STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

SCHOOL BOARD OF DADE COUNTY, )

)

Petitioner, )

)

vs. ) CASE NO. 83-607

)

YVETTE RODRIGUEZ, )

)

Respondent. )

)

RECOMMENDED ORDER

This matter came on for hearing on April 7, 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, Yvette Rodriguez, to its alternative education program and the objection of her mother, Mrs. Maria Gotz, to such placement. She did not, however, attend the duly noticed hearing.

   
   

   FINDINGS OF FACT

   
   

   1. Petitioner attended Richmond Heights Junior High School during the 1981-82 school year. Her conduct was unsatisfactory at that time, and Petitioner considered an alternative education placement. However, she was withdrawn from the Dade County School System prior to such action.

      
      

   2. Respondent re-enrolled at Richmond Heights Junior High School for the 1982-83 school year. Between October and January, she was involved in eight separate incidents which required discipline. The incidents included throwing food in the cafeteria, truancy and defiance of school officials. Several conferences were held with Respondent's mother but without apparent result.

      
      

      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 her own learning process, her 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. Maria Gotz

16401 Southwest 142 Ave., Lot 596

Miami, Florida 33177

Dr. Leonard Britton, Superintendent Dade County Public Schools

Lindsey Hopkins Building 1410 Northeast Second Avenue Miami, Florida 33132

Docket for Case No: 83-000607

Orders for Case No: 83-000607