STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

SCHOOL BOARD OF DADE COUNTY, )

)

Petitioner, )

)

vs. ) CASE NO. 84-1182

)

JESUS VALLADARES, )

)

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 May 31, 1984, in Miami, Florida.

APPEARANCES

For Petitioner: Mark A. Valentine, Esquire

3050 Biscayne Blvd., Suite 800

Miami, Fl. 33137-4198

For Respondent: No appearance 1/

ISSUE

The issue presented for decision herein concerns the appeal of the Board's assignment of Jesus Valladares to Youth Opportunity School South, an alternative school placement.

FINDINGS OF FACT

1. Jesus Valladares, date of birth April 11, 1970, is an eighth grader who was enrolled at Rockway Junior High School during the 1983-84 school year in the Dade County School System. By letter dated March 14, 1983, Respondent was advised by the Director, Alternative Education Placement, William Perry, Jr., that in lieu of expulsion, Jesus was being administratively assigned to the opportunity school program.

   
   

2. The basis of that administrative assignment stems from an incident on February 16, 1984 wherein Respondent carried a knife on his person while attending school at Rockway Junior High School. On February 14, 1984, Respondent displayed the knife to several students and threatened one student with the knife. On February 16, 1984, Lewis Plate, Principal of Rockway Junior High, took the knife from Respondent's person.

   
   

3. As noted herein above, Respondent, or a representative on his behalf, did not appear to contest or otherwise refute the basis upon which the Petitioner administratively assigned him to Youth Opportunity School South.

   CONCLUSIONS OF LAW

   
   

4. The Division of Administrative Hearings has jurisdiction over the subject matter and the parties to this action. Chapter 120, Florida Statutes.

   
   

5. The authority of the Petitioner, School Board of Dade County, Florida is derived from Chapter 230, Florida Statutes.

   
   

6. Section 230.2315(1) , Florida Statutes, authorizes the Petitioner to establish educational alternative programs for those students wherein the traditional school programs do not meet certain student's individual needs and interests and to more orderly educate disruptive or disinterested student.

   
   

7. Respondent, by displaying a knife to students while in attendance at Rockway Junior High on February 14, 1984, and by continuing to have on his person a knife on February 16, 1984, provides ample basis for the Petitioner to take disciplinary action to prevent a recurrence of such behavior by Respondent on school grounds. Rule 6A-1.994(2) 3, Florida Administrative Code.

RECOMMENDATION

Based on the foregoing findings of fact and conclusions of of law, it is hereby recommended:

1. That the Petitioner, School Board of Dade County, Florida, enter a Final Order of assignment of Respondent, Jesus Valladares, to Youth Opportunity School South, an alternative school placement.

RECOMMENDED this 13th day of July, 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 13th day of July, 1984.

ENDNOTE

1/ Although properly served with a copy of the Notice of Hearing scheduling this matter for hearing on May 31, 1984, Respondent, or a representative on his behalf, failed to appear at the hearing. The hearing proceeded as scheduled.

COPIES FURNISHED:

Mark A. Valentine, Esquire 3050 Biscayne Blvd., Suite 800

Miami, Fl. 33137-4198

Mrs. Nancy Valladares 3713 South West 92 Avenue

Miami, Fl. 33175

Leonard Britton Superintendent

Dade County School Board 1410 NE Second Avenue Miami, Fl.

Docket for Case No: 84-001182

Orders for Case No: 84-001182