General Education Law

At Biello & Soowal, PLLC, we believe that education is not just a public service—it is a fundamental right and societal cornerstone. In Florida, the laws that govern education continue to evolve rapidly, reflecting broader political, cultural, and institutional shifts. 

As Florida general education lawyers, we provide legal support, practical guidance, and advocacy to those impacted by these laws: students, parents, educators, school administrators, and educational institutions alike.

General education law affects nearly every Florida household. Whether determining eligibility for specialized programs, resolving disputes over curriculum, addressing student discipline, or protecting civil rights in schools, these laws have powerful and lasting effects on people’s lives. We help our clients understand these laws, assert their rights, and resolve conflicts while fostering better educational outcomes.

What Does Florida General Education Law Cover?

Florida general education law encompasses many statutes and regulations to ensure all residents can access high-quality instruction. These rules govern public and private K-12 education, higher education, homeschooling, charter schools, teacher conduct, parental involvement, student privacy, curriculum mandates, and school governance.

The state’s education framework is largely codified in the Florida K-20 Education Code. This legal code outlines goals for the entire public education system, from pre-K to postsecondary education, under Title XLVIII of the Florida Statutes. Key aspects of general education law include:

• Student rights and responsibilities
• School board authority
• Teacher qualifications and discipline
• Curriculum standards and content restrictions
• Parental rights and school transparency
• Civil rights and discrimination protections
• Special education compliance
• School safety and discipline policies

As education attorneys in Florida, we interpret these laws, monitor changes, and help families and institutions comply with their obligations.

Curriculum and Content Laws: A Controversial Arena

One of the most hotly debated aspects of education law in Florida today is the content of the curriculum itself. In recent years, lawmakers have passed new regulations to restrict specific topics and emphasize parental control over classroom content.

Parental Rights in Education Act

Passed in 2022, the Parental Rights in Education Act—known nationally as the “Don’t Say Gay” law—prohibits public schools from instructing on sexual orientation and gender identity from kindergarten through third grade. For older students, any such instruction must be “age-appropriate” and “developmentally appropriate” as defined by the state.

This law also requires schools to inform parents about changes in their child’s mental, emotional, or physical health and gives parents the right to opt their children out of certain health and wellness services. 

As a Florida general education lawyer, we often receive questions from parents, educators, and schools about how to comply with this law while protecting student welfare and First Amendment rights.

Stop WOKE Act and Senate Bill 266

Florida’s Stop WOKE Act, which took effect in 2022, prohibits schools and employers from requiring instruction or training that teaches individuals are inherently privileged or oppressed based on race, sex, or national origin. It was followed by Senate Bill 266, signed in 2023, which expands the state’s control over higher education by restricting certain diversity, equity, and inclusion (DEI) programs and eliminating majors that promote “identity politics.”

As education attorneys in Florida, we assist colleges and universities in responding to these mandates without violating federal civil rights protections or academic freedom standards. These laws present difficult legal and ethical questions, often leading to disputes and litigation.

Student Rights and Protections

Students in Florida schools are entitled to several rights under state and federal law. These include:

• The right to a free public education under Article IX, Section 1 of the Florida Constitution.
• Protections under the Individuals with Disabilities Education Act (IDEA) and Section 504 of the Rehabilitation Act.
• The right to freedom of speech and expression under the First Amendment.
• Protection from discrimination under Title VI of the Civil Rights Act, Title IX, and the Americans with Disabilities Act.

Our firm represents students and parents in cases involving:

• School discipline (suspensions, expulsions, alternative placements)
• Bullying and harassment
• Special education services and Individualized Education Plans (IEPs)
• Discriminatory grading or denial of services
• Denial of accommodations for disabilities or religious practices

Whether your child is being unfairly punished or denied necessary resources, our education attorneys in Florida can help ensure their rights are upheld.

Educator Representation and Employment Issues

Teachers and administrators are frequently caught in the legal crossfire when education laws shift. At Biello & Soowal, we represent educators facing professional discipline, contract disputes, defamation, and allegations of misconduct.

Many of our clients have faced investigations by the Florida Department of Education’s Office of Professional Practices Services (PPS). These cases can result in license suspension or revocation if not properly handled.

We also advise school employees regarding:

• Non-renewal or termination of contracts
• Accusations of violating curriculum laws
• Retaliation for whistleblowing
• Workplace harassment
• Free speech rights within the classroom

The legal protections afforded to educators are often misunderstood or inconsistently applied. We make sure your rights are protected and your voice is heard during administrative and legal proceedings.

Institutional Compliance and Litigation

We work with schools and school boards to evaluate internal policies, training programs, and administrative decisions in light of new and existing state regulations. As laws evolve, institutions must be vigilant in updating their practices to avoid costly litigation or penalties.

Some of the compliance issues we assist with include:

• Title IX investigations and procedures
• FERPA compliance and student data protection
• Religious freedom accommodations
• Disciplinary code revisions
• Responding to public records requests
• Preparing for accreditation and legislative audits

Educational institutions must balance community expectations with state directives. Our team works closely with administrators to build legal frameworks that are lawful, defensible, and fair to all parties.

Special Education and Disability Rights

Special education remains one of the most regulated areas of education law. Under the Individuals with Disabilities Education Act (IDEA), eligible students have the right to a Free Appropriate Public Education (FAPE) in the least restrictive environment.

In Florida, this means students may be entitled to a wide range of accommodations and services, including:

• Assistive technology
• Occupational therapy
• Behavioral supports
• Modified curriculum
• One-on-one paraprofessionals
• Transportation

We frequently advocate for families during IEP meetings, due process hearings, and state complaints. Whether your child has autism, ADHD, a physical impairment, or an emotional disturbance, our Florida general education lawyers are equipped to protect their educational rights.

