At Biello & Soowal, PLLC, we recognize how important it is for your child to have a clean educational record and a fair chance to thrive in school. Unfortunately, disciplinary actions—whether minor or severe—can seriously impact a child’s academic progress, emotional well-being, and future opportunities.
As Florida student defense lawyers, we advocate for elementary through high school students who face disciplinary action or academic sanctions. We believe in second chances, fair process, and protecting your child’s future.
When your child is accused of wrongdoing in school, the disciplinary process can feel confusing and intimidating. School administrators and districts follow procedures, but those processes don’t always favor the student. That’s where we come in.
As student defense attorneys in Florida, we ensure that your child’s rights are protected, their voice is heard, and that disciplinary actions are challenged with evidence, strategy, and compassion.
The Growing Scope of School Discipline in Florida
Disciplinary issues are becoming more common and severe throughout Florida schools. According to the Florida Department of Education, over 193,000 students received out-of-school suspensions in the 2022–2023 school year. These numbers represent a sharp increase compared to previous years, pointing to rising behavioral issues and stricter enforcement of school codes.
Behavioral concerns that once would have been handled with detention or a phone call home often escalate to school board hearings, police referrals, and expulsion recommendations. These responses can have long-term consequences, including academic setbacks, damaged reputations, and even entry into the juvenile justice system.
As Florida student defense attorneys, we’ve seen firsthand how zero-tolerance policies disproportionately impact students of color, students with disabilities, and students from under-resourced communities.
According to the U.S. Department of Education’s Office for Civil Rights, Black students in Florida are nearly three times more likely to be suspended or expelled than white students for the same behavior. This disparity is part of the broader school-to-prison pipeline—a pattern where children are pushed out of school and into the criminal justice system.
We are here to break that pipeline and give students the representation they need to stay in school and stay on track.
What Florida Law Says About School Discipline
Every public school in Florida is required to have a student code of conduct. Under Florida Statute §1006.07, principals can suspend students for up to 10 school days. The principal may recommend expulsion for more serious behavior, potentially removing the student for the rest of the school year or longer.
Florida law also outlines a student’s right to due process. Before a suspension or expulsion can be finalized, the student must:
- Be informed of the charges
- Receive a summary of the evidence
- Have an opportunity to present their side of the story
In practice, however, this process can be rushed, confusing, or handled unfairly, especially for younger students who may not fully understand their rights.
We ensure schools follow the law and fight back when they don’t.
Common Student Disciplinary Allegations We Defend
Our team defends students against various alleged misconduct and school policy violations. Whether your child is in third grade or their senior year of high school, they deserve fair treatment and legal protection.
Fighting and Physical Altercations
Physical altercations are among the most common reasons for school suspensions. However, many students are punished for defending themselves or being involved in situations they didn’t start. We investigate what happened and fight for fairness.
Drug and Alcohol Violations
Florida schools enforce strict penalties for drug possession, alcohol use, or vaping on school grounds. These cases can escalate quickly to police involvement. We work to challenge the evidence, evaluate search procedures, and fight for alternatives to expulsion or criminal charges.
Bullying, Harassment, and Cyberbullying
Allegations of harassment or cyberbullying often lead to suspension or school transfer. These accusations can be complicated by digital evidence and social dynamics. We help students and families navigate these emotionally charged cases while protecting reputations.
Sexual Misconduct Allegations
Even unfounded allegations can damage a young person’s life. We defend students accused of inappropriate behavior with sensitivity and professionalism. These cases often require coordination with Title IX procedures and may involve police investigations.
Academic Dishonesty and Cheating
Many schools enforce honor codes and treat cheating seriously. If your child is accused of plagiarism or using unauthorized materials, we advocate for a fair review of the facts and challenge assumptions that could harm their academic record.
Threat Allegations and Social Media Posts
Students are increasingly disciplined for comments made on social media, often without intent to harm. Florida has considered expanding school authority over digital behavior (Politico). We help protect students from overly broad interpretations that punish speech or behavior taken out of context.
Defending Students with Disabilities
Students with IEPs or 504 plans are particularly vulnerable to unfair discipline. Under the Individuals with Disabilities Education Act (IDEA), these students have additional protections, including a required manifestation determination review if discipline exceeds 10 school days.
