STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

RICHARD CECCHI, on behalf of ) minor child VICTOR JOHN CECCHI, )

)

Petitioner, )

)

vs. ) CASE NO. 79-767

) SCHOOL BOARD OF DADE COUNTY, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice, the Division of Administrative Hearings, by its duly designated Hearing Officer, James E. Bradwell, hold a public hearing in this case on July 5, 1979, in Miami, Florida. The final transcript of the proceedings was received on July 25, 1979.

APPEARANCES

For Petitioner: Richard Cecchi

331 Swallow Drive Apartment 17

Miami Springs, Florida 33166

For Respondent: Michael J. Neimand, Esquire

Dade County School Board Lindsey Hopkins Building 1410 Northeast 2nd Avenue Miami, Florida 33013

ISSUE

At issue herein is whether or not the Respondent School Board of Dade County's reassignment of the Petitioner based on an alleged pattern of disruptive behavior in the educational program should be sustained.

FINDINGS OF FACT

1. Based upon my observation of the witnesses and their demeanor while testifying, the following relevant facts are found.

   
   

2. During September, 1978, Victor John Cecchi was transferred from Miami Springs Junior High School to the Jan Mann Opportunity School North. Charles W. Bales, the principal of Miami Springs Junior High School appeared at the hearing and testified that the Petitioner was transferred based on an extensive pattern of "disruptive behavior in the educational program which deprived other students in the program of the full benefits of the educational system." According to principal Bales, the transfer to the Jan Mann Opportunity School North is one where the Opportunity School provides a more controlled atmosphere, smaller

   classes, more direct supervision which enables a "problem child" to get the benefits of the Dade County educational program. It is eventually the goal of the Opportunity School to reintegrate the "problem child" back into the regular school system so that he is mainstreamed back into the full academic process.

   
   

3. During the period October 4, 1977 through the assignment in September of 1978, Petitioner had been referred to the principal's office 35 times for referrals due to disruptive behavior. Principal Bales testified in detail respecting the various incidences by the Petitioner wherein he had been involved in an extended pattern of disrupting classes, leaving the school campus without permission, engaging in altercations with other students and destroying the personal property of others. During these incidences, petitioner was at times returned to the school campus by truant officers and officers from the Miami Springs Police Department

   
   

4. While the Petitioner, through his father, does not dispute the fact that he was referred to the principal`s office based on a pattern of disruptive behavior, Petitioner requested that his son be reconsidered for reassignment back in the normal school program at Miami Springs Junior High School. In this regard, testimony reveals that the Petitioner has attended the Jan Mann Opportunity School for a total of only three days since his reassignment to the center. Testimony reveals further that the school system through its Opportunity School affords "problem or disruptive students" opportunity to reacclimate themselves through the process by attending the Opportunity School which provides a different setting. For example, the classroom setting is very individualistic and the number of students range from eight to twelve. Special vocational programs are offered and the pupil to counselor ratio is greater in the Opportunity School. For these reasons, and based on the fact that the Respondent has afforded Petitioner numerous occasions within which he was allowed to correct his disruptive pattern while attending the Miami Springs Junior High School, I shall recommend that the Respondent's reassignment of him to the Jan Mann Opportunity School be upheld.

   
   

   CONCLUSIONS OF LAW

   
   

5. The Division of Administrative Hearings has jurisdiction over the subject matter and the parties to this action. Chapter 120.57(1), Florida Statutes.

   
   

6. The parties were duly noticed pursuant to the notice provisions of Chapter 120, Florida Statutes.

   
   

7. Competent and substantial evidence was offered to establish that the Respondent's assignment by Petitioner to the Jan Mann Opportunity School North, be upheld.

RECOMMENDATION

Based on the foregoing Findings of Fact and Conclusions of Law, it is hereby recommended that the petition filed herein be dismissed.

DONE and ORDERED this 27th day of August, 1979, in Tallahassee, Florida.

COPIES FURNISHED:

Richard Cecchi

331 Swallow Drive Apartment 17

Miami Springs, Florida 33166

Michael J. Neimand, Esquire Dade County School Board Lindsey Hopkins Building 1410 NE 2nd Avenue

Miami, Florida 33013

JAMES E. BRADWELL

Hearing Officer

Division of Administrative Hearings

101 Collins Building Tallahassee, Florida 32301 (904) 488-9675

Filed with the Clerk of the Division of Administrative Hearings this 27th day of August, 1979.

Docket for Case No: 79-000767

Orders for Case No: 79-000767