D.K., A CHILD, BY HIS FATHER, THOMAS A. KENNEDY, APPELLANTS,
v.
DISTRICT SCHOOL BOARD INDIAN RIVER COUNTY, FLORIDA, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
A student suspended for ten days from school sought judicial review of the suspension order under Florida's Administrative Procedure Act. The court dismissed the appeal, holding that suspensions are statutorily exempted from APA review and that a suspension does not become reviewable merely because expulsion was recommended as a possibility.
The court held that suspension hearings are specifically exempted from the APA and district courts have no jurisdiction to review suspensions on appeal. A suspension does not become reviewable under the APA merely because expulsion was a possibility, as this would circumvent the legislature's intent to limit review of suspensions.
[1] A student's suspension from school is not subject to review under the Florida Administrative Procedure Act.
[2] Judicial review is available for school board hearings that result in expulsion, but not for those resulting in suspension.
Previewing 2 of 5 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“suspension hearings are specifically exempted from the protections of the APA”
Establishes that suspensions fall outside APA jurisdiction
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceIn October 2007, the school principal suspended D.K. for 10 days under the school's zero weapon tolerance policy pursuant to Section 1006.13(l)(a), Fl…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Florida Administrative Procedure Act cases and more on FLexlaw
DAMOORGIAN, J.
Appellee, District School Board of Indian River County (“School Board”), seeks dismissal of D.K’s appeal on the grounds that a suspension order is not permitted to be reviewed under the Florida Administrative Procedure Act (ch. 120, Fla.Stat.). We dismiss D.K’s appeal of his suspension because this Court has no jurisdiction to review a direct appeal of a School Board’s decision that results in suspension.
In October 2007, the principal suspended D.K. for 10 days under the school’s “zero weapon tolerance policy” pursuant to Section 1006.13(l)(a), Florida Statutes (2006), and recommended expulsion. The School Board sustained the suspension, but did not expel D.K. D.K. seeks judicial review with this Court of his suspension under the APA. Under section 1006.07(l)(a), Florida Statutes (2006), hearings that result in expulsion fall within the APA and are entitled to judicial review in the appropriate district court. See Mitchell v. Leon County Sch. Bd., 591 So. 2d 1032 (Fla. 1st DCA 1991); Walter v. Sch. Bd. of Indian River County, 518 So. 2d 1331 (Fla. 4th DCA 1987). However, suspension hearings are specifically exempted from the protections of the APA. See Fla. Stat. 1006.07(l)(a) and 120.81(1). Therefore, this Court has no jurisdiction to review D.K.s suspension.1
D.K. argues that he should be entitled to judicial review because he was subject to an expulsion proceeding. D.K. believes that he was subject to an expulsion proceeding because he potentially faced the punishment of expulsion. However, if we read section 1006.07 to require judicial review where expulsion is a possibility; the legislatures intent to limit the review of suspensions would be circumvented. Consequently, we construe section 1006.07 to permit judicial review of proceedings that result in expulsion and not those where expulsion is a possibility.2
Therefore, we grant the School Board’s motion to dismiss and dismiss this appeal.
Dismissed.
SHAHOOD, C.J., and POLEN, J., concur. . This holding does not bar student who has a constitutional right violated by a suspension from bringing action in the appropriate court. See Scholastic Sys., Inc. v. LeLoup, 307 So. 2d 166 (Fla.1974); Ferrara v. Hendry County Sch. Bd., 362 So. 2d 371 (Fla. 2d DCA 1978). In this case, D.K. does not allege that he was not given due process or that another constitutional right has been violated.
. The Due Process Clause does not require a student receive judicial review where the punishment is a suspension of ten days or less. See Goss v. Lopez, 419 U.S. 565, 95 S.Ct. 729, 42 L.Ed.2d 725 (1975).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
G.F.C. v. Pace, 225 So. 3d 421 (Fla. 5th DCA 2017)…imposing her punishment. “[H]earings that result in expulsion fall within the [Administrative Procedure Act (“APA”) ] and are entitled to judicial review in the appropriate district court.” D.K. ex rel. Kennedy v. Dist. Sch. Bd. Indian River Cty., 981 So. 2d 667, 667 (Fla. 4th DCA 2008) (citing § 1006.07(1)(a), Fla. Stat. (2006)). However, hearings that result in suspension do not fall under the APA, and thus are exempt from its protections. Id. Judicial review of proceedings that result in expulsion are pe…
-
S.J. v. Thomas, 233 So. 3d 490 (Fla. 1st DCA 2017)…o the pro [*498] tections of the APA. G.F.C. v. Pace, 225 So. 3d 421 (Fla. 5th DCA 2017). We do not find this case persuasive, The court relied on a case from the Fourth District, D.K. ex rel. Kennedy v. District School Board of Indian River County, 981 So. 2d 667 (Fla. 4th DCA 2008), which held that a student who was suspended for 10 days is not entitled to the protections of file APA. To the extent that the Fifth District equates the punishment imposed in G.F.C. with a period of short suspension, we reject…
-
L.M. v. State, 256 So. 3d 226 (Fla. 3d DCA 2018)…ion, a student and his or her parents and guardians have administrative remedies available, as established by the local School Board, to appeal disciplinary actions, including suspension. See D.K. ex rel. Kennedy v. Dist. Sch. Bd. Indian River Cty., 981 So. 2d 667 (Fla. 4th DCA 2008). Much as an adult defendant or civil litigant must obey a judicial order while pursuing rehearing, a stay, or an appeal, a student must obey a school principal's directive that the student "has been suspended" and must not return…
Authorities Cited
- Goss v. Lopez, 419 U.S. 565 (U.S. 1975)
- Scholastic Sys. v. LeLOUP, 307 So. 2d 166 (Fla. 1974)
- Jannine Walter v. Sch. Bd. OF Indian River Cnty., 518 So. 2d 1331 (Fla. 4th DCA 1987)
- Mitchell v. Leon Cnty. Sch. Bd., 591 So. 2d 1032 (Fla. 1st DCA 1991)
- Ferrara v. The Hendry Cnty. Sch. Bd., 362 So. 2d 371 (Fla. 2d DCA 1978)