STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

SCHOOL BOARD OF DADE COUNTY,)

)

Petitioner, )

)

v. ) CASE NO. 85-1006

)

HOLLY JEAN VOLLICK, )

)

Respondent. )

)

RECOMMENDED ORDER

Upon due notice this cause came on for formal hearing before the duly assigned hearing officer of the Division of Administrative Hearings, Ella Jane P. Davis, on October 28, 1985 in Miami, Florida.

APPEARANCES

For Petitioner: Frank R. Harder, Esquire

2780 Galloway Road

Suite 100, Twin Oaks Building Miami, Florida 33165

For Respondent: Mrs. Claudia Moss, mother

1522 Northeast 111 Street, No. 4 North Miami, Florida 33161

ISSUE

Whether or not the student, Holly Jean Vollick, should be assigned to Jan Mann Opportunity School North, an alternative educational program.

Petitioner presented the oral testimony of Mr. Murray, and had introduced in evidence Petitioner's documentary exhibits P1-

4 and P6. P-5, marked for identification, was not admitted. Respondent's mother testified on her behalf and not exhibits were offered by Respondent.

No transcript was provided and no proposed findings of fact or conclusions of law were timely filed by any party.

FINDINGS OF FACT

1. Mr. Murray is the Assistant Principal of North Miami Junior High School and has been for eight years. He has been employed by the Dade County School Board for 24 years. He knew and observed Respondent Holly Jean Vollick curing her attendance there for the full school year of 1983-1984 and for approximately one third of the 1984-1985 school year that she attended at North Miami Junior prior to his request that she be administratively assigned to an alternative school program for "defiance of school rules."

   
   

2. In 1983-1984 Respondent successfully passed 5 out of 6 subjects but her attendance was not satisfactory and a complaint of truancy was filed with the Department of Health and Rehabilitative Services in April, 1984. At that time, she had

   16 days absent: of these, 11 were confirmed truancies.

   
   

3. On May 9, 1984 Respondent was assigned to clean up the cafeteria due to disruptive, argumentative responses to Mr. Murray. Although there were 5 other referrals of Respondent to Mr. Murray during this period none were for behavior problems, all were for truancies.

   
   

4. Respondent's mother came to school whenever requested and cooperated with Mr. Murray. There was, apparently due to the mother's intervention, a short term improvement in attendance toward the end of the 1983-1984 regular school term.

   
   

5. During the 1983-1984 summer school term, Respondent voluntarily registered for summer school and "took" three courses. Because she had passed all but one of her regular courses during the regular term she only needed one course but she still registered for three. She failed all three because she failed to attend more than half of the required days.

   
   

6. During the 1984-1985 regular term Respondent began to exhibit behavioral problems. On September 6, 1984, after school hours, a companion of Respondent's stole another student's purse, emptied it, and gave the empty purse to Respondent who left the school grounds with it. Several students were assigned detention for this incident, Respondent among them. The testimony is devoid of information concerning what knowledge

   Respondent had of the source of the purse or upon what basis she was ordered to detention.

   
   

7. On September 13, 1984 Respondent was verbally abusive to a teacher, Mr. Rentz, and to Mr. Murray and was assigned detention. She did not report for detention, in defiance of the assignment.

   
   

8. On September 19, 1984, she was again verbally "disrespectful" according to Mr. Murray's analysis, but no further details concerning the incident were provided by his testimony.

   
   

9. On September 19, 1984, Sandra White, sewing teacher, referred Respondent to Mr. Murray for "disrespectful behavior" and Respondent was assigned a 3-day suspension. Again, no details concerning cause and effect of this incident were provided by the testimony or documentary records.

   
   

10. On November 15, 1984, Respondent was twice referred to Mr. Murray for excessive unexcused absences and cutting class. Each time he sent her to class she did not report, in defiance of his assignment.

    
    

11. During the first grading period of the 1984-1985 term, Respondent received failing grades in all six of her subjects and was absent 13 times in one class and 27 times in another.

    
    

12. Respondent's mother, Claudia Moss, disputes none of the above facts but maintains that during this period Respondent was living with a guardian and the relationship was not satisfactory. Respondent is now living with her mother who represents she is better able to discipline her daughter and ensure regular class attendance.

    
    

    CONCLUSIONS OF LAW

    
    

13. Section 230.2315, Florida Statutes (1981), 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 . . . .

       
       

14. Assignment by a School Board to an alternative education program is dependent upon the student meeting one or more of the following eligibility criteria set out by Rule 6A- 1.994 Florida Administrative Code:

    
    

    6A-1.994 Educational Alternative Programs.

    
    

    * * *

    
    

    (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 described 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 education 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 our 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 program to achieve success because interests, needs or talents are not being addressed; or

       
       

    2. Shows unsatisfactory academic pro- tress and the effort to provide assistance is either rejected or is ineffective. (Emphasis supplied)

    
    

15. Although there is little or nothing provided in the evidence by which the undersigned can weigh or measure what incidents constitute "defiance of school rules" or "disrespectful behavior" beyond Respondent's persistent confrontations with teachers and administrators arising out of unexcused absences, upon that basis alone, Petitioner has established that Respondent meets the criteria to qualify as both a disruptive and an unsuccessful or disinterested student. See emphasized portions of rule, supra.

    
    

16. While it appears that Respondent's chronic "class cutting" is disrupting only her own educational process, it is abundantly clear that it has resulted in a student who is capable of doing the academic work receiving across-the-board academic failures in both voluntary summer school and in a portion of the mandatory 1984-1985 regular term. Alternative placement has proved an effective method of resolving chronic unexcused absences.

    
    

17. It is very tempting to hope, based on the mother's partial success in reducing her daughter's chronic absenteeism toward the end of the 1983-1984 regular term, that she will be able to further modify Holly Jean's attendance for the good now that some family relationships appear to be resolved. This hope does not alter Respondent's current eligibility for alternative

placement, but if improvement is subsequently demonstrated, that improvement would be appropriate for consideration by the School Board upon its annual or other review of Respondent's progress in the alternative program.

RECOMMENDATION

Upon consideration of the foregoing, it is RECOMMENDED:

That Petitioner enter its Final Order affirming the assignment of Respondent to Jan Mann Opportunity School North, an alternative school placement.

DONE and ORDERED this 16th day of December, 1985, in Tallahassee, Florida.

ELLA JANE P. DAVIS

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 16th day of December, 1985.

COPIES FURNISHED:

Honorable Ralph D. Turlington Commissioner of Education

The Capitol

Tallahassee, Florida 32301

Dr. Leonard Britton Superintendent of Schools Dade County Public Schools Board Administration Building 1450 NE 2nd Avenue

Miami, Florida 33132

Phyllis O. Douglas, Esquire Dade County Public Schools Board Administration Building 1450 NE 2nd Avenue

Miami, Florida 33132

Frank R. Harder, Esquire Twin Oaks Building

Suite 100

2780 Galloway Road

Miami, Florida 33165

Mrs. Claudia Moss

1522 NE 111 Street, No. 4 North Miami, Florida 33161

Ms. Maeva Hipps School Board Clerk

1450 N. E. Second Avenue Suite 301

Miami, Florida 33132

Docket for Case No: 85-001006

Orders for Case No: 85-001006