STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

SCHOOL BOARD OF DADE COUNTY, )

)

Petitioner, )

)

vs. ) CASE NO. 83-421

)

ALDO GASTELBONDO, )

)

Respondent. )

)

RECOMMENDED ORDER

This matter came on for hearing on April 5, 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: Ms. Pura Gastelbondo

   This matter arose on Petitioner's assignment of Respondent to its alternative education program and the objection of his parents to such placement.

   
   

   FINDINGS OF FACT

   
   

   1. Respondent was reassigned from Homestead Senior High School to MacArthur Senior High School-South on January 7, 1983. This reassignment to the alternative school program was based on Respondent's frequent unexcused absences, repeated incidents of tardiness and recurring classroom disruptions during the current school year.

      
      

   2. Respondent seeks to have the record of one incident corrected where he was charged with trying to burn another student with a torch in shop class. He did not have this intention but was merely "horsing around."

      
      

      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 placement 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. However, his student record concerning the torch incident should be corrected to reflect that he was careless with the device, but did not try to injure another student.

RECOMMENDATION

Based on the foregoing, it is

RECOMMENDED that Petitioner enter its Final Order affirming Respondent's placement in the alternative education program.

DONE and ENTERED this 6th day of May, 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 6th day of May, 1983.

COPIES FURNISHED:

Mark Valentine, Esquire 3000 Executive Plaza

3050 Biscayne Boulevard

Miami, Florida 33137

Ms. Pura Gastelbondo

30350 Southwest 154 Avenue

Homestead, Florida 33030

Madeline P. Schere, Esquire Lindsey Hopkins Building 1410 Northeast Second Avenue Miami, Florida 33132

Dr. Leonard Britton Superintendent of Schools Dade County Public Schools 1410 Northeast Second Ave. Miami, Florida 33132

Docket for Case No: 83-000421

Orders for Case No: 83-000421