Judges: J. LAWRENCE JOHNSTON
Agency: County School Boards
Latest Update: Apr. 27, 1984
Summary: Deny alternative placement for child. Petitioner failed to prove need for the placement.
84-0669STATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
SCHOOL BOARD OF DADE COUNTY, )
)
Petitioner, )
)
vs. ) CASE NO. 84-0669
)
DAISY E. PUIG, on behalf of ) DAISY BEATRIZ ALVAREZ, )
)
Respondent. )
)
RECOMMENDED ORDER
The final hearing in this case was convened at the duly noticed time and place in Miami on April 13, 1984. The issue to be determined at final hearing was whether respondent's child should be placed in an educational alternative program at the Jan Mann Opportunity School-North, Miami, under Section 230.2315, Florida Statutes (1983), over respondent's objection.
Petitioner appeared by counsel only; no witnesses appeared to testify on petitioner's behalf. Neither respondent, her child, nor anyone on their behalf appeared at the final hearing.
APPEARANCES
For Petitioner: Mark A. Valentine, Esquire, of Miami For Respondent: No appearance for Respondent.
FINDINGS OF FACT
No facts were proved by either party.
CONCLUSIONS OF LAW
Petitioner, as the party seeking the affirmative of the issue, has the burden of proof and the burden of ultimate persuasion. Department of Transportation v. J.W.C. Co., Inc., 396 So.2d 778 (Fla. 1st DCA 1981); Balino
v. Department of Health and Rehabilitative Services, 348 So.2d 349 (Fla. 1st DCA 1977). Specifically, under Section 230.2315 Florida Statutes (1983), petitioner has the burden to prove that respondent's child is "disruptive, unsuccessful, or disinterested in the regular school environment."
Respondent's nonappearance at the final hearing does not relieve petitioner of its burden of proof. The burden of proof was imposed when respondent demanded a 120.57(1) hearing and continues to be imposed until such time as the demand is withdrawn or, on proper grounds, dismissed (neither of which has taken place in this case).
Petitioner not having presented any evidence at final hearing, it must be concluded that petitioner should not place respondent's child in the educational alternative program at the Jan Mann Opportunity School-North, Miami.
RECOMMENDATION
Based on the foregoing findings of fact and conclusions of law, it is recommended that petitioner enter a final order that respondent's child, Daisy Beatriz Alvarez, not be placed in the educational alternative program at the Jan Mann Opportunity School-North, Miami.
RECOMMENDED this 27 day of April, 1984, in Tallahassee, Florida.
J. LAWRENCE JOHNSTON 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 27th day of April, 1984.
COPIES FURNISHED:
Mark A. Valentine, Esquire Suite 300, Executive Plaza 3050 Biscayne Boulevard
Miami, Florida 33137
Jesse J. McCrary, Jr., Esquire Suite 800, 3000 Executive Plaza
3050 Biscayne Boulevard
Miami, Florida 33137
Madelyn P. Schere, Esquire Dade County Public Schools 1410 Northeast Second Avenue Miami, Florida 33132
Ms. Daisy E. Puig
151 West 11th Street Apt. 4
Hialeah, Florida 33010
Dr. Leonard Britton Superintendent of Schools Dade County Public Schools 1410 Northeast Second Avenue Miami, Florida 33132
Docket for Case No: 84-000669
Orders for Case No: 84-000669
| Issue Date |
Document |
Summary |
|
Apr. 27, 1984 |
Recommended Order
|
Deny alternative placement for child. Petitioner failed to prove need for the placement.
|
