STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

SCHOOL BOARD OF DADE COUNTY, )

)

Petitioner, )

)

vs. ) CASE NO. 84-1772

)

RINA AURORA SANCHEZ, )

)

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: Mr. Reinaldo Sanchez

   6797 South West 21st Street Miami, Florida 33155

   
   

   This matter arose on Petitioner's assignment of the child, Rina Aurora Sanchez, to its opportunity school and the objection of her parents to such placement.

   
   

   FINDINGS OF FACT

   
   

   1. Respondent left Cuba with her parents in 1981. She resumed school in Spain and thereafter immigrated to the United States. She has had difficulty in adjusting here, especially to the language change.

      
      

   2. She is currently a 7th grade student at West Miami Junior High School. She is failing most of her subjects and has an absentee rate (unexcused) of nearly 50 percent. She has been involved in fights at school on two occasions during the current academic year.

      
      

   3. School officials have met with her parents, and have counseled Respondent in an effort to assist her. These efforts have been unsuccessful. Recently, her parents have taken her to the "Family and Adolescent Development Center" where she is apparently receiving therapeutic services.

      
      

   4. A late-filed exhibit on her current, diagnosis (Respondent's Exhibit 1) was to be furnished by Respondent's therapist. However, this document was not filed. Therefore, the results of the therapeutic referral were not established.

      CONCLUSIONS OF LAW

      
      

   5. 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, unsuccess- ful, 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. . .

         
         

   6. Rule 6A-1.994, Florida Administrative Code (F.A.C.), provides in part:

      
      

      1. Definition. Educational alterna- tive programs are programs designed to meet the needs of students who are dis- ruptive, disinterested, or unsuccessful in a normal school environment. The educational alternative may occur either within the school system or

         in another agency authorized by the school board.

      2. Criteria for eligibility. A student may be eligible for an educa- tional alternative 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 dis- ciplinary action, and rate of absences.

      (b) Unsuccessful or disinterested. A student who:

      1. Demonstrates a lack of suf- ficient involvement in the traditional school program to achieve success because interests, needs or talents are not, being addressed; or

      2. Shows unsatisfactory academic progress and the effort to provide assistance is either rejected or is ineffective.

      
      

   7. The above-quoted statute provides authority for review of the proposed placement. The quoted provisions also establish the criteria for classification and placement of disinterested students. Respondent's lack of interest in the

      regular school program is evident in her high rate of absences and her academic failures. She therefore meets the criteria for placement in an alternative educational program.

      
      

   8. There was no evidence that Respondent is an exceptional student within the meaning of Rules 6A-6.301 or 6A-6.3016, F.A.C. However, should Respondent's parents continue in their belief that Respondent is suffering from an emotional disorder, they should seek evaluation pursuant to Rule 6A-6.331, F.A.C.

RECOMMENDATION

Based on the foregoing, it is

RECOMMENDED that Petitioner enter a Final Order assigning Respondent to its Educational Alternative Program.

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

Mr. Reinaldo Sanchez

6797 South West 21st Street Miami, Florida 33155

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: 84-001772

Orders for Case No: 84-001772