STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

SCHOOL BOARD OF DADE COUNTY, )

)

Petitioner, )

)

vs. ) CASE NO. 85-2747

)

GONZALO LAZARO CARMONA, )

)

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

   Suite 800, 300 Executive Plaza

   3050 Biscayne Boulevard

   Miami, Florida 33137

   
   

   For Respondent: Caridad Cabrera, Mother

   2025 Northwest 28 Street

   Miami, Florida 33142

   
   

   This matter arose on the assignment by the School Board of Dade County of Gonzalo Lazaro Carmona to an alternative school, Douglas MacArthur Senior High School - North. Respondent, Gonzalo Lazaro Carmona, requested a formal hearing through the written request of his mother, Caridad Cabrera.

   
   

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

   
   

   Petitioner presented the testimony of Henry Deiderich, assistant principal of Miami Jackson Senior High School, together with three exhibit. Respondent presented the testimony of Caridad Cabrera, mother of Carmona; Gonzalo Lazaro Carmona,

   the student; and Gonzalo Carmona, father of the student. The parties waived the filing of a transcript and proposed orders.

   FINDINGS OF FACT

   
   

   1. Gonzalo Lazaro Carmona was a student at Miami Jackson Senior High School during the 1984-85 school year until his assignment to the alternative school.

      
      

   2. On October 31, 1984, Carmona was placed on indoor suspension for cutting class and failure to complete an assignment. Carmona was placed on indoor suspension on November 28, 1984, following three incidents in that month. He was referred for discipline on November 9, 1984, for general disruptive behavior and failure to complete an assignment; November 14, 1985, for general disruptive behavior; and November 28, 1985, for being in an unauthorized area, specifically the girls' locker room.

      
      

   3. On February 6, 1985, Carmona was placed on outdoor suspension for general disruptive behavior, defiance of school authority and assault on a teacher. Again on March 8, 1985, he was suspended for assault on a teacher. Carmona was disciplined on March 13, 1985, for general disruptive behavior, defiance of school authority, and rude and discourteous behavior. On April 2, 1985, he was reprimanded and warned for defiance, cutting class, and leaving class without permission. An outdoor suspension was given for general disruptive behavior and failure to complete an assignment on April 25, 1985.

      
      

   4. Finally, on May 17, 1985, Carmona assaulted a teacher, Ms. Sweats, in the classroom. Carmona was being disruptive in class. Ms. Sweats tried to reprimand him. Carmona then made a fist, used profanity, and threatened the teacher. Carmona was placed on a ten-day outdoor suspension. It was also recommended that Carmona be reassigned to the alternative school program.

      
      

   5. While enrolled at Miami Jackson, Carmona was not successful academically. His final grades for the 1984-85 school year were C (Math), F (Personal Fitness), F (Biology), C (Arts and Crafts), F (Life Management), and F (Fundamentals CM2). At various times during the school year, Carmona was counseled regarding his failure to complete assignments and he was given an academic advisement conference. Despite these efforts by the school personnel, Carmona failed to put forth effort to improve his academic performance, as evidenced by his effort ratings of 3 in all the classes he failed.

      
      

   6. Carmona's mother signed a request for transfer to the opportunity school program on March 14, 1985. However, she is

      unable to read English and did not fully understand the importance of signing the request. She intended that the request be used to scare her son into improving his behavior. The recommendation to assign Carmona to the alternative school was based on his history of disruptive behavior and his lack of academic success, and not on the request his mother signed.

      
      

      CONCLUSIONS OF LAW

      
      

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

      
      

   8. 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.

         
         

   9. The disciplinary history of Carmona shows "persistent behavior which interferes with" the educational process and "consistent behavior resulting in frequent conflicts of a disruptive nature." Additionally, Carmona is unsuccessful and disinterested as evidenced by his poor grades, lack of effort, and failure to improve despite the efforts of school personnel to provide assistance. It is concluded that Carmona 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 Gonzalo Lazaro Carmona to the alternative school program at Douglas MacArthur senior High School - North.

DONE and ORDERED 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. Caridad Cabrera 2025 NW 28 Street

Miami, Florida 33142

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 NE Second Avenue Miami, Florida 33132

Docket for Case No: 85-002747

Orders for Case No: 85-002747