STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

SCHOOL BOARD OF PINELLAS COUNTY, )

)

Petitioner, )

)

vs. ) CASE NO. 76-253

)

ALBERTA QUARTERMAN, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice, a hearing was held before Charles C. Adams, Hearing Officer, with the Division of Administrative Hearings, at Room 21, 3rd Floor, Annex, Hillsborough County Courthouse, Kennedy Boulevard, Tampa, Florida, at 1:30 P.M., March 10, 1976.

APPEARANCES:

For Petitioner: George M. Osborne, Esquire

55 Fifth Street, South

St. Petersburg, Florida 33701

For Respondent: Mrs. Nancy Roberts

2054 119th Street, North Largo, Florida 33540

Alberta Quarterman

2054 119th Street, North Largo, Florida 33540

ISSUES

Whether or not on or about January 26, 1976, the Respondent, Alberta Quarterman, did physically and verbally attack Mrs. Bettie Shelor, Dean of Girls at the Largo Middle School, Largo, Florida, and whether the Respondent, Alberta Quarterman, should be dismissed from the public schools of Pinellas County, Florida for those alleged acts, which are regulated under Chapter 230.33(8)(c), Florida Statutes.

FINDINGS OF FACT

1. On January 26, 1976, an eighth grade assembly was being held in the Largo Middle School, Largo, Florida. Alberta Quarterman was in the assembly area, which is the gymnasium of that school, and was seen by Mrs. Bettie Shelor, the Dean of Girls, to be without her shoes and blouse. In addition, the Respondent was not with her assigned class group and was jumping up and down on the bleachers in the gymnasium. Mrs. Shelor approached Alberta Quarterman and asked her to put on her blouse and shoes and told Miss Quarterman she would not be allowed to stay in the assembly if she did not comply. Alberta Quarterman

   did not adequately comply with the request, and was asked by Mrs. Shelor to return to the administration offices for the duration of the assembly period.

   
   

2. It was the intention of Mrs. Shelor, to have the Respondent stay in the so called "time out room", for the duration of the assembly period. The "time out room" is a room in which students being disciplined are asked to stay for disciplinary purposes.

   
   

3. Mrs. Shelor returned to her office after leaving Alberta Quarterman in the "time out room". Alberta Quarterman then came into Mrs. Shelor's office, unannounced, and sat down and attempted a confrontation about the matters that had transpired in the assembly room. At the time the Respondent was in Mrs. Shelor's office, she spoke in these terms, "I don't care about shit", "You're a bitch", "Damn", "Hell", etc. Mrs. Shelor attempted to escort Alberta Quarterman from her office by placing her hand on Miss Quarterman's arm to assist her from the chair. This movement was not with force. At that time Alberta Quarterman stood up and hit Mrs. Shelor with her fist on Mrs. Shelor's upper left arm. The Respondent then ran from the room and was gone for a period of about 10 minutes.

   
   

4. The Respondent returned to the administration offices and went directly into Mrs. Shelor's office at the moment of the second encounter. After attempting to engage in conversation with Mrs. Shelor, Alberta Quarterman jumped out of the chair she was seated in and started knocking Mrs. Shelor about the room with her fists, in the area of Mrs. Shelor's arms and chest. Five or six blows of this nature were administered to Mrs. Shelor. While this action was taking place Mrs. Shelor called for assistance from a Mr. Jack Ellott, the campus security officer, who was in the outer office. At this point Alberta Quarterman picked up a chair and raised it over her head and attempted to strike Mrs. Shelor with the chair. Mrs. Shelor blocked the blow from the chair. At this moment, Martha Matthews, secretary for the Dean of Girls entered the room, and pushed a chair between Alberta Quarterman and Mrs. Shelor. Alberta Quarterman jumped over the barrier and tried to reach Mrs. Shelor again but was unsuccessful. The security officer, Jack Ellott, entered the room and stopped the Respondent from further action.

