STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

SUPERINTENDENT, DADE COUNTY ) PUBLIC SCHOOLS, )

)

Petitioner, )

)

vs. ) CASE NO. 81-1084

)

JOYCE E. ROBINSON on behalf of ) CURTIS STEPHEN POPE, a minor )

child, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice, the Division of Administrative Hearings, by its duly designated Hearing Officer, R. L. Caleen, Jr., held a formal hearing in this case on April 22 and 23, 1981, in Miami, Florida.

APPEARANCES

For Petitioner: Michael Neimand, Esquire

3050 Biscayne Boulevard, Suite 300

Miami, Florida 33137

For Respondent: Joyce E. Robinson, pro se

11352 Southwest 214 Street

Goulds, Florida 33170 ISSUE PRESENTED

Whether Respondent, Curtis Pope, should be assigned from mays Junior High School to an educational alternative program located at Youth Opportunity School South.

BACKGROUND

On January 26, 1981, Petitioner, Superintendent of Dade County Public Schools ("Superintendent"), administratively reassigned Respondent Curtis Stephen Pope from Mays Junior High to an educational alternative program at Youth Opportunity School South.

On April 2, 1981, Respondent Joyce Robinson ("Mrs. Robinson"), grandmother of Curtis Pope, objected to the reassignment and asked that Curtis be allowed to remain at Mays Junior High.

On April 3, 1981, the Superintendent referred this matter to the Division of Administrative Hearings and requested that a hearing be conducted. Hearing was thereafter set for April 22, 1981. During mid-proceeding, counsel for the Superintendent moved to continue the hearing in order to allow presentation of

testimony by the teachers of Curtis Pope; Mrs. Robinson agreed to the continuance, and the motion was granted. The hearing was subsequently reconvened on April 30, 1981.

Petitioner called as his witnesses Daniel McPhaul, Jr., Nathaniel P. Smith, William E. Fields, Judy Herrman, Ursula Delvalle, Vernett Nicholson, Rosalind Rochfort, and offered Petitioner's Exhibit 1/ nos. 1 through 4 into evidence. Mrs. Robinson testified on her own behalf and called Curtis Pope as her witness.

FINDINGS OF FACT

Based upon the evidence presented at hearing, the following facts are determined:

1. Curtis Stephen Pope, a 12-year-old student, attends seventh grade in the public schools of Dade County. He lives with his grandmother, Mrs. Joyce Robinson, at 11352 Southwest 214 Street, Goulds, Florida. Until January, 1981, he attended seventh grade at nearby Mays Junior High School. (Testimony of J. Robinson, McPhaul.)

   
   

2. In December, 1980, the vice principal of Mays Junior High recommended that Curtis be administratively reassigned to the Opportunity School South because of repeated disruptive behavior affecting the learning opportunity of others creating an unsafe learning environment. The school principal subsequently joined in that recommendation and on January 26, 1981, Curtis was reassigned to an educational alternative program at Youth Opportunity School South, 6135 Southwest 66th Street, Miami, Florida--a school located approximately 15 miles from Curtis' residence. It is that reassignment which is the subject of this proceeding. (Testimony of McPhaul; P-3).

   
   

3. From September, 1980, through January 1981, Curtis repeatedly disrupted classes at Mays Junior High. His behavior adversely affected the learning environment and interfered with the educational process of other students, as well as his own. He was frequently referred to the assistant principal for disciplinary action. Twice he was suspended from school for ten-day periods:

   on October 20, 1980, for disrespect and defiance to the assistant principal and principal, and on November 12, 1980, for fighting with another student. Mrs.

   Robinson was contacted by Curtis' teachers as well as the school's administrators in an attempt to define the nature of Curtis' problem and take remedial action. However, despite these good-faith efforts, his classroom behavioral difficulties continued. (Testimony of McPhaul, J. Robinson; P-2).

   
   

4. Specifically, Curtis' disruptive classroom behavior is described below:

   2/

   
   

   CLASS CURTIS' BEHAVIOR

   
   

   1. Reading Highly disruptive; fails to bring classroom materials or pay attention; easily distracted; plays during class and frequently tardy or absent.

   2. Math Disturbs class by talking, walking, and bothering other students; beats on desk, makes loud noises, and runs in and out of classroom; frequently tardy or absent.

      
      

   3. Intuitive Math Plays and walks about class;

      fails to follow directions; disturbs class and leaves without permission.

      
      

   4. Physical Education Disinterested n class; fails

      to participate in activities with other children.

      
      

   5. Science Rarely cooperates; fails to remain in seat, and leaves room without permission; unprepared for class; excessive tardiness.

