STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

SCHOOL BOARD OF DADE COUNTY, )

)

Petitioner, )

)

vs. ) CASE NO. 85-2745

)

JOSE L. RIZO, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice, a formal hearing was held on September 20, 1985, in Miami, Florida, before the Division of Administrative Hearings by its designated Hearing Officer, Diane

1. Kiesling.

   
   

   APPEARANCES

   
   

   For Petitioner: Jackie Gabe, Esquire

   300 Executive Plaza, Suite 800 3050 Biscayne Boulevard

   Miami, Florida 33137 For Respondent: No Appearance

   This matter arose on the assignment by the School Board of Dade County of Jose L. Rizo to an alternative school, Jan Mann Opportunity School North. Respondent, Jose L. Rizo, requested a formal hearing through the written request of his mother, Mrs.

   Idelio Rizo.

   
   

   The issue is whether Rizo meets the criteria for assignment to an educational alternative program.

   
   

   Petitioner presented the testimony of Ronald D. Coyle, assistant principal of Henry H. Filer Junior High School, together with Petitioner~s Exhibits 1 and 2. Respondent did not appear at the formal hearing. Petitioner waived the filing of a transcript and proposed order.

   FINDINGS OF FACT

   
   

   1. Jose L. Rizo was a student at Henry H. Filer Junior High School during the 1984-85 school year until his assignment to the alternative school.

      
      

   2. During his attendance at Filer, Rizo was involved in numerous instances of misbehavior that required disciplinary action. On November 9, 1984, Rizo was reprimanded and warned for cutting class. He received three additional reprimands and warnings for general disruptive behavior and for being in an unauthorized area on November 30, 1984; for general disruptive behavior and cutting class on December 18, 1984; and for excessive tardiness and for being in an unauthorized area on January 22, 1985. He was also placed on indoor suspension. On February 4, 1985, Rizo was placed on outdoor suspension for assault and battery. Rizo was disciplined for excessive tardiness on February 12, 1985, for general disruptive behavior and nonattendance on March 8, 1985, and for nonattendance on March 15, 1985. He was given dropout prevention counseling, but his misbehavior and nonattendance continued. On April 1, 1985, Rizo was again referred for discipline for excessive absences. On April 2, 1985, he was placed on outdoor suspension for aggravated assault and battery and a Complaint of Truancy was filed. Rizo was again referred for nonattendance on April 5, 1985. Finally, on April 15, 1985, Rizo was again placed on suspension for fighting . A recommendation for alternative school placement was made on April 24, 1985.

      
      

   3. Rizo will turn sixteen on October 10, 1985. He has expressed his intention to quit school at that time. Despite active intervention by school officials, Rizo's lack of interest in school and his failure and refusal to attend school remains unchanged.

      
      

      CONCLUSIONS OF LAW

      
      

   4. The Division of Administrative Hearings has jurisdiction of the parties to and the subject matter of these proceedings.

      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).

      
      

   5. Section 230.2315(4) provides that "a student may be eligible for an educational alternative program if the student is disruptive, unsuccessful, or disinterested in the regular

      school environment . . . ." This statute is further implemented in Rule 6A-1.994, Florida Administrative Code, which states:

      
      

      1. Definition. Educational alternative program 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 is ineffective.

         
         

   6. The disciplinary history of Rizo shows "persistent behavior which interferes with" the educational process and "consistent behavior resulting in frequent conflicts of a disruptive nature." Additionally, Rizo is clearly disinterested in the traditional school program. Rizo meets the criteria for eligibility for assignment to the alternative school program as set forth in Rule 6A-1.994(2)(a) and (b).

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 Jose L. Rizo to the alternative school program at Jan Mann Opportunity School North.

DONE and ENTERED this 26th day of September, 1985, in Tallahassee, Florida.

DIANE K. KIESLING, 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 26th day of September, 1985.

COPIES FURNISHED:

Jackie Gabe, Esquire

Suite 800, 300 Executive Plaza

3050 Biscayne Blvd.

Miami, Florida 33137

Mrs. Idelio Rizo 1160 West 30 Street

Hialeah, Florida 33012

Dr. Leonard Britton Superintendent of Schools School Board of Dade County 1450 NE Second Avenue Miami, Florida 33132

Ms. Maeva Hipps School Board Clerk

Dade County Public Schools 1410 Northeast Second Avenue

Miami, Florida 33132

Docket for Case No: 85-002745

Orders for Case No: 85-002745