The issue is whether Everett meets the criteria for assignment to an educational alternative program. The Petitioner presented the testimony of Charles F. Thompson, assistant principal at Madison Junior High School; Ollie Yeager, guidance counselor Ben Simmons, social worker; Arline Shapiro, teacher; and Betty T. Orfly, teacher. Petitioner also had 30 exhibits admitted in evidence. Petitioner waived the filing of a transcript and proposed order.Extensive history of disciplinary problems and disruptive behavior prevented student from succeeding academically. Alternate school program assignment is proper.

New Individual Education Plan with placement at alternative school program for exceptional student with extensive history of persistently disruptive behavior and excessive absences is proper.

This is a case in which the School Board of Dade County proposes to assign Rodolfo Damian Menedez to the Jan Mann Opportunity School-North. The School Board contends that the assignment to opportunity school is appropriate because of the student's "disruption of the educational process in the regular school program and failure to adjust to the regular school program." The Respondent and his parents oppose the assignment to opportunity school. This case was originally scheduled for hearing on September 20, 1985, but was continued because there were no court reporter and no translator in attendance. The parties agreed to reschedule the hearing on oral notice of less than 14 days in order to secure an early hearing date. At hearing on October 7, 1985, both parties stated they had no objection to the notice of hearing. At the end of the formal hearing, the Hearing Officer advised both parties that they would be allowed ten (10) days within which to file proposed findings of fact and conclusion of law. On October 21, 1985, the Respondent filed a document titled "Final Order" which has been treated as a proposed recommended order with proposed findings of fact. As of the time of the issuance of this Recommended Order, the Petitioner has not filed any proposed findings of fact or conclusions of law. Specific rulings on the proposed findings of fact submitted by the Respondent are incorporated in the appendix attached to this Recommended Order.On facts in this case, student should be assigned to traditional school program, rather than to "opportunity school."

Teacher's reactions and rumors/hearsay and student's possession of nail clippers does not meet definition of disruptive student behavior.

School board should remove student from educational alternative program and return to regular school when no evidence of disruptive behavior exists.

School Board should assign student to an educational alternative program for persistent behavior that disrupts the educational process.

School Board should assign student to an educational alternative program where student shows persistent behavior that disrupts the educational process.

School Board failed to meet burden of proof that student's behavior was persistently disruptive, thus student should be assigned to regular school.

School Board should return student to regular school and evaluate student for placement in alternative school program.