Issues Facing Middle and Elementary School Students in Florida
Florida continues to see rapid population growth, putting unprecedented strain on elementary and middle schools throughout the state. Teachers and administrators, overwhelmed with the number of students they must account for, may fail to provide the personal, equitable treatment every elementary and middle schooler in Florida deserves.
Struggles in elementary and middle school can spark lifelong issues. It's vital that your student gets the assistance they need and the services they deserve. No matter the specific problem your student is facing, there is a resolution—we just have to find it.
Academic Misconduct
Florida Statutes § 1003.31. states that students are subject "to the control and direction of the principal or teacher in charge of the school during the time she or he is otherwise en route to or from school or is presumed by law to be attending school."
This statute gives individual schools and administrators the capacity to:
- Set policies defining academic misconduct
- Implement systems for adjudicating alleged academic misconduct
- Discipline students found responsible for academic misconduct
Hillsborough County Public Schools rely on a "Behavior Matrix" in which specific forms of misconduct—including academic misconduct—correspond to "proportionate" disciplinary responses.
If a school in this (or any other) county in Florida departed from its established disciplinary procedures or issued a disproportionate response to alleged academic misconduct, this could be grounds for appeal or legal action on the student's behalf.
Behavioral Misconduct
The Florida Department of Education lists several statutes governing what qualifies as behavioral misconduct, types of discipline a student may receive for specific types of misconduct, and alternatives to suspension and expulsion.
State-level statutes include policies that apply to most K-12 public schools in Florida, including:
- A zero-tolerance policy for possessing a firearm on school property (or at any school function)
- A zero-tolerance policy for making threats or filing false reports
- A commitment to providing a safe learning environment and taking necessary action against students who disrupt the safe learning environment
Florida § 1006.13 also notes that, across the state, "zero‐tolerance policies are not intended to be rigorously applied to petty acts of misconduct and misdemeanors." Local districts and schools may have broader leeway to impose appropriate discipline for alleged misconduct that does not fall within the zero-tolerance realm.
Miami-Dade County Public Schools maintains a detailed classification of disruptive behaviors—Level One through Level Five. For context, Level Five offenses include battery and possession of a firearm, while Level One offenses include skipping class and using profane language. For each offense level, the district details several mandatory and suggestive corrective strategies, ranging from behavioral improvement plans to recommendations for expulsion.
Schools' and districts' leeway to adjudicate behavioral issues can lead to wrong decisions. When such incorrect decisions affect a student negatively, the Lento Law Firm Team steps in to enact a more just outcome.
Academic Difficulties and Progression Issues
The Florida Department of Education (FDOE) lists several benchmarks students must hit to progress in their academic path. If your student has had academic progression issues, they may face various consequences, including repeating a grade. This could be socially and personally devastating for your child.
The Lento Law Firm's Education Law Team will explore alternative options, such as grade changes, summer school, or even more creative solutions to help your student progress.
Disability-Related Issues (Including Lack of Accommodations)
Every student in Florida receives protection under the Individuals with Disabilities Education Act (IDEA) and, in some cases, the Americans with Disabilities Act (ADA). Elementary and middle school students in Florida are entitled to reasonable accommodations for disabilities, including:
- Services specific to their disability (a hearing-impaired student should receive written study materials, for example)
- Specialized testing accommodations
- Any other reasonable measure that improves the student's chances of success
If denial of accommodations has negatively affected your student, we will work to remedy the harm that's been done. We'll also aim to secure reasonable accommodations for your student going forward.
K-12 Parents' Rights in Florida
As we work to resolve your student's unique issue in Florida, know that Florida Statutes § 1002.20 bestows several rights upon K-12 students and parents, including the right to:
- Receive timely and accurate information about the student's academic progress and behavioral record
- The right to written notice of potential expulsion
- The right to due process in all disciplinary proceedings
Our team will ensure your student receives the due process that Florida statutes entitle them to.
How Joseph Lento and the Lento Law Firm Can Assist Your Student in Florida
Our team has represented students of all ages in Florida for years. We've learned that there is a resolution for every issue a student faces. We can assist your student if they:
- Face an upcoming disciplinary process, and you want to ensure they receive due process
- Received heavy-handed discipline (possibly including suspension or expulsion), and you want to appeal the ruling or pursue other options for relief
- Need accommodations for a mental or physical disability
- Face adverse consequences due to academic difficulties, and you want to pursue a resolution that does not cause social, personal, or academic harm
- Have any other problem that stands in the way of their safety or success in a Florida K-12 school
Any student can experience hardship in a Florida school, whether in elementary or middle school. Don't wait to ask for help when a problem arises.
We Serve Every Major Metro Area and City Throughout Florida—Call the Lento Law Firm Today
The Lento Law Firm Team serves elementary and middle school students throughout the state of Florida, including those in:
- Miami
- Fort Lauderdale
- Tampa
- St. Petersburg
- Tallahassee
- Gainesville
- Jacksonville
- Orlando
- Sarasota
- Palm Coast
Our firm will quickly learn about your student's issue and work toward a resolution. We handle every step of the process, from protecting your student to completing appeals.
Call the Lento Law Firm today at 888-535-3686 or contact us online to discuss your case.