   
   

5. There was no further encounter between Mrs. Shelor and the Respondent.

   
   

6. The above findings of fact were testified about and agreed to by Mrs. Bettie Shelor, Mrs. Martha Matthews and the Respondent, with the exception that the Respondent denied raising the chair against Mrs. Shelor.

   
   

7. Since September, 1974, when the Respondent became a student at Largo Middle School, she has been referred for discipline approximately 34 times while in the seventh grade; for physical violence, violation of school rules, defiance of teachers, and verbal abuse. This same course of conduct has occurred approximately 23 times while the Respondent has been in the eighth grade at Largo Middle School. Many of these circumstances have led to the student's suspension, both from the school grounds and on-campus suspensions. The testimony of these statistics was offered by Mrs. Bettie Shelor, the custodian of these records and the Dean of Girls, for the Largo Middle School. Eight suspensions, according to Mrs. Shelor, for a total of 29-1/2 days in the course of the two years were out-of-school suspensions.

   
   

8. According to Mrs. Shelor, the student has problems following instructions and participating in a structured environment, to the extent that the student will not remain seated while class is in session and on many occasions has walked out of class. The school has tried to help the Respondent

   by providing individual attention and counseling, such as affording the Respondent individual responsibility for maintaining a garden located on the school grounds. The Respondent has been counseled by the school's social worker and school staff psychologist.

   
   

9. Linda C. Rubin, of the Pinellas County School System, Pinellas County, Florida, took the stand. Ms. Rubin has a Masters Degree in school psychology and while she was working at the Largo Middle School was involved in counseling and testing the Respondent. She testified that the Respondent lacks academic achievement and evidences disruptive behavior. In addition, she has learning problems and an auditory memory problem, observations born out by certain tests. Moreover, the Respondent was involved in a number of instances which were attributable to a short attention span and a short temper. The Respondent had lost her parents several years ago and the witness felt that this contributed to the Respondent's adjustment problem. To the witness's knowledge, no psychologist is working with the Respondent at this time, in the form of an in- school staff psychologist.

   
   

   CONCLUSIONS OF LAW

   
   

10. It is concluded as a matter of law that on January 26, 1976, at the Largo Middle School, Largo, Florida, the Respondent, Alberta Quarterman, did physically attack and verbally attack Mrs. Bettie Shelor, the Dean of Girls, at Largo Middle School, Largo, Florida. This conclusion is arrived at from the testimony offered by the witnesses in the course of the hearing. The testimony offered in the course of the hearing, would indicate that the Petitioner would be justified in dismissing the Respondent, Alberta Quarterman, from the Pinellas County, Florida Public School System, in accordance with Chapter 230, Florida Statutes.

RECOMMENDATIONS

It is recommended: If a program is available to handle students with Alberta Quarterman's background, within the public school system of Pinellas County, Florida, then the Respondent should be tried in such a program. Should no such program be available within the Pinellas County School System, it is recommended that the Respondent, Albert Quarterman, be dismissed from the Pinellas County School System for the balance and duration of the 1975-76 school year.

DONE and ENTERED this 23rd day of March, 1976, in Tallahassee, Florida.

CHARLES C. ADAMS

Hearing Officer

Division of Administrative Hearings

530 Carlton Building Tallahassee, Florida 32304 (904) 488-9675

Filed with the Clerk of the Division of Administrative Hearings this 23rd day of March, 1976.

COPIES FURNISHED:

George M. Osborne, Esquire

55 Fifth Street, South

St. Petersburg, Florida 33701

Mrs. Nancy Roberts

2054 119th Street, North Largo, Florida 33540

B. Edwin Johnson, General Counsel School Board of Pinellas County Post Office Box 4688

Clearwater, Florida 33518

Linda C. Rubin

1895 Golf to Bay Boulevard Clearwater, Florida

Alberta Quarterman

2054 119th Street, North Largo, Florida 33540

Docket for Case No: 76-000253

Orders for Case No: 76-000253