STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

SCHOOL BOARD OF DADE COUNTY, )

)

Petitioner, )

)

vs. ) CASE NO. 84-1544

)

ROSE MARIE FARRELL, )

)

Respondent. )

)

RECOMMENDED ORDER

This matter came on for hearing on June 1, 1984, in Miami, Florida, before the Division of Administrative Hearings and its duly appointed Hearing Officer,

1. T. Carpenter. The parties were represented by:.

   
   

   For Petitioner: Mark Valentine, Esquire

   3000 Executive Plaza

   3050 Biscayne Boulevard

   Miami, Florida 33137 For Respondent: No appearance

   This matter arose on Petitioner's assignment of Rose Marie Farrell to its opportunity school and the objection of her mother to such placement.

   
   

   FINDINGS OF FACT

   
   

   1. Respondent is a ninth grade student at North Dade Junior High School. She was born August 22, 1968.

      
      

   2. Respondent's behavior during the 1983-84 school year has been unsatisfactory and she is no longer responsive to the supervision of school officials. She was counseled or suspended on three occasions for excessive talking in class. She rejected an assignment to a special assistance classroom (C.S.I.) and refused to serve one suspension. She has cut classes and left school without permission on several occasions. A school-parent conference held December 7, 1983, produced no improvement in Respondent's disruptive behavior.

      
      

      CONCLUSIONS OF LAW

      
      

   3. Section 230.2315, Florida Statutes (1981), provides in part:

      
      

      1. ELIGIBILITY OF STUDENTS. - Pur- suant to rules adopted by the State Board of Education, a student may be eligible for an educational alternative program

         if the student is disruptive, unsuccessful, or disinterested in the regular school environment as determined by grades,

         achievement test scores, referrals for suspension or other disciplinary action, and rate of absences.

      2. REVIEW OF PLACEMENT. - The parents or guardians of a student shall be entitled to an administrative review of any action by school district personnel relating to placement of the student in an alternative program, pursuant to the provisions of chapter 120. .

         
         

   4. Rule 6A-1.994, Florida Administrative Code, provides in part:

      
      

      1. Definition. Educational alternative programs are programs designed to meet the needs of students who are disruptive, dis- interested, or unsuccessful in a normal school environment. The educational alternative may occur either within the school system or in another agency auth- orized by the school board.

      2. Criteria for eligibility. A student may be eligible for an educational alterna- tive program if the student meets one (1) or more of the criteria prescribed below

      as determined by grades, achievement test scores, referrals for suspension or other disciplinary action, and rate of absences.

      (a) Disruptive. A student who:

      1. Displays persistent behavior which interferes with the student's own learn- ing or the educational process of others and requires attention and assistance beyond that which the traditional program can provide. .

      
      

   5. The above-quoted statute provides authority for review of the proposed placement. The quoted provisions also establish the criteria for classification and placement of disruptive students. Since this student's persistent behavior has interfered with her own learning process and that of other students, placement in an alternative education program is warranted.

RECOMMENDATION

From the foregoing, it is

RECOMMENDED that Petitioner enter a final order assigning Rose Marie Farrell to its opportunity school.

DONE AND ENTERED this 19th day of June, 1984, at Tallahassee, Florida.

R. T. CARPENTER 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 19th day of June, 1984.

COPIES FURNISHED:

Mark Valentine, Esquire 3000 Executive Plaza

3050 Biscayne Boulevard

Miami, Florida 33137

Mrs. Mary Farrell

2970 Northwest 153 Terrace Opa Locka, Florida 33054

Dr. Leonard Britton Superintendent of Schools Dade County Public Schools 1410 Northeast Second Avenue Miami, Florida 33132

Madelyn P. Schere, Esquire Assistant Board Attorney Dade County Public Schools 1410 Northeast Second Avenue Miami, Florida 33132

Docket for Case No: 84-001544

Orders for Case No: 84-001544