G.F.C., A CHILD, APPELLANT,
v.
DR. DEBRA P. PACE, SUPERINTENDENT OF SCHOOLS, APPELLEE
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The court held that an administrative transfer, not expulsion, is not an appealable order under the Administrative Procedure Act.
Appellant was accused of making a false accusation and was given the choice between expulsion or an administrative transfer. Appellant chose the trans…
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We grant Appellee’s motion to dismiss this appeal for the reasons explained below.
Following investigation and an expulsion" hearing, Appellee determined that Appellant had falsely claimed that one of her teachers touched her inappropriately. Appellant was given the choice of accepting expulsion or accepting an administrative transfer from her then-current school to a virtual school with the right to return to her original school in January 2017. Appellant, with her parents’ agreement, chose to *422accept the administrative transfer. Appellant timely, but improperly, appealed the order 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 permitted under the APA, and “not those where expulsion is a possibility.” Id. at 668. Appellate courts have “no jurisdiction to review a direct appeal of a School Board’s decision that results in suspension.” Id. at 667.
Because Appellant’s punishment for making the false accusation was an administrative transfer, rather than expulsion, the order is not appealable. Appellee’s motion to dismiss the appeal for lack of jurisdiction is granted.
APPEAL DISMISSED.
ORFINGER, EVANDER, and EDWARDS, JJ., concur.
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S.J. v. Thomas, 233 So. 3d 490 (Fla. 1st DCA 2017)…cted this assertion. . The Fifth District Court of Appeal recently held that a student who was transferred from her then-current school to a virtual school for a period of time was not entitled to 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 wa…
Authorities Cited
- D.K. v. Dist. Sch. Bd. Indian River Cnty., 981 So. 2d 667 (Fla. 4th DCA 2008)