Evolution Health Academy Student Defense Lawyer | Miami

Evolution Health Academy is a private nursing school in Miami whose 2025 first-time NCLEX results sat well below the statutory minimum, on a cohort large enough for the figure to be meaningful.

47.73% of 44 first-time candidates

The programme passed 47.73% of 44 first-time candidates against a floor of 76.05% — twenty-one passes and twenty-three failures. More candidates failed than passed.

Under Fla. Stat. section 464.019(5)(a)1 a Florida nursing programme’s first-time NCLEX passage rate must stay within 10 percentage points of the national average for comparable programmes — in 2025 that floor was 76.05% for associate-degree programmes and 77.17% for practical-nursing programmes. Section 464.019(5)(a)2 puts a programme two consecutive years below the floor at risk of probation and loss of approval, and section 464.019(5)(c) then obliges the programme to disclose that probationary status in writing to its students and applicants — a failure to give that notice is an independent, statute-based misrepresentation theory against a school that enrolled a student while on probation. A single year below the floor is not probation, and the Board of Nursing publishes no probation roster, so probationary status must be established from board minutes and orders rather than inferred. Every Florida programme is tabulated on the Florida nursing programme pass-rate page.

For a dismissed student that is the central fact. A programme that fails more than half its first-time candidates is not well placed to argue that a dismissal reflected the student’s inability to reach a standard, and it has a clear institutional interest in not entering marginal candidates for the examination at all.

A private school, so the statute students rely on does not apply

Most writing about Florida student dismissal assumes a public college, where Fla. Stat. section 1006.60(3) supplies notice, a hearing, the right to be accompanied by counsel and a burden that rests on the institution. This is a private institution. None of that section reaches it.

What governs instead is the enrolment agreement, the catalogue and the student and programme handbooks, read as a contract. Sharick v. Southeastern University of the Health Sciences establishes that a Florida student dismissed in breach of the school’s own contractual undertakings has a claim, and that damages can extend to lost future earning capacity rather than a refund of tuition. So the work is documentary: identify the exact promises the school made about process, and show which it did not keep.

Two further things matter at schools of this kind. Many enrolment agreements contain an arbitration clause, and whether it binds a student depends on the version signed, how broadly it is drafted, whether its cost terms are unconscionable and whether the school has waived it — that question comes first, because it decides whether there is a courtroom at all. And where a school is licensed by the Florida Commission for Independent Education rather than regionally accredited, the CIE complaint route exists alongside any civil claim and is often the faster pressure point.

A school with no federal reporting footprint

Evolution Health Academy does not appear in the federal IPEDS directory, which means it is not a Title IV participant. Two practical consequences follow. First, the usual public data about enrolment, completion and outcomes does not exist for it, so the Board of Nursing pass-rate report is close to the only published performance measure — which makes it more important, not less. Second, the school is licensed by the Florida Commission for Independent Education, and the CIE complaint route sits alongside any civil claim; for a school outside the federal system it is often the more responsive lever.

Where an Evolution Health Academy case is filed

Miami is in Miami-Dade County, which 28 U.S.C. section 89(c) places in the Southern District of Florida, Miami Division — subject to any forum or arbitration term in the enrolment agreement.

What can a student defense lawyer do here?

  • Resolve the arbitration question first, from the agreement the student actually signed.
  • Assemble the enrolment agreement, catalogue and programme handbook for the correct edition, and pin down the promises about process.
  • Test the progression arithmetic — withdrawals, repeats and clinical failures are often counted in ways the handbook does not authorise.
  • Use the Commission for Independent Education complaint route where the school is CIE-licensed, in parallel with the civil claim.
  • Press on the wording of the decision letter, which follows the student into every future licensure and transfer application.

How Florida student dismissal cases work generally is set out on the Florida student defence page.

Other Florida technical and career institutions

Every school writes its own dismissal, appeal and conduct rules, and the filing deadlines are rarely the same from one campus to the next. These pages set out the procedure at other Florida technical and career institutions:

Common questions about Evolution Health Academy cases

What was Evolution Health Academy’s pass rate?

47.73% of 44 first-time candidates in 2025 — twenty-one passes and twenty-three failures — against a statutory floor of 76.05%. More candidates failed than passed.

The school is not in federal databases. Why does that matter?

It is not a Title IV participant, so the usual public data on enrolment and outcomes does not exist. That makes the Board of Nursing pass-rate report close to the only published performance measure, and it puts more weight on the Commission for Independent Education complaint route.

Does Florida’s public-college discipline statute apply?

No. Fla. Stat. section 1006.60(3) applies to public colleges. This is a private school, so the enrolment agreement and handbooks govern as a contract, under Sharick v. Southeastern University of the Health Sciences.

Which court covers a Miami case?

The Southern District of Florida, Miami Division. Miami-Dade County is in the Southern District under 28 U.S.C. section 89(c) — subject to any forum-selection or arbitration clause.