Bullying, Harassment, and School Safety

Florida law requires every district to adopt an anti-bullying policy that prohibits harassment based on race, color, national origin, sex, disability, or religion. Despite these requirements, many students continue to suffer from physical and emotional harm within school walls.

We support families navigating:

• Cyberbullying and social media abuse
• Physical assaults on school grounds
• Teacher misconduct or neglect
• Unsafe school transportation or facilities
• Police presence and use of force in schools

We can also help if you believe the school failed to protect your child or responded inadequately to reports of bullying or threats. Parents may sometimes have the right to seek damages under state tort law or federal civil rights statutes.

Charter Schools, Homeschooling, and School Choice

Florida is at the forefront of school choice, with robust options for charter schools, homeschooling, virtual education, and private school vouchers. While these choices offer flexibility, they also raise significant legal issues, such as:

• Enrollment disputes and discrimination claims
• Funding and oversight of charter institutions
• Conflicts between state mandates and homeschool curricula
• Student record access and standardized testing obligations

Parents often ask us questions about their rights and responsibilities in choosing alternative education models. As education attorneys in Florida, we clarify the law and intervene when families are denied lawful access to the education model of their choice.

Key Florida Education Laws and Policies

Here are a few of the most impactful laws and regulations you should know about:

• Florida Statutes Chapter 1001–1013: Covers K-20 education code from governance to finance.
• Section 1003.56: English Language Learners (ELL) instruction.
• Section 1006.147: Jeffrey Johnston Stand Up for All Students Act (anti-bullying).
• Section 1002.20: Enumerates parental rights regarding student education.
• Rule 6A-6.0331: Procedures for screening, evaluating, and determining eligibility for special education services.
• Florida Sunshine Laws: Require transparency in public school board meetings and recordkeeping.

Our firm monitors legislative updates and educates our clients on how these policies affect them in real time.

The Role of a Florida General Education Lawyer

If you are navigating an education-related issue, working with a Florida general education lawyer can make all the difference. Our firm provides:

• Strategic legal advice tailored to your specific situation
• Representation in administrative hearings, due process complaints, and court proceedings
• Contract drafting and policy review for institutions
• Clear communication and guidance through complex laws and bureaucracies

Whether you are a parent advocating for your child, a teacher under investigation, or a school updating its curriculum policies, we offer the knowledge and advocacy you need.

Why Choose Biello & Soowal, PLLC?

Our firm stands out for its focus on clarity, compassion, and effectiveness. We take the time to understand your goals and craft legal strategies that get results. We are based in Florida, deeply familiar with its laws and agencies, and committed to protecting the rights of students and educators.

Our clients trust us because we:

• Offer personalized service and long-term support
• Stay current on all legal and legislative updates
• Provide clear answers without legal jargon
• Treat every case with the care and attention it deserves

We do not see education law as just another legal category. To us, it is about helping families thrive and preserving the integrity of one of our state’s most important institutions.

Frequently Asked Questions About General Education Law in Florida

What should I do if my child is being unfairly disciplined at school?

Start by requesting a copy of the school’s disciplinary policy and any incident reports or written notices. In Florida, students facing suspension or expulsion are entitled to due process. That includes the right to a hearing and the opportunity to present their side. If you believe your child’s rights have been violated, we can review the disciplinary procedures and represent your family during appeals or administrative hearings.

Can I challenge a school’s curriculum or classroom materials?

Yes. Under Florida law, parents have the right to review curriculum materials and file objections with the school district. Some recent laws, such as the Parental Rights in Education Act, reinforce this right. However, the process must follow district and state guidelines. We help parents navigate this process while avoiding unintended legal consequences.

What rights do students with disabilities have in Florida?

Students with disabilities have robust legal protections under the Individuals with Disabilities Education Act (IDEA), Section 504 of the Rehabilitation Act, and the Americans with Disabilities Act. These include the right to a Free Appropriate Public Education (FAPE) in the least restrictive environment. If your child is being denied necessary services or accommodations, we can intervene to enforce their legal rights.

Are private schools subject to the same laws as public schools in Florida?

Not always. While private schools are generally exempt from many state curriculum mandates, they must still comply with federal laws related to civil rights, disability accommodations, and basic health and safety regulations. A private school receiving state funding through vouchers or tax-credit scholarships may also be subject to additional state oversight.

Can I homeschool my child in Florida without legal complications?

Yes. Florida law permits homeschooling under specific conditions. Parents must submit a notice of intent, maintain a portfolio of records, and provide an annual evaluation. Problems can arise if the school district questions compliance or denies credit for completed work. We advise homeschooling families on how to protect their legal standing and ensure their child’s education is properly recognized.

When should I contact an education attorney in Florida?

You should reach out if you’re facing an unresolved conflict with a school, your child’s rights have been violated, you’re an educator under investigation, or your school is implementing new legal mandates. The sooner we get involved, the better positioned we are to resolve the issue efficiently.

Helping You Move Forward with Confidence

Education is a shared journey between families, educators, and the state. Florida’s legal framework—while complex—is designed to support a system that works for everyone. When conflicts arise, rules change, or rights are at risk, Biello & Soowal, PLLC is here to help.

We encourage anyone with an education-related legal concern to reach out. We offer consultations and case reviews to help you understand your rights, explore options, and develop a legal path forward. No matter the challenge, you do not have to face it alone.

Let us be your advocates in education law. We’re ready to stand with you and help you protect what matters most: your child’s future, your professional integrity, or your institution’s mission.