No. 19-421

In Re William Henry Hamman

Lower Court: N/A
Docketed: 2019-09-30
Status: Denied
Type: Paid
Response Waived
Tags: 14th-amendment administrative-law civil-rights-education dual-enrollment due-process education equal-protection florida-statute home-education procedural-due-process statutory-interpretation substantive-due-process
Key Terms:
AdministrativeLaw DueProcess FourthAmendment JusticiabilityDoctri
Latest Conference: 2019-10-18
Question Presented (AI Summary)

Does the 14th amendment's guarantee of equal protection extend to Florida's children here, or may the executive willfully break the black letter of law and defraud a substantial class of children

Question Presented (OCR Extract)

Questions Presented 1) Florida’s public colleges and universities each require a high school GPA in order to participate in ; the Dual Enrollment program. But law states that “A high school grade point average may not be / required for home education students” Florida Statute 1007.271(13)(b)(2) The question is: Does the 14th amendment’s guarantee of equal protection extend to Florida’s children here, or may the executive willfully break the black letter of law and defraud a substantial class of children. 2) Florida Statute clearly specifies the initial eligibility requirements for the Dual Enrollment program which grant a student legal eligibility to participate in the program per FS 1007.271. The executive requires materially greater initial eligibility requirements than : law allows before they will provide the program to : people, people who've already been granted rights under FS 1007.271. One example is cited in Pet. App. al, FLSC 19-386 Mandamus 3-8-19 pp. 12,13 The question is: At what point does the 14th amendment’s guarantee of substantive due process rights to participate in the state’s education system per law kick in and have effect; is it at the point of attainment of the criteria specified in Florida Statute 1007.271, or does the 14th amendment’s substantive due process guarantee only have effect at the point : Florida’s executive decides it shall? 1 1) Florida’s public colleges and universities each : require a high school GPA in order to participate in the Dual Enrollment program. But law states that ; “A high school grade point average may not be required for home education students” Florida : Statute 1007.271(13)(b)(2) The question is: Does the 14th amendment’s guarantee 7 of equal protection extend to Florida’s children here, or may the executive willfully break the black letter of law and defraud a substantial class of children. 2) Florida Statute clearly specifies the initial eligibility requirements for the Dual Enrollment program which grant a student legal eligibility to participate in the program per FS 1007.271. The executive requires materially greater initial eligibility requirements than law allows before they will provide the program to people, people who've already been granted rights under FS 1007.271. One example is cited in Pet. App. , al, FLSC 19-386 Mandamus 3-8-19 pp. 12,13 : The question is: At what point does the 14th amendment’s guarantee of substantive due process rights to participate in the state’s education system ; per law kick in and have effect; is it at the point of attainment of the criteria specified in Florida Statute 1007.271, or does the 14th amendment’s substantive , due process guarantee only have effect at the point , Florida’s executive decides it shall? 3) Florida Statute 1007.271(13)(b) clearly states that “Each public postsecondary institution eligible to participate in the dual enrollment program pursuant to s. 1011.62(1)G@) must enter into a ; home education articulation agreement with each home education student seeking , enrollment in a dual enrollment course” But the executive claims that “Satisfying minimum ; requirements does not guarantee admission to UCF” on UCF’s Dual Enrollment web page located at (to Dual Enrollment link) The question is: Is this a breach of the 14th amendment’s guarantee of procedural due process, or : does the university offer the due process guaranteed under Carey v. Piphus, 435 U.S. 247 (1978) of which I : am not aware? ; . ii .

Docket Entries

2019-10-21
Petition DENIED.
2019-10-17
Waiver of right of respondents Governor Ron DeSantis and Attorney General Ashley Moody to respond filed.
2019-10-02
DISTRIBUTED for Conference of 10/18/2019.
2019-09-11
Petition for writ of habeas corpus filed.

Attorneys

Governor Ron DeSantis and Attorney General Ashley Moody
Stephanie A. DanielFL Attorney General's Office, Respondent
Stephanie A. DanielFL Attorney General's Office, Respondent
In Re William Henry Hamman
Alfred Risien Hamman — Petitioner
Alfred Risien Hamman — Petitioner