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Am I entitled to due process in a Florida private school?

's Profile Image Generally, you are not entitled to due process in a Florida private school. The reason being is because private schools do not have to follow the Constitution. That being said, most private schools have a handbook that contains policies and procedures which they’re required to follow. If those policies and procedures have not been followed in regards to you or your child, then you may have an action. You can learn more in our Education and School law practice area. Read More

As a Florida school district employee, how should I respond to a negative evaluation?

's Profile Image As a Florida school district employee, if you receive a negative evaluation, you should respond in writing as it will become part of your personnel file. You also have the right to request a certain amount of designated reviews. You should consult your specific school district’s handbook to understand what that process is. Read More

As a teacher in Florida, what can I do if my principal does not like me and gives me an unsatisfactory evaluation?

's Profile Image In Florida, teacher evaluations are based on a specific rubric. Therefore, your principal’s personal opinion of you should have nothing to do with your evaluation. If you receive a bad evaluation, and if you believe it’s due to your principal’s personal opinion, you should consult an education law attorney. Read More

Can a teacher lead a prayer at a Florida public school?

's Profile Image It is unconstitutional for a teacher to pray with or pray in the presence of students at a public school in Florida. Due to the unique nature of a public school teacher, they’re considered government employees and any prayer by such an employee would be considered an endorsement of religion by the school which violates the Establishment Clause of the U.S. Constitution. Read More

Can I speak at Florida school board meetings?

's Profile Image Generally, yes, you can speak at school board meetings in the State of Florida. In accordance with Florida’s Sunshine Law, school board meetings are open to the public except for some contract negotiations. You should consult with your local school board to make sure you understand the policies and procedures and what you have to do to get on the agenda to speak. Read More

Can I sue a school in Florida for violating FERPA?

's Profile Image Unfortunately, the United States Supreme Court has ruled that students do not have a private action under FERPA. However, you may have an action under Florida state law. For instance, there could be privacy violations or perhaps a negligence claim that can be asserted. You should consult with an education attorney, tell him or her the circumstances of your case, and have them advise you. Read More

Can my child be suspended from a Florida public school without a hearing?

's Profile Image Whether or not your child could be suspended from a public school in the State of Florida without a hearing depends on the nature of the suspension. If the suspension is for less than 10 days then the child has a right to be heard, but not necessarily has a right to a formal hearing. If the suspension is more than 10 days then the law requires that a formal hearing be held, normally before the local school board. Read More

Can my child pray at a public school in Florida?

's Profile Image Your child can individually pray at a Florida public school so long as the prayer is not coercive or doesn’t disrupt the school. For example, your child can say a blessing before his or her meal at lunch, however, the school cannot sponsor or be seen to sponsor the prayer. Read More

Can my child’s conversations at home on the phone or computer with friends lead to discipline at a Florida school?

's Profile Image Whether or not your child’s conversations at home, whether on a telephone or a computer, can lead to disciplinary action at school, really depends on the facts. For example, if a child is having a conversation about bullying or harming another student, or creating some sort of disruption in the school, the school has a good argument for the discipline. If something like that occurs, you should consult with an education attorney, tell him or her the facts, and let them advise you as to how to proceed.  Read More

If a college graduate or doctoral student is dismissed from school, what legal options do they have?

's Profile Image There may be several legal options available depending upon whether or not the school is a public school or a private school. Most schools have some sort of internal appeal process. That process should be exhausted. If it is a public school, you also then have a right to file what’s called a writ of certiorari to a circuit court. If it is a private school, one option that you have is always to sue the school if you believe that the school failed to do something or did something improper.  Read More

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