Talk To A Lawyer About Your Rights Regarding Suspension And Expulsion In Florida
Most teachers, parents and students do not realize that they have the right to an appeal if they are facing suspension or expulsion from school or from their teaching jobs. Students and their parents are often not fully informed of their rights to possible appeals by schools or school districts. But we will tell you what the school district may not want you to hear.
A suspension, dismissal or expulsion can negatively become part of your academic record. You have rights, even when facing a disciplinary hearing from a school administrator or school district. Our team at The Law Offices of Steve Rossi, P.A., can help you enforce those rights and prevent your career or your education from being ruined by an accusation that may or may not be valid.
Our founder, Steve Rossi, is a former legal counsel for the second-largest teachers union in the state and the sixth-largest in the country. He is also a former FBI agent and prosecutor, as well as a board-certified criminal trial lawyer. He has been an attorney for over 30 years and focuses on school law. Mr. Rossi has handled administrative, civil and criminal proceedings surrounding academic suspensions, dismissals and expulsions. Early intervention can possibly save you money and preserve certain time-restrictive rights. Our team can help guide you in the process.
Suspension And Expulsion For Students
A suspension or expulsion becomes a permanent mark on your educational record, whether you are in grade school, high school or college. Unfortunately, this can mean your future is damaged by this one mistake, whether it was warranted or not.
Parents should realize that they have the right to call for an appeal of their child’s suspension or expulsion. But they need to act fast. There are time limits on when you can appeal a decision, and you must enlist the help of our attorneys to guide you through the process quickly or lose the chance to save your child’s reputation.
Suspension For Teachers
Typically a teacher suspension comes about as a violation of a Florida code of conduct or a school board policy, or due to criminal conduct in or out of the classroom. In most cases, there is little to no investigation of the matter, and a teacher is suspended outright, regardless of the evidence.
Our team will conduct a thorough investigation of the accusations against you and work to show the injustice of these allegations. We strive to get your employer to reinstate you to your job or, failing that, allow you to resign retroactively with no damage to your reputation, making it possible for you to continue in your chosen career without a black mark on your record.
Frequently Asked Questions On Suspension And Expulsions
The school disciplinary system can be daunting for parents, especially when a child is suspended wrongfully. Below, we address common questions about suspensions and expulsions in Florida.
What legal options do I have if my child is wrongfully suspended?
If your child has been wrongfully suspended in Florida, there are several legal options available to you:
- Request a meeting: You have the right to request a meeting with school administrators to present your case and any evidence highlighting procedural errors made by the school.
- Appeal the suspension: Each school district has its own procedures for appeals, which involve a written request.
- File a complaint with the school district: If the appeal does not resolve the issue, you can file a formal complaint with the school district’s superintendent or school board.
In extreme cases where a wrongful suspension harms your child’s education or emotional well-being, you can consider filing a civil lawsuit against the school district.
What often leads to wrongful suspensions?
Wrongful suspensions can stem from various factors, including:
- Misunderstandings or miscommunications: Situations where school staff misunderstand or misinterpret a student’s actions can lead to wrongful suspensions.
- Bias and discrimination: Implicit biases based on race, ethnicity, gender or disability can unfairly influence disciplinary actions.
- Lack of due process: Schools must follow specific procedures when suspending a student.
- Insufficient evidence: Parents can contest suspensions based on hearsay or insufficient evidence.
Working with an attorney during this period is highly recommended to help ensure legal compliance.
How long do parents have to act?
The timeframe for parents to act can vary based on the school district’s policies. However, it is vital to respond promptly to help ensure your child’s rights are preserved. Generally:
- Immediate action (within 1-3 Days): Request a meeting with school officials as soon as you receive the suspension notice.
- Appeal deadlines (within 5-10 Days): Most school districts have specific deadlines. Check the notice or the school district’s handbook for exact deadlines.
- Formal complaints (within 2-4 Weeks): If appealing at the school level does not resolve the issue, filing a complaint with the district has a longer window.
- Legal action (within 1-2 Months): Consulting an attorney early in the process is recommended. Legal proceedings can have various statutes of limitations.
Understanding these options and acting swiftly can help protect your child’s educational rights and ensure they receive fair treatment in the school disciplinary system.
Don’t Forfeit Rights That You May Have When Facing Discipline From A School Or School District
Call our main office in Fort Lauderdale at 888-674-2051 or send us an email to schedule an appointment or phone conference. We offer representation throughout the state of Florida.