      
      

   6. Civics Engages in fights and horse- play with other students; makes loud noises and refuses to stop; leaves room

      without permission; excessive absences.

      
      

      (Testimony of Herrman, Smith, Delvalle, Nicholson, Rochfort, Fields; P-2).

      
      

5. At this time, Curtis requires individualized and special educational instruction which is unavailable at Mays Junior High--where classroom enrollment ranges from 25 to 30 students. On the few occasions when Curtis has received individualized instruction at Mays, his interest increased and his academic performance improved. Such individualized attention is available, on a routine basis, at the Youth Opportunity School South's educational alternative program-- where there is one teacher for every ten students. If Curtis makes the progress which can reasonably be expected of him in such a learning environment, he should eventually be able to return to regular school programs. Whether Curtis profits from and takes advantage of the greater instructional opportunities at Youth Opportunity School--and eventually returns to regular school programs--is wholly dependent on his own attitude and choice. (Testimony of J. Robinson, C. Robinson, Smith, Herrman, Delvalle, Nicholson, Rochfort, Fields; P-4).

   
   

6. Mrs. Robinson opposes Curtis' reassignment primarily because of her belief that several neighborhood boys who attended the school later became involved in crime. But the fact that some students' behavioral problems persisted despite the educational opportunities offered at the Youth Opportunity School do not negate those opportunities or make them less real. Given positive support and encouragement at home--coupled with the educational environment available at the Youth Opportunity School South--Curtis will be given the opportunity to learn and achieve his potential; whether he--in--fact--does so will depend on him. (Testimony of J. Robinson, C. Robinson, McPhaul).

   CONCLUSIONS OF LAW

   
   

7. The Division of Administrative Hearings has jurisdiction over the parties and subject matter of this proceeding. Section 120.57(1), Florida Statutes (1979).

   
   

8. Section 230.2315, Florida Statutes (1979), authorizes district school boards to establish educational alternative programs to

   
   

   "assist students in preparing for their roles in the community; reduce the incidence of disruptive behavior and truancy in

   the public schools; reduce the number

   of students referred to special services or agencies; and, generally, offer alternatives to conventional education which will meet the needs and interests of those students now poorly served by the public school system." Section 230.2315(1), Florida Statutes (1979).

   
   

   The Legislature also declared that such alternatives must be "positive rather than punitive and emphasize each student's abilities in order to ensure the full realization of the potential of such student." Id.

   
   

9. Pursuant to rules adopted by the State Board of Education, students are eligible for an educational alternative program if they are "disruptive, unsuccessful, or disinterested in the regular school environment as determined by grades, achievement test scores, referrals for suspension or other disciplinary action, and rate of absences." Section 230.2315(4), Florida Statutes (1979). The rules of the Board of Education define a disruptive student as one who, inter alia:

   
   

   "1. Displays persistent behavior which interferes with the student's own learning or the educational process of others and re- quires attention and assistance beyond that

   which the traditional program can provide; or"

   
   

   "2. Displays consistent behavior result- ing in frequent conflicts of a disruptive nature while the student is under the juris-

   diction of the school either in or out of the classroom." Section 6A-1.994(2)(a), Florida Administrative Code.

   
   

10. The evidence adduced at hearing established that Curtis Pope has been a disruptive student at Mays Junior High School within the meaning of Section 230.2315(4), Florida Statutes, and 6A-1.994(2)(a), Florida Administrative Code. It is concluded, therefore, that he meets the criteria for placement in the educational alternative program located at Youth Opportunity School South. The Superintendent's placement of him in such program is supported by the facts, consistent with law, and should be upheld.

RECOMMENDATION

Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED:

That the Superintendent's action in placing Curtis Stephen Pope in the educational alternative program offered at Youth Opportunity School South be upheld and confirmed.

DONE and RECOMMENDED this 20th day of May, 1981, in Tallahassee, Florida.

R. L. CALEEN, JR. Hearing Officer

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 20th day of May, 1981.

ENDNOTES

1/ Petitioner's Exhibits will be referred to as "P- ."

2/ At hearing, Curtis admitted to the behavior described by his teachers and set out in Paragraph 4, above.

COPIES FURNISHED:

Michael Neimand, Esquire Suite 300

3050 Biscayne Boulevard

Miami, Florida 33137

Joyce E. Robinson

11352 Southwest 214 Street

Goulds, Florida 33170

Phyllis O. Douglas, Esquire 1410 Northeast Second Avenue Miami, Florida 33132

Docket for Case No: 81-001084

Orders for Case No: 81-001084