We ensure schools do not punish students for behavior related to their disabilities. When necessary, we challenge the adequacy of IEP services and push for behavioral supports, not exclusion.
Disciplinary Hearings: What to Expect
Florida schools often hold a formal disciplinary hearing when a student faces expulsion or extended suspension. These hearings are similar to courtroom proceedings and may involve:
- School administrators
- District officials
- Legal counsel for the school
- Witnesses
- Evidence review
Students and parents are allowed to bring their legal representation. This is a critical moment in your child’s case; you do not want to face it alone.
We handle all disciplinary hearings: gathering evidence, preparing witness statements, cross-examining school officials, and negotiating outcomes. We always aim to keep your child in school and out of the justice system.
Stand Up for What’s Right in Education
Contact Bilello & Soowal, PLLC, Today To Set Up A Free Initial Consultation
Why Hire a Florida Student Defense Lawyer?
Parents often ask us, “Do I really need a lawyer for a school issue?” The answer is: if the stakes are high, legal help matters. Here’s why:
- Procedural Errors Are Common – We identify violations of due process, flawed investigations, and biased discipline.
- School Systems Have Legal Resources – Most districts have legal counsel and follow strict rules. You deserve the same.
- We Protect Long-Term Outcomes – A suspension or expulsion can affect college admissions, scholarships, and juvenile records.
- We Bring Perspective and Strategy – With our experience, we know what works and how to de-escalate disciplinary disputes.
We have helped students return to school, clear their records, and avoid unnecessary legal exposure.
What to Do If Your Child Is Facing Discipline
If your child is being investigated or has already received notice of a suspension or expulsion:
- Do not let your child make statements without you present. Statements made to school staff can be used as evidence.
- Request all documentation in writing. Get copies of the incident report, witness statements, and video surveillance.
- Contact our office immediately. The sooner we are involved, the more options we can explore to resolve the matter.
- Keep your child calm and informed. They must understand that their future is essential and must be defended.
We are here to guide you through every step, from the first meeting to the final resolution.
Working with Us: What to Expect
We take a compassionate, hands-on approach to every student defense case. Our process includes:
- Free Consultation – We review the facts and discuss possible outcomes with no obligation.
- Case Investigation – We gather evidence, request records, and speak to relevant parties.
- School and District Advocacy – We attend meetings and hearings, advocating for fair outcomes.
- Court Coordination if Needed – We manage both the school and legal defense if criminal charges are filed.
As a trusted student defense law firm in Florida, we have built strong relationships with educators and administrators throughout the state. We use those relationships—alongside solid legal arguments—to create positive, lasting results for students and families.
Serving Families Across Florida
We proudly serve students in:
- Miami-Dade, Broward, and Palm Beach Counties
- Hillsborough and Pinellas Counties
- Orlando and Central Florida school districts
- North Florida and the Panhandle
- Charter and private schools as well
No matter where you are in Florida, we are ready to help your student.
Frequently Asked Questions
What’s the difference between suspension and expulsion?
A suspension is a temporary removal from school (usually up to 10 days). Expulsion is a more serious action, often lasting a semester or more, and may require enrollment in an alternative program.
Can my child be expelled for something that happened off campus?
Yes—especially if it involved social media, drugs, or threats. Florida schools may discipline students for off-campus behavior if it disrupts school operations or student safety.
Do private school students have the same rights?
Private schools do not follow the same public-school due process laws, but they must honor the terms of their student handbook. We still help defend students in private institutions when procedures are unfair or discriminatory.
What if my child has an IEP or 504 Plan?
They have additional legal protections under federal law. Schools must conduct a manifestation determination to assess whether the behavior was related to the student’s disability.
Can school discipline affect college admissions?
Yes. Disciplinary actions may appear on transcripts or need to be disclosed on college applications. We fight to keep records clean and help families navigate disclosure issues.
Contact Biello & Soowal, PLLC Today
If your child is facing a disciplinary investigation, suspension, or expulsion, do not wait. Every hour matters when protecting your child’s education and future. We are Florida student defense lawyers who care deeply about the children and families we serve.
Let us help you fight for your child’s rights, future, and well-being.
