STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

SCHOOL BOARD OF DADE COUNTY, )

)

Petitioner, )

)

vs. ) CASE NO. 85-1848

)

VENUS TARA RODRIGUEZ, )

)

Respondent. )

)

RECOMMENDED ORDER

Upon due notice, this cause came on for formal hearing before Ella Jane P. Davis, the assigned Hearing officer of the Division of Administrative Hearings on August 16, 1985, in Miami, Florida.

After waiting 15 minutes, no parent or other. representative for the student appeared at formal hearing.

APPEARANCES

For Petitioner: Mark A. Valentine, Esquire

3050 Biscayne Blvd.

Suite 800

Miami, Florida 33137 For Respondent: None.

By a May 13, 1983 letter of assignment, the School Board of Dade County assigned the student, Venus Tara Rodriguez to Youth Opportunity School South, an alternative school placement.

Timely request for review pursuant to Section 230.2315(5) was made by letter of Wilhelmina Rodriguez, mother of the student, which letter was received by the School Board on May 30, 1983.

Petitioner called as its sole witness Allan Bonilla, a Principal of Riviera Junior High School, Dade County, and had admitted one exhibit.

No transcript was provided and the undersigned was advised that no proposed findings of fact and conclusions of law would be forthcoming.

FINDINGS OF FACT

1. Allan Bonilla, currently Principal of Riviera Junior High School, was one of at least two assistant principals who attempted to work with Venus Tara Rodriguez during her 7th grade experience there in the 1984-1985 regular school year. He has been employed four years at that facility.

   
   

2. Immediately prior to the winter vacation (commonly known as the extended Christmas holidays), on December 20, 1984, Venus left the campus without prior permission, this activity resulted in a two-day indoor suspension.

   
   

3. In February, 1985, she received a three-day indoor suspension as the result of tardiness which culminated in an outdoor suspension the same month because her behavior at the three-day indoor suspension was so disruptive that it was deemed ineffective for her and the other students.

   
   

4. In March, 1985, her rude and disruptive classroom behavior resulted in two indoor suspensions.

   
   

5. In April 1985, as a result of her refusal to work during the last indoor suspension, she was assigned an outdoor suspension.

   
   

6. Mr. Bonilla did not work with Venus as regularly as another assistant principal who was not available for hearing, but he expressed personal knowledge of the foregoing events and had interacted with Venus on several occasions for being out of class and boisterous. His assessment was that Venus could do the work required of her but that her behavior was so disruptive in the classroom that at the conclusion of the regular 1984-1985 school year she was failing two out of six subjects and was doing approximately "D" work in the rest. He agreed with the decision to assign her to an alternative school program, which decision was made because of Venus' need of individual attention and smaller class due to her habit of "acting out" in large groups. Venus' parents were contacted concerning each suspension.

   
   

7. Mr. Bonilla testified that Venus has successfully finished 7th grade during the 1985 summer school session at GRE

   Lee opportunity School and he has received notice she will be reassigned and enrolled at Riviera Junior High School for the 1985-1986 school year commencing in September 1985.

   
   

   CONCLUSIONS OF LAW

   
   

8. In light of Respondent's reassignment to Riviera Junior High School for the 1985-1986 school year, the issue of her previous assignment to an alternative school placement is moot.

RECOMMENDATION

Upon the foregoing findings of fact and conclusions of law, it is recommended that the School Board enter a final order returning Venus Tara Rodriguez to Riviera Junior High School.

DONE AND ORDERED this 29th day of August, 1985, at 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 29th day of August, 1985.

COPIES FURNISHED:

Phyllis O. Douglas, Esquire 1410 N. E. Second Avenue Miami, Florida 33132

Madelyn P. Schere, Esquire Dade County Public Schools Board Administration Building 1410 N. E. Second Avenue Miami, Florida 33132

Mark A. Valentine, Esquire 3050 Biscayne Blvd.

Suite 800

Miami, Florida 33137-4198

Ms. Wilhelmina A. Rodriguez 4110 S. W. 104th Place Miami, Florida 33165

Dr. Leonard Britton Superintendent of Schools Dade County Public Schools 1510 N. E. Second Avenue Miami, Florida 33132

Docket for Case No: 85-001848

Orders for Case No: 85-001848