STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

SCHOOL BOARD OF DADE COUNTY, )

)

Petitioner, )

)

vs. ) CASE NO. 82-3320

)

ANTHONY TYRONE GRANGER, )

)

Respondent. )

)

RECOMMENDED ORDER

This matter came on for hearing on February 4, 1983, in Miami, Florida, before the Division of Administrative Hearings and its duly appointed Hearing Officer, R. T. Carpenter. The parties were represented by:

APPEARANCES

For Petitioner: Mark Valentine, Esquire

3000 Executive Plaza

3050 Biscayne Boulevard

Miami, Florida 33137

For Respondent: Mrs. Betty Granger

11361 Southwest 227th Street Miami, Florida 33170

This matter arose on Petitioner's assignment of the child, Anthony Granger, to its Youth Opportunity School and the objection of his mother, Mrs. Betty Granger, to such placement.

FINDINGS OF FACT

1. Anthony Granger is 14 years old and lives with his mother, Mrs. Betty Granger. Anthony began the 1982-83 school year at Mays Junior High School.

   
   

2. On September 8, 1982, Anthony was disciplined for shouting obscenities in class. On September 10, he struck another student and was suspended for five days. On September 24, he was involved in a fight and was suspended for ten days. Mays Junior High School administrators thereafter sought to transfer Anthony to the Douglas MacArthur School because of his disruptive behavior.

   
   

3. In the meantime, Mrs. Granger sought to have Anthony transferred to Cutler Ridge Junior High School, where she is a full-time employee. Mrs. Granger was aware of the ten day suspension, but did not know of the earlier incidents or the proposed assignment to the Douglas MacArthur School. Notices of these matters were apparently sent to Mr. Granger, who is separated from Mrs. Granger.

4. The transfer to Cutler Ridge was approved under the majority-minority transfer program. Anthony attended classes at Cutler Ridge for three days in October, after which the transfer was withdrawn. Following a period of confusion and communication breakdown among the three schools, the area school board office and Mrs. Granger, the latter withdrew Anthony from school and has arranged for private tutoring pending outcome of this review.

   
   

5. Mrs. Granger's testimony established her sincerity in seeking an appropriate placement for Anthony. Although his behavior was unacceptable at Mays Junior High School, Mrs. Granger's availability at the Cutler Ridge School should preclude further behavioral problems if this placement is reinstated by Petitioner.

   
   

   CONCLUSIONS OF LAW

   
   

6. Section 230.2315, Florida Statutes (1981), provides in part:

   
   

   1. ELIGIBILITY OF STUDENTS. - Pursuant to rules adopted by the State Board of Ed- ucation, a student may be eligible for an

      education 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.

      
      

   2. REVIEW OF PLACEMENT. - The parents

      or guardians of a student shall be entitled to an administrative review of any action by school district personnel relating to place- ment of the student in an alternative pro- gram, pursuant to the provisions of chapter

      120. . .

      
      

7. Rule 6A-1.994, Florida Administrative Code, provides in part:

   
   

   1. Definition. Educational alternative programs are programs designed to meet the needs of students who are disruptive, dis- interested, or unsuccessful in a normal school environment. The educational alternative

      may occur either within the school system

      or in another agency authorized by the school board.

      
      

   2. Criteria for eligibility. A student

      may be eligible for an educational alternative program if the student meets one (1) or more of the criteria prescribed below as determined by grades, achievement test scores, referrals for suspension or other disciplinary action, and rate of absences.

      1. Disruptive. A student who:

         1. Displays persistent behavior which inter- feres 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 popu- lation; or

         4. Has a juvenile justice record and is placed in any youth services residential or day program of the Department of Health and Rehabilitative Services.

   
   

8. The above statutory provisions establish the basis for this review. The quoted provisions also establish criteria for classification and placement of disruptive students. Anthony Granger meets the criteria set forth in Rule Subsections 1, 2 and 3 quoted above. His behavior has disrupted the learning process on a recurring basis and constitutes a threat to the safety of other students, as well as the education process. Therefore, Petitioner has appropriate grounds to assign Anthony to its Youth Opportunity School.

   
   

9. However, the wishes of the student's mother and her ability to influence his behavior at the Cutler Ridge Junior High School must be considered. In view of her strong views in this regard and Petitioner's failure to communicate with her in a timely fashion indicates that such placement should be permitted.

RECOMMENDATION

From the foregoing, it is RECOMMENDED:

That Petitioner authorize the student, Anthony Granger, to enroll in its Cutler Ridge Junior High School effective immediately.

DONE and ENTERED this 14th day of February, 1983, in Tallahassee, Florida.

R. T. CARPENTER, 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 14th day of February, 1983.

COPIES FURNISHED:

Mark Valentine, Esquire 3000 Executive Plaza

3050 Biscayne Boulevard

Miami, Florida 33137

Mrs. Betty Granger

11361 Southwest 227th Street Miami, Florida 33170

Mr. Walter Granger

11361 Southwest 227th Street Miami, Florida 33170

Dr. Leonard M. Britton, Superintendent Dade County Public Schools Administrative Office

Lindsey Hopkins Building 1410 Northeast Second Avenue Miami, Florida 33132

Docket for Case No: 82-003320

Orders for Case No: 82-003320