Straight answers to the questions students and parents ask most. This is general information, not legal advice about your situation.
You aren't required to have one, but the school has administrators, written procedures, and often its own lawyers. A lawyer can track deadlines, get your records, build your response around the school's own rules, and help you avoid statements that hurt you later. At Florida public colleges and universities, state law lets your advisor or lawyer take a direct part in conduct proceedings, including questioning witnesses.
Fla. Stat. § 1006.60(3) requires Florida's state universities and Florida College System colleges to give students, among other protections: written notice at least 7 business days before the proceeding; a list of known witnesses and the known information about the allegation, including information that helps the student, at least 5 business days before; a presumption that no violation occurred, with the school bearing the burden of proof by a preponderance of the evidence; an impartial hearing officer; the right to remain silent; the right to present information and question witnesses; an advisor or lawyer who may directly participate; an appeal to a senior administrator; and an accurate, complete record of the proceeding. More detail: Florida student defense guide.
Often only days. Internal appeal deadlines come from each school's own policies, and some are very short. After a final decision by a Florida public college or university, court review is generally by a petition for writ of certiorari in circuit court, due within 30 days of the decision, and skipping that step can undermine a later lawsuit. Calendar every deadline the day you receive a notice.
No. Private schools are not government actors, so constitutional due process and § 1006.60 don't apply to them in the same way. Florida courts treat the relationship between a student and a private school as a contract, with terms drawn largely from the catalog and student handbook, and they review academic decisions only for whether the school acted arbitrarily, irrationally, in bad faith, or unlawfully. That makes the school's own written rules the center of the case.
Sometimes, but sovereign immunity makes it harder. Florida allows contract claims against the state only on an express, written contract, and appellate courts have held that a student handbook or catalog alone generally isn't enough. In 2025, the Florida Supreme Court recognized that a university financial liability agreement can qualify when its terms create obligations on both sides. Federal civil-rights claims follow different rules. More: Can you sue your university?
The 2020 federal Title IX regulations. A federal court vacated the 2024 rule nationwide on January 9, 2025, and the U.S. Department of Education announced it would enforce the 2020 rule. For sexual harassment complaints at colleges, the 2020 rule calls for a live hearing where each party's advisor can cross-examine. The Department has signaled new rulemaking, so confirm the current rule before relying on it. More: Which Title IX rule applies.
Make a written FERPA request to your school, usually through the registrar. The school must let you inspect your records within a reasonable time, and no later than 45 days after it receives the request. If a record is inaccurate or misleading, you can ask the school to amend it and, if the school refuses, request a hearing. A FERPA complaint to the U.S. Department of Education generally must be filed within 180 days. More: FERPA guide.
Get the denial and the reasons in writing, use the school's grievance or appeal process, and keep your documentation organized. Colleges must adjust academic requirements that discriminate based on disability, but not requirements they can show are essential to the program or to licensing. You can also file a complaint with the Department of Education's Office for Civil Rights, generally within 180 days. More: Accommodations under 504 and the ADA.
Yes. At public schools, the Constitution requires notice and an opportunity to be heard before a disciplinary suspension or expulsion, while an academic dismissal generally needs only a careful and deliberate decision. Courts also defer to genuine academic judgment. Schools sometimes call a conduct problem “academic” or “professionalism” to get that deference, so the label matters. More: Academic vs. professionalism dismissal.
Save the notice and every related email. Download the exact policy the school cites. Write a dated timeline while your memory is fresh. Calendar every deadline. Don't send an emotional reply, and don't record a meeting without getting advice first. Then get legal advice before you submit anything in writing. More: Why Act Early.
It depends on the scope of the work. Scope and fees are set out in a written engagement agreement before any work begins. Published fee information is on A Students' Lawyer.
I'm based in Boca Raton, Florida, and meet by appointment in Boca Raton and by phone. I represent students at colleges and universities throughout Florida and am admitted to practice in all three federal district courts in Florida. Find your school on the Florida Schools page. For students outside Florida, I work nationwide through my main practice, A Students' Lawyer — serving as a hearing advisor where school procedures allow one, handling limited-scope advisory work, and appearing in the federal courts where I am admitted, including districts in Colorado, Illinois, Nebraska, New Mexico, and Wisconsin.
No. An attorney-client relationship begins only after I confirm there are no conflicts and a signed engagement agreement is in place. Please don't send confidential information before then.
Deadlines in school disputes are short, and the record is usually built early. Start with the Fast Start process, read Why Act Early, or call or text 561-308-9119.
Attorney Advertising / General Information: This website is for general information and is not legal advice. Viewing this site or contacting me does not create an attorney–client relationship. Do not send confidential information until a signed engagement agreement is in place. Outcomes depend on the facts and record; no result is guaranteed.