STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

SCHOOL BOARD OF DADE COUNTY, )

)

Petitioner, )

)

vs. ) CASE NO. 84-2672

)

GARRETT BERNARD WALKER, )

)

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: No Appearance

This matter arose on Petitioner's assignment of Garrett Bernard Walker to its opportunity school and the objection of his parents to such placement.

FINDINGS OF FACT

1. During the 1983-84 school year, Respondent was a seventh grade student in Petitioner's Hialeah Junior High School. The proposed opportunity school placement is based on a single incident in May, 1984, involving a loaded handgun brought into the school by another student. Respondent received the weapon, had possession of it, and subsequently gave it to another student within Hialeah Junior High School. All students had previously been informed that possession of weapons within the school was strictly forbidden and was considered a serious offense.

   
   

   CONCLUSIONS OF LAW

   
   

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

   
   

   1. ELIGIBILITY OF STUDENTS. - Pursuant 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 enti- tled to an administrative review of any action by school district personnel re- lating to placement of the student in an alternative program, pursuant to the provisions of chapter 120. .

      
      

3. Rule 6A-1.994, Florida Administrative Code (F.A.C.), 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 nor- mal 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 alter- native 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.

   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 traditional 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. The above-quoted statute provides authority for review of the proposed placement. Rule 6A-1.994(2)(a)3, F.A.C., quoted above, provides for classification of a student as disruptive where, as here, his behavior severely threatens members of the school population. Respondent's placement in an alternative education program is therefore warranted.

RECOMMENDATION

From the foregoing, it is

RECOMMENDED that Petitioner enter a Final Order assigning Garrett Bernard Walker to its opportunity school.

DONE and ENTERED this 27th day of August, 1984, in 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 27th day of August, 1984.

COPIES FURNISHED:

Mark Valentine, Esquire 3000 Executive Plaza

3050 Biscayne Boulevard

Miami, Florida 33137

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

Mr. and Mrs. Willie Warren 2370 Northwest 66th Street Miami, Florida 33147

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

Docket for Case No: 84-002672

Orders for Case No: 84-002672