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CalAttorney2
CalAttorney2, Attorney
Category: Education Law
Satisfied Customers: 10244
Experience:  Civil litigation attorney for individuals and businesses.
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Can my daughter sue the state of Florida her gh school

Customer Question

Can my daughter Amanda sue the state of Florida for withholding her high school diploma for not passing the FCAT 14 times she has taken it. she was never offered an IEP test. she got a certificate of completion when she walked to her class and graduation 2011. she is taking the FCAT 6 times since she has been out of high school and has missed it by two points.
Submitted: 1 year ago.
Category: Education Law
Expert:  CalAttorney2 replied 1 year ago.

Dear Customer,

I am so very sorry to learn of your daughter's situation. Unfortunately there is not a legal cause of action against the state.

The best suggestion I have for you is one you have probably already tried, and that is to help her with tutoring and test preparation prior to taking the examination again.

I wish that there was another answer, but Florida is one of many states that requires students to pass the state examination in order to receive a diploma, and while the IEP can get her additional time to take the examination, or for accommodations necessary to enable her to take the exam, it cannot exempt her from the requirement.

Customer: replied 1 year ago.
You could have pointed us in the right direction.
Expert:  CalAttorney2 replied 1 year ago.

Dear Customer,

I attempted to do so. Your daughter must pass the test. If she needs extra help, she should get tutoring. If she needs accommodations for taking taking the test, it should be written into her IEP, but it is unfair for you to expect me to know what everything you know about your specific circumstance. I answered your question "Can my daughter Amanda sue the state of Florida?" and I provided the basis for my answer, and I did provide you with additional information to assist you.

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