STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

SCHOOL BOARD OF DADE COUNTY, )

)

Petitioner, )

)

vs. ) CASE NO. 85-0286

)

TRAYVIS TAYLOR, )

)

Respondent. )

)

RECOMMENDED ORDER

This matter came on for hearing on May 20 and June 5, 1985, in Miami, Florida, before the Division of Administrative Hearings and its duly appointed Hearing officer, R. T. Carpenter.

APPEARANCES

For Petitioner: Madelyn P. Schere, Esq.

1450 Northeast Second Avenue Suite 301

Miami, Florida 33132

For Respondent: Mitchell Horwich, Esq.

Education Advocacy Project

Legal Services of Greater Miami, Inc.

149 West Plaza, Suite 310 7900 Northwest 27th Avenue Miami, Florida 33147-4796

This matter arose on Petitioner's assignment of the child, Trayvis Taylor, to its alternative school, Jan Mann Opportunity School and the objection of his parents to such placement.

The parties submitted proposed findings of fact pursuant to Subsection 120.57(1)(b)4, Florida Statutes. A ruling on each proposed finding of fact has been made either directly or indirectly herein, except where such proposed findings have been rejected as subordinate, cumulative, immaterial, or unnecessary.

FINDINGS OF FACT

1. Trayvis Taylor entered Miami Lakes Junior High School for the summer school session 1983. On August 17, 1983, he was seen throwing rocks at another student. When the counselor intervened, his glasses were broken in the scuffle.

   
   

2. For the remainder of the 1983-84 school year and for that portion of the 1984-85 school year that Trayvis attended Miami Lakes, he was involved in numerous incidents of insubordination, lack of self-control, disrespect, disruptive behavior, fights, skipping class, tardiness, failure to follow class and school rules, lying, feeling girls' buttocks (twice), using socially unacceptable language, rudeness, and defiance. He did not make friends and appeared to lack the social skills to do so. He received unsatisfactory (D-F) grades in most classes.

   
   

3. School administrators and teachers met with Trayvis' parents and counseled Trayvis in an effort to assist him. School officials have used progress reports in an attempt to communicate Trayvis' progress to his parents and to foster a cooperative effort. They have also made teacher changes and schedule changes in an attempt to help Trayvis' school adjustment. School officials have assigned detentions, indoor suspensions, and outdoor suspensions. They also recommended psychological testing, but Trayvis' mother rejected this.

   Trayvis has been placed in smaller remedial classes for reading, language arts and social studies. These efforts have been unsuccessful.

   
   

4. On December 19, 1984, Trayvis was administratively assigned to Jan Mann Opportunity School, an educational alternative program. Mrs. Taylor objected to this placement and in January 1985, unilaterally enrolled Trayvis at the Academy for Community Education ("Academy"), an experimental, semi- private, educational alternative program administered by the Dade County Public School System.

   
   

5. Trayvis has shown improvement since his enrollment at the Academy. He is in a self-contained room with the same teacher for all of his academic subjects. He is taught totally on a remedial level in this highly structured, closely supervised classroom. He participates in a behavior modification program and is demonstrating progress. His attitude has improved, and he is now doing predominantly C work and has begun to make friends.

   
   

   CONCLUSIONS OF LAW

   
   

6. 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 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. . . .

      
      

7. 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, 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 educational 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 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

      
      

      * * *

   2. Unsuccessful or disinterested. A student who:

   
   

   1. Demonstrates a lack of sufficient 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.

   
   

8. 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 and unsuccessful students. Respondent's lack of success in the regular school program is evident in his numerous behavior problems and academic difficulties. He therefore meets the criteria for placement in an alternative educational program. The need for such placement is apparent in the success he has begun to find in the alternative educational setting provided at the Academy.

   
   

9. Counsel for Respondent attempted to demonstrate that his client was the victim of circumstances or that his behavior was unfairly characterized by school personnel in the many incidents reported. Although there may have been a few reports which were unfair to Respondent or failed to correctly identify the instigator, there is no doubt that the numerous problems Trayvis encountered are indicative of a student who requires something different than the regular school program to succeed.

   
   

10. Respondent submitted attachments to his proposed findings of fact which purportedly demonstrate procedural and other errors by Petitioner in its efforts to assign Respondent to an alternative program. Petitioner, in response, has moved to strike portions of this filing.

    
    

11. The motion to strike is denied. However, there is little contained in Respondent's filing that would support any conclusion other than that Trayvis Taylor is a disruptive student. It should be noted for the benefit of Trayvis' mother, who is vehemently opposed to such classification that he is not being identified as a "bad" youngster. Rather, his behavior has persistently interfered with his own learning and that of other

students. He is, therefore, properly identified and assigned as a disruptive student.

RECOMMENDATION

Based on the foregoing, it is

RECOMMENDED that Petitioner enter a Final Order identifying Respondent as a disruptive student and assigning him to an educational alternative program; provided, however, that he be permitted to remain enrolled at the Academy for Community Education so long as he meets the requirements of that institution.

DONE and ENTERED this 31st day of July, 1985 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 31st day of July, 1985.

COPIES FURNISHED:

Madelyn P. Schere, Esq. 1450 N.E. Second Avenue Suite 301

Miami, Florida 33132

Mitchell Horwich, Esq. Education Advocacy Project

Legal Services of Greater Miami, Inc.

149 West Plaza, Suite 210 7900 N.W. 27 Avenue

Miami, Florida 33147-4796

Dr. Leonard Britton Superintendent of Schools Dade County Public Schools Board Administration Building

1410 Northeast Second Avenue Miami, Florida 33132

Docket for Case No: 85-000286

Orders for Case No: 85-000286