STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

SCHOOL BOARD OF DADE COUNTY, )

)

Petitioner, )

)

vs. ) CASE NO. 83-206

)

ANTONIO ABREU, )

)

Respondent. )

)

RECOMMENDED ORDER

This matter came on for hearing on April 6, 1983, in Miami, Florida, before the Division of Administrative Hearings and its duly appointed Hearing Officer,

1. T. Carpenter. The parties were represented by:

   
   

   For Petitioner: Mark Valentine, Esquire

   3000 Executive Plaza

   3050 Biscayne Boulevard

   Miami, Florida 33137 For Respondent: No Appearance

   This matter arose on Petitioner's assignment of the child, Antonio Abreu, to its alternative education program and the objection of his mother, Mrs. Gail Shaw Abreu, to such placement. She did not, however, attend the duly noticed hearing.

   
   

   FINDINGS OF FACT

   
   

   1. Respondent entered the seventh grade at North Miami Junior High School at the beginning of the 1982-83 school year. Petitioner reassigned him to the Jan Mann Opportunity School-North in December, 1982.

      
      

   2. Petitioner presented Respondent's school records which reflected ten separate incidents requiring disciplinary action between September and December, 1983. His grades for achievement, effort and conduct were unsatisfactory in all courses during this period.

      
      

      CONCLUSIONS OF LAW

      
      

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

      
      

      1. ELIGIBILITY OF STUDENTS.- Pursuant to rules adopted by the State Board of Education, 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 cores, 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 placement of the student in an alternative program, pursuant to the provisions of chapter 120. . .

         
         

   4. 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, disinterested, 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.

      
      

      (a) Disruptive. A student 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. . .

      
      

   5. The above-quoted statute provides authority for this review. The quoted provisions also establish criteria for classification and placement of disruptive students. Since this student's persistent behavior has interfered with his own learning process, his placement in an alternative education program is warranted.

RECOMMENDATION

In consideration of the foregoing, it is RECOMMENDED:

That Petitioner enter a Final Order affirming its assignment of Respondent to an educational alternative program.

DONE and ENTERED this 26th day of April, 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 26th day of April, 1983.

COPIES FURNISHED:

Mark Valentine, Esquire 3000 Executive Plaza

3050 Biscayne Boulevard

Miami, Florida 33137

Mrs. Gail Shaw Abreu

1139 Northeast 127th Street North Miami, Florida 33161

Dr. Leonard Britton, Superintendent Dade County Public Schools

Lindsey Hopkins Building 1410 Northeast Second Avenue Miami, Florida 33132

Docket for Case No: 83-000206

Orders for Case No: 83-000206