STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

SCHOOL BOARD OF DADE COUNTY, ) FLORIDA, )

)

Petitioner, )

)

vs. ) CASE NO. 83-2221

)

MARY ANN PHILLIPS, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice, the Division of Administrative Hearings, by its duly designated Hearing Officer, Sharyn L. Smith, held a formal hearing in this case on September 22, 1983, in Miami, Florida. The following appearances were entered:

APPEARANCES

For Petitioner: Larry Handfield, Esquire

McCRARY AND VALENTINE, P.A.

Executive Plaza

3050 Biscayne Boulevard, Suite 800

Miami, Florida 33137

For Respondent: Mitchell A. Horwich, Esquire

Legal Services of Greater Miami, Inc. Northside Shopping Center

149 West Plaza, Suite 210 7900 Northwest 27th Avenue Miami, Florida 33147

ISSUE

The issue for determination at the final hearing was whether the Respondent Mary Ann Phillips should be assigned to an alternative school placement.

At the final hearing Kenneth Rogers, Assistant Principal, Homestead Junior High School, and Angela McCrenna, Assistant Principal at Campbell Drive Middle School, testified for the Petitioner. Petitioner's Exhibits 1-2 and Respondent's Exhibit 1 were offered and admitted into evidence.

FINDINGS OF FACT

1. During the 1982-83 school year, the Respondent Mary Ann Phillips was enrolled as a seventh grade student at Homestead Junior High School.

   
   

2. On or about October 7, 1982, the Respondent Phillips was referred to Kenneth Rogers, Assistant Principal, by a Home Economics teacher as part of an

   investigation into the theft of another student's sewing supplies. The Respondent was found to be in possession of the stolen articles which included patterns, scissors and fabrics. A letter was sent to the Respondent's mother which requested a conference concerning this incident; however, no response was received from Mrs. Phillips.

   
   

3. On November 30, 1982, six dollars was stolen from a purse during a class when the purse was placed unattended on a table. The students who had access to the purse were questioned by Rogers, who was told that the Respondent Phillips went into the purse while it was on the table. Rogers searched the Respondent and found six dollars in one of her books. As a result of this incident the Respondent was suspended from school for ten days.

   
   

4. On February 7, 1983, the Respondent Phillips was again suspended for ten days for the theft of $27 from the purse of a substitute teacher. As a result of this incident, Rogers recommended an alternative placement for the Respondent Phillips.

   
   

5. Following her difficulties at Homestead Junior High School, the Respondent Phillips received permission from the Petitioner to transfer schools and enroll as a regular student at Campbell Drive Middle School, but on a probationary status. The Respondent's mother was informed that the Respondent's continued placement at Campbell Drive was contingent on no further discipline problems arising.

   
   

6. In May of 1983, Joanna Linardi, a teacher at Campbell Drive, discovered that her wallet was stolen during one of her classes. Linardi was missing cash and a large sum of money in the form of travelers checks. The next day a purse was found which was inadvertently left in a Home Economics class. The purse belonged to the Respondent, and among its contents were Linardi's wallet and travelers checks. Based on the Respondent's possession of the checks, an alternative placement was again recommended.

   
   

   CONCLUSIONS OF LAW

   
   

7. The Division of Administrative Hearings has jurisdiction over the parties and subject matter of this proceeding. Section 120.57(1), Florida Statutes.

   
   

8. 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 . . .

      
      

9. 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 . . .

   
   

10. 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

Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED:

That Petitioner enter a Final Order assigning Mary Ann Phillips to its opportunity school.

DONE and ENTERED this 17th day of October, 1983, in Tallahassee, Florida.

SHARYN L. SMITH, 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 17th day of October, 1983.

COPIES FURNISHED:

Larry Handfield, Esquire McCRARY AND VALENTINE, P.A.

Suite 800 - Executive Plaza 3050 Biscayne Boulevard

Miami, Florida 33137

Mitchell A. Horwich, Esquire Legal Services of Greater Miami, Inc.

Northside Shopping Center

149 West Plaza, Suite 210 7900 N.W. 27th Avenue Miami, Florida 33147

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

Docket for Case No: 83-002221

Orders for Case No: 83-002221