STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

SCHOOL BOARD OF DADE COUNTY, ) FLORIDA, )

)

Petitioner, )

)

vs. ) CASE NO. 83-2124

)

LAZARO MIGUEL AQUIAR, )

)

Respondent. )

)

RECOMMENDED ORDER

This matter came on for hearing on September 14, 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: Larry Hanfield, Esquire

3000 Executive Plaza

3050 Biscayne Boulevard

Miami, Florida 33137

For Respondent: Mr. Julio Ferrer

3899 Northwest 7th Street Miami, Florida 33120

This matter arose on Petitioner's assignment of the child, Lazaro Miguel Aquiar, to its opportunity school and the objection of his parents to such placement.

FINDINGS OF FACT

1. During the 1982-83 school year, Respondent was enrolled in the seventh grade at Petitioner's Palm Springs Junior High School. This was his second year in seventh grade, and due to academic deficiencies, he would be required to attend the seventh grade for a third year in 1983-84.

   
   

2. Respondent was absent from school without excuse eight times during the past school year and was sent to the principal's office on three or four occasions by his teachers due to disruptive classroom behavior. Three conferences with Respondent's parents were held by school officials in an effort to resolve Respondent's truancy and behavior difficulties. He was also given a requested class change during the year and was seen by the school counselor. These actions produced no improvement in his conduct.

   
   

3. On January 24, 1983, Respondent was suspended for ten days following a fight during which he kicked another student. On May 25, 1983, he ripped a female student's blouse in an attempt to touch her breast. He was charged by

   juvenile authorities as a result of this incident and was assigned community work by the juvenile court. These incidents seriously interfered with the educational process as it applies to Respondent and other students at Palm Springs Junior High School. These incidents, along with Respondent's truancies, disruptive classroom behavior and academic failure, establish the need for the alternative placement proposed by Petitioner.

   
   

   CONCLUSIONS OF LAW

   
   

4. 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 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 placement of the student in an alternative program, pursuant to the provisions of chapter 120 . . .

      
      

5. 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 environment. The educational alternative school 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 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 . . .

   
   

6. The above-quoted statute provides authority for review of the proposed placement. The quoted provisions also establish the criteria for classification and placement of disruptive students. Since this student's persistent behavior has interfered with his own learning process and that of other students, and he

requires attention and assistance beyond that which a traditional program can provide, placement in an alternative education program is warranted.

RECOMMENDATION

From the foregoing, it is

RECOMMENDED that Petitioner enter a final order assigning Lazaro Miguel Aquiar to its opportunity school.

DONE AND ENTERED this 28th day of September, 1983, at 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 28th day of September, 1983.

COPIES FURNISHED:

Larry Hanfield, Esquire 3000 Executive Plaza

3050 Biscayne Boulevard

Miami, Florida 33137

Mr. Julio Ferrer

3899 Northwest 7th Street Miami, Florida 33120

Miguel Del Aquila, Esquire 3899 Northwest 7th Street Miami, Florida 33120

Phyllis O. Douglas, Esquire Lindsey Hopkins Building 1410 Northeast Second Avenue Miami, Florida 33137

Dr. Leonard Britton Superintendent of Schools Dade County Public Schools Lindsey Hopkins Building 1410 Northeast Second Avenue Miami, Florida 33132

Docket for Case No: 83-002124

Orders for Case No: 83-002124