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
Latest Conference: 2019-10-18
Question Presented (from Petition)

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.
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(l)(i) 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?

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

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
In Re William Henry Hamman
Alfred Risien Hamman — Petitioner