STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

DADE COUNTY PUBLIC SCHOOLS, )

)

Petitioner, )

)

vs. ) CASE NO. 84-0392

)

CARLOS ALBERTO GIRALT, )

)

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 March 20, 1984, in Miami, Florida.

APPEARANCES

For Petitioner: Mark A. Valentine, Jr. and

Jesse J. McCrary, Jr., Esquires 3050 Biscayne Boulevard, Suite 800

Miami, Florida 33137

For Respondent: Mr. & Mrs. Salvador Giralt, Parents

7600 Southwest 99 Avenue

Miami, Florida 33173

ISSUE

The issue presented herein concerns the Respondent's through the person of his parents appeal of the School Board's assignment (of Respondent) to Youth Opportunity School South - an alternative school placement.

FINDINGS OF FACT

Based upon my observation of the witnesses and their demeanor while testifying, documentary evidence received and the entire record compiled herein, I hereby make the following relevant findings of fact.

1. By letter dated November 8, 1983, Petitioner, the School Board of Dade County, Florida, advised the Respondent, Carlos Alberto Giralt, an eighth grade student attending Glades Junior High School, that he was being administratively assigned to the opportunity school program based on his "disruption of the educational process in the regular school program and failure to adjust to the regular school program."

   
   

2. Carlos Alberto Giralt, date of birth December 6, 1969, was assigned to Glades Junior High School as an eighth grader during the 1983-84 school year.

3. During October of 1983, Carlos' brother was involved in a physical altercation with another student and Carlos came to his brother's aid by using a stick to physically strike the other student involved in the altercation.

   
   

4. Initially, Carlos was given a ten-day suspension and thereafter the suspension was changed to the administrative assignment to the alternative school placement which is the subject of this appeal. 1/

   
   

5. Carlos' father, Salvador Giralt, was summoned to Glades Junior High School and advised of the incident involving Carlos and the other student in the physical altercation. Mr. Giralt was advised of the policy procedures in effect at Glades and was assured that Respondent would be given the least severe penalty, which was the ten-day suspension originally referred to herein.

   
   

6. The Giralts are very concerned parents and have voiced the concern by complaining of Respondent's assignment to the Petitioner's area office. In keeping with this concern, the Giralts have requested that their son, Carlos, be reassigned to his original community school, Glades Junior High School.

   
   

7. Respondent does not have a history of repeated defiant conduct as relates to School Board authority. According to Petitioner's Assistant Principal at Glades Junior High, Gerald R. Skinner, Respondent was last disciplined approximately two years ago. No showing was made herein that Carlos was either disruptive of the educational process or has failed to adjust to the regular school program.

   
   

   CONCLUSIONS OF LAW

   
   

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

   
   

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

   
   

10. The authority of the Petitioner is derived from Chapters 120 and 230, Florida Statutes, and Rule Chapter 6A, Florida Administrative Code.

    
    

11. Section 6A-1.994(1) provides in pertinent part that educational alternative programs are designed to meet the needs of students who are disruptive, disinterested or unsuccessful in a normal school environment.

    
    

12. A student may be eligible for an educational alternative program if the students meet one (1) or more of the criteria . . . as determined by grades,

    . . . referrals or suspension or other disciplinary action . .

    
    

13. Subsection 2 of the above-referred proviso states that a student is disruptive who displays consistent behavior resulting in frequent conflicts of a disruptive nature while under the jurisdiction of the school either in or out of the classroom; or displays disruptive behavior which severely threatens the general welfare of the students or other members of the school population . . .

    . Section 6A-1.994(2)(a)1, 2 and 3, Florida Administrative Code.

14. Insufficient evidence was offered herein to establish that the Respondent, Carlos Alberto Giralt, is a disruptive student within the meaning of Section 6A-1.994, Florida Administrative Code. This conclusion is more compelling in view of the Petitioner's stated policy of imposing the least severe penalty for conduct which is violative of the Petitioner's rules and regulations as relates to student conduct.

RECOMMENDATION

Based on the foregoing findings of fact and conclusions of law, it is hereby recommended that the School Board of Dade County enter a Final Order transferring the Respondent to Glades Junior High School or other appropriate regular school program.

RECOMMENDED this 24th day of May, 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 24th day of May, 1984.

ENDNOTE

1/ At the outset of the hearing, Petitioner's counsel represented that the School Board of Dade County has a policy of imposing the lesser of the allowable penalties for violations of the School Board's rules and regulations.

COPIES FURNISHED:

Mark A. Valentine, Jr.

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

Miami, Florida 33137

Mr. & Mrs. Salvador Giralt 7600 Southwest 99 Avenue

Miami, Florida 33173

Dr. Leonard Britton Superintendent

Dade County School Board 1410 Northeast Second Avenue Miami, Florida 33132

Docket for Case No: 84-000392

Orders for Case No: 84-000392