STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

SCHOOL BOARD OF DADE COUNTY, )

)

Petitioner, )

)

vs. ) CASE NO. 84-2671

)

CELIA LELA BENJAMIN, )

)

Respondent. )

)

RECOMMENDED ORDER

This matter came on for hearing on August 17, 1984, in Miami, Florida, before the Division of Administrative Hearings and its duly appointed Hearing Officer, R. T. Carpenter. The parties were represented by:

For Petitioner: Mark Valentine, Esquire

3000 Executive Plaza

3050 Biscayne Boulevard

Miami, Florida 33137

For Respondent: Mrs. Maebelle Bolden Abner

2396 North West 73rd Terrace Miami, Florida 33147

Daniella S. Levine, Esquire Education Advocacy Project Northside Shopping Center

149 West Plaza, Suite 210 7900 North West 27th Avenue Miami, Florida 33147-4796

This matter arose on Petitioner's assignment of Celia Lela Benjamin to its opportunity school and the objection of her mother to such placement.

Respondent submitted proposed findings of fact and conclusions of law. To the extent these proposed findings have not been adopted or otherwise incorporated herein, they are found to be subordinate, cumulative, immaterial, unnecessary or not supported by the evidence.

FINDINGS OF FACT

1. During the 1983-84 school year, Respondent was an eighth grade student at North Miami Junior High School. Due to academic deficiencies, she would be required to repeat the eighth grade if she remains in the regular program.

   
   

2. Petitioner related some 12 incidents of disruptive or rebellious behavior by Respondent over the past two academic years which resulted in disciplinary action. She was also disciplined on at least two occasions for repeated tardiness and unexcused absences.

3. Petitioner has made reasonable efforts to assist Respondent in adjusting to regular junior high school. She was transferred from one class due to disagreements with her teacher and she has received counseling on at least four occasions regarding her behavior problems.

   
   

4. Respondent's year-end grades are unsatisfactory in mathematics and language arts, which are both remedial courses. She is thus experiencing serious academic as well as behavior difficulties.

   
   

   CONCLUSIONS OF LAW

   
   

5. Section 230.2315, Florida Statutes (1983), provides in part:

   
   

   1. ELIGIBILITY OF STUDENTS.- Pursuant

      to rules adopted by the State Board of Educa- tion, a student may be eligible for an educa- tional 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. . .

      
      

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

   
   

   1. Definition. Educational - alternative programs are programs designed to meet the needs of students who are disruptive, disinterested, or unsuccessful in a normal school envi- ronment. The educational alternative may occur 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 stu- dent meets one (1) or more of the cri- teria prescribed below as determined by grades, achievement test scores, referrals for suspension or other disciplinary action, and rate of absences.

   1. Disruptive. A student who:

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

      2. Displays consistent behavior resulting in frequent conflicts of a disruptive nature while the student is under the jurisdiction of the school either in or out of the classroom; or

      3. Displays disruptive behavior which severely threatens the general welfare of the student or other members of the school population; or

      4. Has a juvenile justice record and is placed in any youth services residential or day program of the

      Department of Health and Rehabilitative Services.

   2. Unsuccessful or disinterested. A student who:

   1. Demonstrates a lack of sufficient involvement in the traditional school pro- gram 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 disruptive or unsuccessful students.

   
   

8. Respondent's arguments that Petitioner did not adequately address her attendance, behavior and learning problems are rejected. Petitioner made good faith efforts to assist Respondent in the regular school setting prior to initiating the alternative school placement.

   
   

9. Respondent is properly classified as a disruptive student in that her behavior problems have been persistent and recurring over a two year period, and have interfered with her learning. She is also an unsuccessful student within the meaning of the above provisions since efforts to assist her in remedial mathematics and language courses have been ineffective.

RECOMMENDATION

From the foregoing, it is

RECOMMENDED that Petitioner enter a final order assigning Celia Lela Benjamin to its opportunity school.

DONE and ENTERED this 5th day of September, 1983, 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 5th day of September, 1984.

COPIES FURNISHED:

Mark Valentine, Esquire 3000 Executive Plaza

3050 Biscayne Boulevard

Miami, Florida 33137

Mrs. Maebelle Bolden Abner 2396 North West 73rd Terrace Miami, Florida 33147

Daniella S. Levine, squire Legal Services of Greater

Miami, Inc.

149 West Plaza, Suite 210 7900 North West 27 Avenue Miami, Florida 33147

Dr. Leonard Britton Superintendent of Schools School Board of Dade County Lindsey Hopkins Building 1410 North East 2nd Avenue Miami, Florida 33132

Docket for Case No: 84-002671

Orders for Case No: 84-002671