STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

SCHOOL BOARD 0F DADE COUNTY )

)

Petitioner, )

)

vs. ) CASE NO. 85-0628

)

EDWIN JOSEPH CASTRO, )

)

Respondent. )

)

RECOMMENDED ORDER

This cause came on for hearing on April 24, 1985, in Miami, Dade County, Florida, before Diane A. Grubbs, a hearing officer with the Division of Administrative Hearings.

APPEARANCES

For Petitioner: Mark A. Valentine, Jr., Esq.

Assistant School Board Attorney McCrary & Valentine, P.A.

3050 Biscayne Boulevard Miami, Florida

For Respondent: No appearance

STATEMENT OF THE ISSUE

Whether the Respondent should be reassigned to the Opportunity School.

PRELIMINARY STATEMENT

By letter dated February 5, 1985, the Respondent's parents were notified that the Respondent had been assigned to Douglas MacArthur Senior High School-South. The basis for the action was the Respondent's disruption of the educational process in the regular school program and his failure to adjust to the regular school program. By letter dated February 12, 1985, Respondent's father objected to the reassignment of Respondent,

and on February 20, 1985, the matter was forwarded to the Division of Administrative Hearings for further proceedings.

At the hearing, the Petitioner presented the testimony of one witness, Mr. Donald Helip, Vice-Principal at W. R. Thomas Junior High. The Respondent presented no witnesses, and no exhibits were entered into evidence. Neither Petitioner nor Respondent have filed proposed findings of fact and conclusions of law.

FINDINGS OF FACT

1. The Respondent has been a student at W. R. Thomas Junior High since he entered 7th grade in 1982. In the 1984-85 school year, the Respondent was in 9th grade.

   
   

2. Edwin had behavior problems in the 7th and 8th grade, and had been suspended from school in the 8th grade. In the 9th grade, Edwin continued to exhibit improper behavior. On September 25, 1984, Edwin was disruptive in the hall. On October 25, 1984, Edwin was rude and discourteous in class. On October 26th, he was disruptive in class. As a result of the October incidents, Edwin was placed on probationary status and a parent conference was held. On January 16, 1985, Edwin walked out of a class and refused to return when the teacher requested that he do so. Instead, Edwin threatened the teacher. As a result of this incident, Edwin was suspended from school for no more than five days. On January 28, 1985, Edwin set off a firecracker in the stairwell. On January 29, 1985, Edwin was reprimanded for repeated tardies to class and for his disruptive behavior in class.

   
   

3. Edwin's academic and conduct grades were poor. When he left W. R. Thomas Junior High he was failing history, math, and physical education, and had Ds in remedial reading and science. He had Fs in conduct in three of his classes. At the beginning of the school year, Edwin had been placed in the work experience program, at his request, because he was not interested in the regular school program. However, he was ultimately removed from the work program because he never made an effort to get a job. Edwin had two job possibilities, but he never showed up for either job.

   
   

4. The school personnel at W. R. Thomas made every effort to help Edwin adjust to the regular school program. He was placed in a group of disruptive students that met with the principal. Only Edwin and one other student showed no

   improvement in behavior after attending these meetings. Attempts were made to meet with Edwin's parents, but neither parent appeared at three of the scheduled conferences. The effort to interest Edwin in school through the work experience program was a failure.

   
   

   CONCLUSIONS OF LAW

   
   

5. The Division of Administrative Hearings has jurisdiction over the subject matter of and the parties to this proceeding. Section 120.57(1), Florida Statutes.

   
   

6. Section 230.2315, Florida Statutes, provides for the establishment of educational alternative programs for a student who 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. Pursuant thereto, the Department of Education has promulgated rules for the determination of eligibility for such a program. Rule 6A-1.994(2), Florida Administrative Code, sets forth the criteria for eligibility for an educational alternative program and defines the disruptive and unsuccessful or disinterested student. A student is eligible for an educational alternative program if he meets one or more of the following criteria:

   
   

   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; ....

      
      

      * * *

      
      

   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.

      
      

      The Petitioner has the burden to prove that the child is disruptive, unsuccessful, or disinterested as those terms are defined above.

      
      

7. The evidence presented at the hearing establishes that Edwin meets the criteria for placement in an educational alternative program. Edwin displayed persistent disruptive behavior while attending W. R. Thomas Junior High. The efforts made by the school personnel to correct Edwin's behavior, by reprimands, probation, suspension, and special counseling sessions, were all ineffective. Therefore, Edwin meets the criteria set forth in Rule 6A-1 994(2)(a)1. and 2. Further, by threatening a teacher and by setting off a firecracker in the stairwell, Edwin displayed behavior which severely threatened the general to welfare of the student and other members of the school population, thus meeting the criteria of Rule 6A- 1.994(2)(a)3.

   
   

8. Edwin not only meets the definition of a disruptive student, he fits the definition of an unsuccessful or disinterested student as set forth in Rule 6A-1994(2)(b). He did not show satisfactory academic progress while at W. R. Thomas, and the efforts to provide assistance were ineffective. School personnel attempted to address Edwin's interests, needs, and talents by placing him in the work experience program after Edwin stated that he was not interested in the regular school program. However, Edwin refused to comply with the requirements of the program.

   
   

9. Petitioner has meet its burden of proving that Edwin was a student who was "disruptive, disinterested, or unsuccessful in a normal school environment." Accordingly, the assignment of the Respondent to an alternative school was

appropriate and in fulfillment of Petitioner's duty to offer an educational alternative program to the Respondent.

RECOMMENDATION

Based on the foregoing findings of fact and conclusions of law, it is

RECOMMENDED that a final order be entered approving the assignment of the Respondent to the alternative school program at Douglas MacArthur Senior High School - South.

DONE and ENTERED this 16th day of August, 1985, in Tallahassee, Leon County, Florida.

DIANE A. GRUBBS, Hearing Officer Division of Administrative Hearings 2009 Apalachee Parkway

Tallahassee, Florida 32301

(904) 488-9675-

Filed with the Clerk of the Division of Administrative Hearings this 16th day of August, 1985.

COPIES FURNISHED:

Mark A. Valentine, Jr., Esq. 3050 Biscayne Boulevard

Suite 800

Miami, Florida 33137

Mr. and Mrs. Luciano Castro 12031 S.W. 29th Street Miami, Florida 33055

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

Honorable Ralph D. Turlington Commissioner of Education

The Capitol

Tallahassee, Florida 32301

Phyllis 0. Douglas, Esq. Assistant Board Attorney Dade County Public Schools 1450 Northeast Second Avenue Miami, Florida 33132

Docket for Case No: 85-000628

Orders for Case No: 85-000628