STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

JAMES WHITE, )

)

Petitioner, )

)

vs. ) CASE NO. 79-150

) SCHOOL BOARD OF DADE COUNTY, )

)

Respondent. )

)

RECOMMENDED ORDER

A final hearing in this cause was held on July 17, 1979. Subsequent to that final hearing the records of the Hearing Officer indicate that a Recommended Order was entered by the Hearing Officer. However, a review of the official record of the matter and the response of counsel for the Respondent reveals no such Recommended Order. Therefore, these findings of fact, conclusions of law and recommendation are intended to supersede any other Recommended Order previously entered in this cause.

The subject of this proceeding was the administrative assignment by the Dade County School Board of James White, a student within the school system, to the Miami Douglas MacArthur School South, an educational alternative program for disruptive, unsuccessful, or disinterested students as set forth by Section 230.2315, Florida Statutes. James White's mother requested a hearing on the assignment of her son, James White. Mitchell D. Aronson entered a notice of appearance on behalf of Mr. and Mrs. James White, on behalf of their minor child, James White, Petitioner. At the time of final hearing on July 17, 1979, no one appeared on behalf of James White. Counsel for the Respondent, Michael

1. Neimand, Esquire, represented to the Hearing Officer that the attorney for Petitioners had told Mr. Neimand that the Petitioners did not intend to pursue their petition.

   
   

   At that time, Respondent presented testimony and evidence from which the following findings of fact and conclusions of law are drawn.

   
   

   FINDINGS OF FACT

   
   

   1. During December, 1978, James White, then a student at Cutler Ridge Junior High School, in Dade County, was involved in at least two incidents that were drug-related. In one incident, James White was observed behaving in a manner indicative of the abuse of drugs while within the school. Subsequent to that and on the same day, James White, his father, and a great dane dog, confronted an assistant principal on the school grounds or just outside the gate of the school grounds. As a result of that confrontation, James White struck another person with a length of chain and Mr. White was involved in a fight with the assistant principal. Police had to be summoned to relieve the tension of the confrontation.

      
      

   2. No evidence was presented on behalf of James White.

      CONCLUSIONS OF LAW

      
      

   3. The Division of Administrative Hearings has jurisdiction of this cause.

      
      

   4. The Petitioner in this cause failed to appear and did not present any evidence of any nature.

      
      

   5. No evidence has been presented from which it can be concluded that James White should not have been placed in the educational alternative program as outlined above pursuant to Section 230.2315, Florida Statutes.

RECOMMENDATION

Based on the foregoing Findings of Fact and Conclusions of Law, it is therefore

RECOMMENDED:

This cause should be DISMISSED.

DONE and ORDERED this 10th of February, 1983, in Tallahassee, Florida.

CHRIS H. BENTLEY, Director

Division of Administrative Hearings The Oakland Building

2009 Apalachee Parkway

Tallahassee, Florida 32301

(904) 488-9675

Filed with the Clerk of the Division of Administrative Hearings this 10th day of February, 1983.

COPIES FURNISHED:

Mitchell D. Aronson, Esquire 1461 Northwest 17th Avenue Miami, Florida 33125

Jesse J. McCrary, Jr., Esquire 3000 Executive Building, Suite 300

3050 Biscayne Boulevard

Miami, Florida 33137

Ludwig J. Gross, Executive Director Division of Student Services

Dade County Public Schools 5975 East Seventh Avenue Hialeah, Florida 33013

Phyllis O. Douglas Assistant Board Attorney Dade County Public Schools Administrative Office Lindsey Hopkins Building 1410 Northeast 2nd Avenue Miami, Florida 33132

Docket for Case No: 79-000150

Orders for Case No: 79-000150