STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

SCHOOL BOARD OF DADE COUNTY, ) FLORIDA, )

)

Petitioner, )

)

vs. ) CASE NO. 83-894

)

JOSEPH ROBINSON, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice, the Division of Administrative Hearings, by its duly designated hearing officer, James E. Bradwell, held a public hearing in this case on September 28, 1983, in Miami, Florida.

APPEARANCES

For Petitioner: Jesse J. McCrary, Jr., Esquire

and Mark A. Valentine, Esquire 3000 Executive Plaza

3050 Biscayne Boulevard, Suite 800

Miami, Florida 33137

For Respondent: Mrs. Alfreda Robinson, parent

934 Northwest Second Street Florida City, Florida 33034

ISSUE

The issue presented herein concerned the Respondent's appeal of the School Board's assignment of her son, Joseph Robinson, to an alternative school placement.

FINDINGS OF FACT

Based upon my observation of the witnesses and their demeanor while testifying, documentary evidence received, and the entire record compiled herein, I hereby make the following relevant findings of fact.

1. By letter dated March 4, 1983, Petitioner, the, School Board of Dade County, Florida, by its Director of Alternative Education Placement, William R. Perry, Jr., advised Mrs. Alfreda Robinson, parent of Joseph Robinson, date of birth July 8, 1971, that her son was being administratively assigned to Youth Opportunity School-South due to the child's, Joseph Robinson, disruption of the educational process in the regular school program.

   
   

2. During the 1982-3 school year, Joseph Robinson was a sixth grader at Campbell Drive Middle School in Dade County, Florida. He attended Campbell

   Drive Middle School up through March 4, 1983, the date that he was administratively assigned to Youth Opportunity School-South.

   
   

3. At the outset of the 1982 school year, Joseph Robinson was the subject of repeated incidents of disruptive behavior consisting of defiance, physical altercation with other students, physical threats to instructors, verbal outbursts in class, refusal to perform class assignments and repeatedly attending classes tardy. As example, on September 9, 1982, Joseph Robinson defied an order of his instructor. On October 11, 1982, he was engaged in a physical altercation with two other students which resulted in an indoor suspension. On October 18, 1982, he refused to allow two other students to complete their class assignments. Again, on that same date, October 18, 1982, he physically threatened his instructor which resulted in a three- day outdoor suspension. From the period November 3, 1982 through March 11, 1983, Joseph Robinson was the subject of approximately seven referrals and/or suspensions for disruptive behavior.

   
   

4. During early March, 1983, a screening committee of the Department of Alternative Education Placement recommended that Joseph Robinson be administratively assigned to Youth Opportunity School-South based on the repeated acts by him of the disruption of the educational process in the regular school program.

   
   

5. Mrs. Alfreda Robinson, the mother of Joseph Robinson, alleged that her son was the subject of disparate treatment by the school board. No evidence was offered by Mrs. Robinson in support of her claim in that regard. It is therefore rejected.

   
   

   CONCLUSIONS OF LAW

   
   

6. The Division of Administrative Hearings has jurisdiction over the subject matter and the parties to this action. Chapter 120.57(1), Florida Statutes.

   
   

7. The parties were duly noticed pursuant to the notice provisions of Chapter 120, Florida Statutes.

   
   

8. The authority of the Petitioner is derived from Section 230.2315(1), Florida Statutes.

   
   

9. Competent and substantial evidence was offered herein to establish that the student, Joseph Robinson, during his enrollment at Campbell Drive Middle School during the 1982-83 school year, displayed persistent behavior which interferes with his learning and the educational process of others and requires attention and assistance beyond that which the traditional educational program can provide. Rule 6A-1.994(1)(a)1, Florida Administrative Code.

RECOMMENDATION

Based on the foregoing findings of fact and conclusions of law, it is hereby RECOMMENDED that the Respondent's appeal of the school board's assignment of Joseph Robinson to an alternative school placement be DENIED.

RECOMMENDED this 9th day of December, 1983, in Tallahassee, Florida.

JAMES E. BRADWELL, 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 9th day of December, 1983.

COPIES FURNISHED:

Jesse J. McCrary, Jr., Esquire & Mark Valentine, Esquire

3050 Biscayne Blvd., Suite 800

Miami, Florida 33137

Mrs. Alfreda Robinson 934 NW 2nd Street

Florida City, Florida 33034

Leonard Britton, Superintendent Administrative Office

Lindsey Hopkins Building 1410 NW 2nd Avenue Miami, Florida 33132

Docket for Case No: 83-000894

Orders for Case No: 83-000894