STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

SCHOOL BOARD OF DADE COUNTY, )

)

Petitioner, )

)

vs. ) CASE NO. 85-1016

)

JULIE ANNETTE SMITH, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice, a formal hearing was held on July 12, 1985, in Miami, Florida, before the Division of Administrative Hearings, by its duly designated Hearing Officer, Diane K. Kiesling.

APPEARANCES

For Petitioner: Frank R. Harder

Assistant School Board Attorney Twin Oaks Building/Suite 100 2780 Galloway Road

Miami, Florida 33165 For Respondent: No Appearance

This matter arose on the assignment by the School Board of Dade County of Julie Annette Smith to an alternative school, Douglas MacArthur Senior High School-South. Respondent, Julie Annette Smith, requested a formal hearing through a written request by her mother, Evangelene Smith Bryant. The issue is whether Smith meets the criteria for assignment to an educational alternative program.

Petitioner presented the testimony of Lucille Bentley/Assistant Principal at Centennial Junior High School, and Joseph Burke, formal Assistant Principal at Centennial.

Petitioner filed proposed findings of fact and conclusions of law as permitted by law. All proposed findings of fact and conclusions of law have been considered. To the extent that the

proposed findings and conclusions submitted are in accordance with the Findings, Conclusions and views submitted herein, they have been accepted and adopted in substance. Those findings not adopted are considered to be subordinate, cumulative, immaterial, unnecessary, or not supported by competent and credible evidence.

FINDINGS OF FACT

1. Julie Annette Smith was a student at Centennial Junior High School during the 1984-1985 school year. She was administratively reassigned to the Douglas MacArthur Senior High School-South, an alternative placement in the school system's opportunity school program, by letter dated November 29, 1984.

   
   

2. On September 6, 1984, Smith was disruptive, defiant and profane in the school cafeteria. She refused to go to the principal's office and Mr. Burke was called to remove her to his office. Smith was counseled and warned regarding her misbehavior and defiance.

   
   

3. On September 28, 1984, Smith was involved in a fight in the art classroom.

   
   

4. On November 7, 1984, Smith was involved in a fight wherein she attacked another student. Smith continued to verbally threaten the other student after the altercation was broken up by Mr. Burke.

   
   

5. Smith has been involved in numerous other incidents of verbal and physical abuse of school personnel and students. Her behavior repeatedly interfered with the ability of other students to receive an education.

   
   

   CONCLUSIONS OF LAW

   
   

6. The Division of Administrative Hearings has jurisdiction of the parties to and the subject matter of these proceedings. Sections 120.57(1) and 230.2315, Florida Statutes (1983).

   
   

7. Section 230.2315(4) provides that "a student may be eligible for an educational alternative program if the student is disruptive . . . ." This statute is further implemented in Rule 6A-1.994, Florida Administrative Code which states:

   
   

   1. Definition. Educational alternative programs designed to meet the needs of students who are disruptive, disinterested, or unsuccessful in a normal school environment. 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 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

            
            

         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 progress and the effort to provide assistance is either rejected or ineffective.

8. Based upon the history of disruptive behavior, it is concluded that Julie Annette Smith meets the criteria for eligibility for assignment to the alternative school program. Specifically Smith's behavior meets the criteria of Rule 6A- 1.994(2)(a)1, 2 and 3.

RECOMMENDATION

Based upon the foregoing Findings of Fact and Conclusions of Law, it is

RECOMMENDED that the School Board of Dade County enter a Final Order assigning Julie Annette Smith to the alternative School program at Douglas MacArthur Senior High School-South.

DONE and ENTERED this 6th day of August, 1985, in Tallahassee, Florida.

DIANE K. KIESLING

Hearing Officer

The Oakland Building 2009 Apalachee Parkway

Tallahassee, Florida 32301

(904) 488-9675

Filed with the Clerk of the Division of Administrative Hearings this 6th day of August, 1985.

COPIES FURNISHED:

Mrs. Evangelene Smith Bryant Parent of Julie Annette Smith 10990 S.W. 223rd Street Miami, Florida 33170

Frank R. Harder, Esquire Assistant School Board Attorney Twin Oaks Building/Suite 100 2780 Galloway Road

Miami, Florida 33165

Ms. Maeva Hipps, Clerk

of the School Board of Dade County Board Administration

Building 1450

N. E. Second Avenue Miami, Florida 33132

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

Docket for Case No: 85-001016

Orders for Case No: 85-001016