using my nearly twenty years as an attorney with a specialized knowledge of the academic integrity process, I assist students to gain successful outcomes. Call today for a free consultation. (855) 338-5299 Richard Asselta is an award-winning student defense lawyer who offers student defense services throughout the United States. He is experienced in defending all types of college disciplinary issues, including falsification. Click here to read what clients are saying about Richard Asselta on AVVO, a lawyer review website. Read More

Using of vape pens and bringing edibles to school is gaining in popularity among students. Schools have responded with a zero tolerance policy if a student is caught with possession of a drug, drug paraphernalia, or if they distribute of drugs. Even pretending that a something is a drug can be cause for suspension or expulsion. What is considered a drug? Each school district has their own rules for what is banned from a school campus. Most common drugs like marijuana, ecstasy, and cocaine are banned. Prescription drugs like Adderall, Xanax, and Ativan can also be banned if the student who has them is not the prescribed person. What about having a vaping device, rolling paper, pipe, or other paraphernalia on school grounds? If a school finds a student with drug paraphernalia like a pipe, vaporizer, or Juul they will submit it for residue testing. A pipe or other device with tobacco residue is usually treated less severe than if it was used with marijuana. Even if the student did not have possession of the drug on school, whatever residue was found will be considered. I was pretending that an edible had drugs in it, but it didn’t. Even joking around that an edible has drugs in it can be cause for suspension or expulsion from school. Can you help me fight a suspension or expulsion from school? Yes. I defend students throughout Florida in student disciplinary hearings. Using my nearly twenty years of legal experience combined with specialized knowledge of the student disciplinary process, I give students the best chance at a successful outcome. Call now for a free consultation. (855) 338-5299 Richard Asselta is an award-winning lawyer for students who assists students facing suspension or expulsion from school. Call today and start building your defense. Click here to read what clients are saying about Richard on AVVO, an attorney review website.   Read More

College is stressful, and students can fall behind in their work. The pressure to keep their grades up can cause students to turn to websites that claim, “pay us and we will write you a 100% original paper, guaranteed.” However, the guarantee is rarely ever truthful. I have worked with several students who used a service like this and then were flagged for plagiarism. What should a student do if caught turning in a purchased paper? Students are usually caught when professors use plagiarism checkers. Buying a paper can cause a student to face not one but several honor code violations. These violations can be tough to defend against because it is challenging to argue against a similarity report like the one that Turnitin uses. Just saying you didn’t plagiarize while a report says otherwise is not a good defense strategy. You need evidence to prove this. I work with students to figure out if there is evidence to support they didn’t plagiarize or find a way to negotiate for a lower sanction. Click here to read more about plagiarism. Richard Asselta is a lawyer for students who defends students all over the United States. If you find yourself accused of plagiarism, call Asselta Law today. Free consultation. (855) 338-5299 Read More