STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

SCHOOL BOARD OF DADE COUNTY, )

)

Petitioner, )

)

vs. ) Case No. 85-3677

)

MICHAEL RODRIGUEZ, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice, a formal hearing was held on January 29, 1986, in Miami, Florida, before the Division of Administrative Hearings by its designated Hearing Officer, Diane K. Kiesling.

APPEARANCES

For Petitioner: Frank R. Harder, Esquire

Suite 100, Twin Oaks Building 2780 Galloway Road (87th Avenue) Miami, Florida 33165

For Respondent: Sheila Rodriguez, Mother of

Michael Rodriguez 610 West 35th Street

Hialeah, Florida 33012

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

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

Petitioner presented the testimony of Ronald Coyle, assistant principal of Henry H. Filer Junior High School, and Maria C. Unanue, head counselor at Filer Junior High, together with six exhibits admitted in evidence. The Respondent presented the testimony of Sheila Rodriguez, mother of the student, and Michael Rodriguez, the student. The parties waived the filing of a transcript and proposed orders.

FINDINGS OF FACT

1. Michael Rodriguez was a student at Henry H. Filer Junior High School during the 1984-85 and 1985-86 school years until his assignment to the alternative school.

   
   

2. During the 1984-85 school year, Rodriguez was absent about fourteen days, ten of which occurred from May 1 to June 18, 1985. School began for the 1985-86 school year on September 4, 1985. During the first month and one-half, Rodriguez was absent eight days. On September 18, 23, and 30, 1985, Rodriguez was counseled and referred to the visiting teacher for cutting class and excessive absences. A formal complaint of truancy was filed on September 30, 1985.

   
   

3. Rodriguez has shown that he will not attend school regularly and was counseled regarding his refusal to attend school. Additionally, when Rodriguez came to school, he left without administrative authority on several occasions.

   
   

4. When Rodriguez attended school, he was able to perform at an acceptable level. As a result of his repeated truancy during the latter part of the 1984-85 school year, he received final grades of F in Science, D in Physical Education, C in Social Studies, D in Language Arts, F in Mathematics, and C in Shop. Rodriguez was retained in the seventh grade. He also received numerous effort grades of 3, which means he was making little or no effort in his studies.

   
   

5. On February 26, 1985, Rodriguez was disciplined for fighting. On September 8, 1985, he was reprimanded for general disruptive behavior. As mentioned earlier, he was disciplined and counseled on September 18, 1985, for cutting class and excessive absences. On October 3, 1985, Rodriguez was placed on a three-day outdoor suspension for defiance of school authority and leaving class without permission.

   
   

6. Rodriguez was counseled on several occasions regarding his truancy, lack, of effort and failing grades. His mother was also contacted and participated in a conference. A Child Study Team Conference was also held in which it was determined that Rodriguez has no learning disability and his failure is due to lack of effort and truancy.

   
   

   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

         
         

         1. Displays disruptive behavior which severely threatens the general welfare of the student or other members of the school population; or

            
            

         2. 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 history of truancy and absence and the grades of Rodriguez are sufficient to show that he is unsuccessful and disinterested as defined in this rule. Rodriguez has made unsatisfactory academic progress and the efforts to provide assistance have been rejected or unsuccessful. It is concluded that Rodriguez meets the criteria for eligibility for assignment to the alternative school program as set forth in Rule 6A- 1.994(2)(b), Florida Administrative Code.

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 Michael Rodriguez to the alternative school program at Jan Mann Opportunity School-North.

DONE and ORDERED this 19th day of February, 1986, in Tallahassee, Florida.

DIANE K. KIESLING, Hearing Officer Division of Administrative Hearings The Oakland Building

2009 Apalachee Parkway

Tallahassee, Florida 32399

(904) 488-9675

Filed with the Clerk of the Division of Administrative Hearings this 19th day of February, 1986.

COPIES FURNISHED:

Sheila Rodriguez

610 West 35th Street Hialeah, Florida 33012

Frank R. Harder, Esquire Twin Oaks Building

Suite 100

2780 Galloway Road

Miami, Florida 33165

Dr. Leonard Britton Superintendent of Schools Dade County Public Schools Board Administration Building 1450 N.E. Second Avenue Miami, Florida 33132

Mrs. Maeva Hipps 1415 N.E. 2nd Avenue Miami, Florida 33136

Docket for Case No: 85-003677

Orders for Case No: 85-003677