STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

SCHOOL BOARD OF DADE COUNTY, )

)

Petitioner, )

)

vs. ) CASE NO. 83-3076

)

TRACY JEAN HIDALGO, )

)

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 November 28, 1983, in Miami, Florida

APPEARANCES

For Petitioner: Mark Valentine, Esquire

Jesse J. McCrary, Jr., Esquire 3050 Biscayne Blvd., Suite 800

Miami, Florida 33137 For Respondent: No appearance 1/

ISSUE

The issue presented herein concerns the appeal filed by Respondent of the school board's assignment of Respondent to J.R.E. Lee Junior High School, an alternative school placement.

FINDINGS OF FACT

Based on the entire record compiled herein, including the testimony of Peter Hoffman, Assistant Principal at Centennial Junior High School, I hereby make the following relevant findings of fact.

1. On approximately August 26, 1983, Respondent, Tracy Jean Hidalgo, was assigned to attend Centennial Junior High School. Upon arriving for enrollment at Centennial, within six days of her enrollment, four fires were set in the bathrooms at Centennial Junior High School.

   
   

2. Respondent admitted setting the fires when questioned by Assistant Principal Hoffman. Once the fires were set at Centennial Junior High, the regular school program was suspended and the students evacuated the building until the fires were brought under control.

   
   

3. As stated hereinabove, Respondent or a representative on her behalf did not appear at the hearing to offer any testimony respecting the charges which prompted Respondent's administrative assignment.

   CONCLUSIONS OF LAW

   
   

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

   
   

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

   
   

6. The authority of the Petitioner is derived from Section 230, Florida Statutes.

   
   

7. Competent and substantial evidence was offered to establish that the Respondent, Tracy Jean Hidalgo, engaged in acts and conduct disruptive of the educational process in the regular school program and failed to adjust to that program while enrolled at Centennial Junior High School. See Rule 6A- 1.994(a)(3), Florida Administrative Code.

   
   

8. Arson is a Group V violation of the Code of Student Conduct. As such, the Petitioner is authorized to sanction a student who has engaged in a violation of the Code of Student Conduct which falls within the category of Group V. The recommended penalty and/or sanction for such a violation is expulsion. Based thereon, it is hereby concluded that the Petitioner is authorized to impose a lesser penalty, i.e. assignment to an alternative school placement as was here recommended by Petitioner.

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 her to the school system's opportunity school program at J. R. E. Lee Junior High School be DENIED.

RECOMMENDED this 10th day of February, 1984, 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 10th day of February, 1984.

ENDNOTE

1/ Respondent, through her parents, was noticed of the hearing scheduled herein by copy of a Notice of Hearing mailed to her residence on November 8, 1983.

Respondent, or a representative on her behalf, did not appear at the hearing as scheduled and the undersigned Hearing Officer did not receive any requests for a continuance of the proceeding. Accordingly, the hearing proceeded as scheduled.

COPIES FURNISHED:

Jesse J. McCrary, Jr., Esquire Mark A. Valentine, Esquire 3050 Biscayne Blvd., Suite 800

Miami, Florida 33137

Mr. & Mrs. Arquimede Hidalgo

28201 South West 152 Avenue, Lot 323 Leisure City, Florida 33033

Dr. Leonard Britton Superintendent of Schools Lindsey Hopkins Building 1410 North East 2nd Avenue Miami, Florida 33132

Docket for Case No: 83-003076

Orders for Case No: 83-003076