STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

DADE COUNTY SCHOOL BOARD, )

)

Petitioner, )

)

vs. ) CASE NO. 81-3129

)

ANTHONY GEORGE FIELDS, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice, the Division of Administrative Hearings, by its duly designated Hearing Officer, William E. Williams, held a public hearing in this cause on March 25, 1982, in Miami, Florida.

APPEARANCES

For Petitioner: Mark A. Valentine, Esquire

Suite 300, Executive Plaza 3050 Biscayne Boulevard

Miami, Florida 33137

For Respondent: Mrs. Willie J. Nichols

10875 Southwest 216th Street Apartment 435

Miami, Florida 33170

By request filed with the Petitioner, School Board of Dade County, Florida ("Petitioner"), on December 7, 1951, Respondent, Anthony George Fields ("Respondent"), through his parent, sought an administrative review of Petitioner's assignment of Respondent to Youth Opportunity School-South, an alternative school placement. By request filed with the Division of Administrative Hearings on December 14, 1981, Petitioner requested the assignment of a Hearing Officer to conduct the formal hearing in this cause.

Final hearing in this proceeding was scheduled for March 25, 1982, by Notice of Hearing dated February 25, 1982. At the final hearing, Petitioner called Bennett Fontaine and Fritz J. Henderson as its witnesses. Petitioner offered Petitioner's Exhibits 1 through 3, which were received into evidence. Mrs. Iellean Nickles testified on behalf of Respondent.

FINDINGS OF FACT

1. At all times material hereto, Respondent, Anthony George Fields, was a student enrolled in the public school system in Dade County, Florida. Since the 1979-1980 school year the Respondent has been enrolled at various times at either Centennial Junior High School or Cutler Ridge Junior High School in Dade County. During that period of time Respondent has been placed on either indoor, outdoor or bus suspension 14 times, totaling 57 days. The causes of

   Respondent's suspensions have been disruptive and defiant behavior, fighting in the classroom, possession of a knife, profanity, kicking another student, punching holes in the seat of a bus and theft of a purse. Respondent has been seen by his grade-level counselor a total of five times as a result of referrals during the 1981-1982 school year in an attempt to deal with his inappropriate behavior. In addition, the student's class schedule has been revised, and his counselor has had conferences on several occasions with Respondent's mother.

   
   

2. As a result of the student's disruptive behavior, as outlined above, he was administratively reassigned from Centennial Junior High School to the Youth Opportunity School- South, an alternative school placement, as of November 21, 1981. Through February 11, 1982, Respondent had been absent from class without an excuse for 45 days.

   
   

   CONCLUSIONS OF LAW

   
   

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

   
   

4. Section 230.2315, Florida Statutes, establishes educational alternative programs which are designed ". . . to meet the needs of students who are disruptive or unsuccessful in a normal school environment." Section 230.2315(4), Florida Statutes, provides that ". . . a student may be eligible for an educational alternative program if the student is 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."

   
   

5. Rule 6A-1.994 (2)(a) , Florida Administrative Code, defines a disruptive student as one who:

   
   

   1. Displays persistent behavior which interferes with the student's own learning or the educational process of others and requires attention and assistance beyond that which the traditional program can provide; or

   2. Displays consistent behavior resulting in frequent conflicts of a disruptive nature while the student is under the jurisdiction of the school either in or out of the classroom; or

   3. Displays disruptive behavior which severely threatens the general welfare of the

      student or other members of the school population.

      
      

6. Rule 6A-1.904(2)(b), Florida Administrative Code, defines an unsuccessful or disinterested student as one who: ". . . [d]emonstrates a lack of sufficient involvement in the traditional school program to achieve success because interests, needs or talents are not being addressed . . ."

   
   

7. It is specifically concluded, as a matter of law, based upon the foregoing findings of fact, that the student meets the criteria for assignment to an alternative education program and that he should, therefore, be assigned to attend Youth Opportunity School-South.

Accordingly, it is RECOMMENDED:

That a final order be entered by the School Board of Dade County, Florida, assigning Respondent to attend Youth Opportunity School-South.

DONE AND ENTERED this 29th day of June, 1982, at Tallahassee, Florida.

WILLIAM E. WILLIAMS

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 29th day of June, 1982.

COPIES FURNISHED:

Mark A. Valentine, Esquire Suite 300, Executive Plaza 3050 Biscayne Boulevard

Miami, Florida 33137

Mrs. Willie J. Nichols

10875 Southwest 216th Street Apartment #435

Miami, Florida 33170

Dr. Leonard Britton Superintendent of Schools Lindsey Hopkins Building 1410 Northeast Second Avenue Miami, Florida 33132

Docket for Case No: 81-003129

Orders for Case No: 81-003129