STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

SCHOOL BOARD OF PALM BEACH COUNTY, )

)

Petitioner, )

)

) CASE NO. 84-0391

)

ALFRED HUNT, a minor, and )

MARY HAYES, his mother, )

)

Respondents. )

)

RECOMMENDED ORDER

This case was heard by R. L. Caleen, Jr., Hearing Officer with the Division of Administrative Hearings, on March 22, 1984, in West Palm Beach, Florida.

APPEARANCES

For Petitioner: JulieAnn Rico, Esquire

3323 Belvedere Road

Building 503-Room 232

West Palm Beach, Florida 33402

For Respondents: Mary Frances Hayes, pro se and mother

of respondent

905 South-West 11th Terrace Delray Beach, Florida 33444

ISSUE

Whether respondent Alfred Hunt, a minor child, should be expelled from the Palm Beach County School System for misconduct and disruptive behavior as a student, including numerous physical assaults on other students.

Background

On February 2, 1984, Thomas J. Mills, Superintendent of Schools for Palm Beach County, Florida ("petitioner"), filed an administrative Petition for Expulsion seeking the expulsion of respondent Alfred Hunt from the Palm Beach County School System. The petition alleged that the respondent was guilty of violating the Student Conduct Code of the Palm Beach County School System, Section 5.18, arising out of his participation in an unprovoked gang assault upon another student, while on the campus of Carver Middle School. As a result of this incident, the respondent was suspended for a total of 40 days, and was recommended for expulsion by the Principal of Carver Middle School. The

Superintendent concurred with the Principal's recommendation and notified Mary Hayes, respondent's mother, that a recommendation for expulsion would be submitted to the School Board of Palm Beach County at its February 1, 1984, public meeting. On January 29, 1984, respondent, Alfred Hunt, requested a hearing on his proposed expulsion. Subsequently, Mary Hayes joined in, and confirmed, her son's request for a hearing.

The petitioner called four witnesses and offered ten exhibits, all of which were received in evidence. Respondent Mary Hayes testified on her son's behalf, and offered-no other witnesses or exhibits. Respondent, Alfred Bunt, did not attend the hearing.

The transcript of the hearing and proposed findings of fact were filed on May 17, 1984.

Based on the evidence presented at hearing, the following facts are determined:

FINDINGS OF FACT

1. Petitioner, Thomas J. Mills, as the Superintendent of Schools of Palm Beach County, Florida, has the authority to recommend to the School Board of Palm Beach County that respondent, Alfred Hunt, be expelled from the school system.

   
   

2. Respondent, Alfred Bunt, is an eighth grade student in the Palm Beach County School System and is presently enrolled at Carver Middle School, Delray Beach, Florida.

   
   

3. Respondent, Mary Hayes, is the mother of Alfred Hunt.

   
   

4. Respondent, Alfred Hunt, has a past history of misconduct and disruptive behavior within the Palm Beach County School System. Specifically, while in attendance at Carver Middle School during the past year, he was disciplined for various offenses, including attacks on other students:

   
   

   DATE OFFENSE DISPOSITION

   
   

   5/17/83 Using obscene and vulgar suspended 3 days language

   5/24/83	Fighting		suspended	5 days
   8/17/83	Hitting, pushing,	and	suspended	10 days
   9/13/83	chasing another student with an iron pole Constantly humming in		paddled
   9/16/83	class Constantly picking on		paddled
   9/19/83	another student Hitting another student		suspended	3 days
   9/27/83 9/27/83	Continual disruption of class Disrupting class		suspended unknown	3 days
   9/27/83	Disruption of class		suspended	3 days
   10/5/83	Punching another student		suspended	5 days
   10/13/83 10/17/83	Continual disruption of class Continual disruption of		conference with student suspended 10 days

   class

   11/3/83 Fighting suspended 3 days

   11/17/83 Disrupting class paddled 11/18/83 Pushing another student paddled

   12/1/83 Unprovoked attack upon suspended 10 days another student

   
   

5. Kelly Brown, the Principal of Carver Middle School, and school counselors, tried to bring about changes in his behavior. He received special student counseling, in addition to disciplinary measures such as in-school suspensions, suspensions, and corporal punishment. For the past two years, he has been placed in Carver Middle School's Alternative Learning Lab, which provides special counseling and smaller classes for disruptive students.

   
   

6. Despite these remedial actions, he continues to exhibit disruptive and violent behavior. All reasonable alternative measures to control or correct his behavior have been explored and exhausted by school officials.

   
   

7. On December 2, 1983, he committed three separate acts of violence upon students at Carver Middle School.

   
   

8. The first incident occurred at approximately 10:45 A.M. during change of classes when he, along with other students, participated in a gang-type assault upon Robert Fortner, another student. As a result of that incident, Alfred was notified that he was suspended from attending class A for 10 days.

   
   

9. Later that day, Alfred assaulted Jay Winkler, another student, by striking him in the mouth--causing bleeding. While Principal Brown was investigating the Winkler incident, Alfred, together with several other students, assaulted Robert Fortner, another student, on the school gym field.

   
   

10. As a result of this last assault, Principal Brown recommended that Alfred receive an additional 30-day suspension; Alfred waived his right to a hearing to contest the suspension. Because of Alfred's history of disciplinary infractions culminating in the three assaults which occurred on December 2, 1983, Mr. Brown recommended that he be permanently expelled from the Palm Beach County School System. The Superintendent of Schools subsequently concurred.

    
    

11. Alfred's continued presence within the school system presents a threat to the safety of his fellow students and interferes with the educational process.

    
    

    CONCLUSIONS OF LAW

    
    

12. The Division of Administrative Hearings has jurisdiction over the parties and subject matter of this proceeding. Section 120.57(1), Fla.Stat. (1983).

    
    

13. Section 232.33(8)(c) , Florida Statutes (1983), authorizes the superintendent of schools to submit recommendations for expulsion to the school board.

    
    

14. It is undisputed that Alfred Hunt violated School Board Policy 5.18, which prescribes standards for student conduct and authorizes expulsion of a student for fighting.

15. The evidence convincingly demonstrates that Alfred has repeatedly violated School Board Policy 5.18, and that his expulsion from the Palm Beach County school system is justified. Expulsion removes his right and obligation to attend public school for a period not to exceed the remainder of the term or school year and one additional year of attendance. Section 228.041(26). Fla.Stat. (1983).

RECOMMENDATION

Based upon the foregoing, it is RECOMMENDED:

That Alfred Hunt be expelled from the Palm Beach County School System for a period not to exceed the 1984-85 school year.

DONE and ENTERED this 18th day of May, 1984, in Tallahassee, Florida.

R. L. CALEEN, JR. The Oakland Building

2009 Apalachee Parkway

Tallahassee, Florida 32301

(904)488-9675

Filed with the Clerk of the Division of Administrative Hearings this 18th day of May, 1984.

COPIES FURNISHED:

JulieAnn Rico, Esquire 3323 Belvedere Road

Building 503-Room 232

West Palm Beach, Florida 33402

Mary Frances Hayes

905 S.W. 11th Terrace Delray Beach, Florida 33444

Ralph D. Turlington Commissioner of Education Department of Education The Capitol

Tallahassee, Florida 32301

Thomas J. Mills, Superintendent of Schools for Palm Beach County

3323 Belvedere Road

West Palm Beach, Florida 33402

Docket for Case No: 84-000391

Orders for Case No: 84-000391