STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

SCHOOL BOARD OF DADE COUNTY, ) FLORIDA, )

)

Petitioner, )

)

vs. ) CASE NO. 83-2501

)

NATHANIEL MORROW, )

)

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 November 17, 1983, in Miami, Florida. The following appearances were entered:

APPEARANCES

For Petitioner: Larry Handfield, Esquire

McCRARY VALENTINE & HANDFIELD

Executive Plaza, Suite 800 3050 Biscayne Boulevard

Miami, Florida 33137

For Respondent: No appearance was entered

The issue for determination at the final hearing was whether the Respondent Nathaniel Morrow should be transferred to an alternative school.

Sylvia Guilford, Jay Stevens and Donald Dorsheimer testified for the Petitioner School Board and Petitioner's Composite Exhibit No. 1 was introduced into evidence.

FINDINGS OF FACT

1. The Respondent Nathaniel Morrow has an extensive history of disruptive behavior committed within the school system beginning in September of 1981, when the Respondent was in the seventh grade at Palmetto Junior High School. His problems have included numerous fights, continuously disrupting classes, refusing to serve detentions, using inappropriate language, wrestling in the hall and inappropriately touching a female student. Following numerous parental conferences and further attempts at discipline, the Respondent was informed that his next offense would result in a recommendation of alternative school placement.

   
   

2. The Respondent's negative behavior reached a peak on June 9, 1983, when he attempted to extort fifty cents from another student during a physical education class. The student refused and his shirt was torn. When the

   Respondent objected to paying for the damage to the shirt, a fight ensued during which the student was beaten and thrown to the floor by the Respondent. A physical education teacher witnessed the fight and pulled the Respondent away from the student.

   
   

3. Following this incident, a recommendation wad made to transfer the Respondent to J.R.E. Lee, the Youth Opportunity School South, due to his disruption of the educational process in the regular school and his failure to adjust to the regular school program.

   
   

   CONCLUSIONS OF LAW

   
   

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

   
   

5. 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 . . .

      
      

6. 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 . . .

   
   

7. 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 Nathaniel Morrow to its opportunity school.

DONE and ENTERED this 30th day of November, 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 30th day of November, 1983.

COPIES FURNISHED:

Larry Handfield, Esquire McCRARY VALENTINE & HANDFIELD

Executive Plaza, Suite 800 3050 Biscayne Boulevard

Miami, Florida 33137

Mr. & Mrs. Morrow

17150 Southwest 105 Avenue

Miami, Florida 33157

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

Docket for Case No: 83-002501

Orders for Case No: 83-002501