STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

SCHOOL BOARD OF DADE COUNTY, )

)

Petitioner, )

)

vs. ) Case No. 85-3911

)

ELIZABETH EVERETT, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice, a formal hearing was held on February 25, 1986, in Miami, Florida, before the Division of Administrative Hearings by its duly designated Hearing Officer, Diane K. Riesling.

APPEARANCES

For Petitioner: Jackie Gabe, Esquire

3050 Biscayne Boulevard

Suite 800

Miami, Florida 33137 For Respondent: No Appearance

This matter arose on the assignment by the School Board of Dade County of Elizabeth Everett (Everett) to an alternative school, Jan Mann Opportunity School-North. Respondent Everett requested a formal hearing through the written request of her father, Jeffery Everett.

ISSUE

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

The Petitioner presented the testimony of Charles F. Thompson, assistant principal at Madison Junior High School; Ollie Yeager, guidance counselor Ben Simmons, social worker; Arline Shapiro, teacher; and Betty T. Orfly, teacher. Petitioner also had 30 exhibits admitted in evidence. Petitioner waived the filing of a transcript and proposed order.

FINDINGS OF FACT

1. Elizabeth Everett was a student at Madison Junior High School during the 1983-84, 1984-85 and 1985-86 school years until her assignment to the alternative school. She also attended summer school in 1984 and 1985.

   
   

2. Everett has an extensive history of disciplinary problems. She entered school at Madison on November 14, 1983. On December 1, 1983, Everett was referred for discipline for defiance and cursing at the teacher and other students. She was placed on a 3-day indoor suspension on December 14, 1983, for defiance of school personnel. On January 12, 1984, Everett was disciplined for stealing from another student. On February 16,

   1984, Everett cut class. Everett was disciplined on February 28, 1984, for disruption of the class, disrespect, defiance and excessive tardiness. Everett continued to disrupt class and was disciplined on March 7, 1984. She was placed in CSI on May 30, 1984, for disruption and defiance. On May 31, 1984, Everett was disciplined for disruption, disrespect, defiance and excessive tardiness.

   
   

3. During summer school, Everett was disciplined for fighting in class on August 10, 1984.

   
   

4. During the 1984-85 school year, Everett's disruptive behavior continued. On October 5, 1984, she was disciplined for popping caps in class and on October 9, 1984, she was again disciplined for disruption, disrespect and defiance. Everett was disruptive, disrespectful and defiant on November 9, 1984, and on November 27, 1984, she left class without permission. Again on January 18, 1985, Everett was disruptive, disrespectful and defiant. She was suspended on February 13, 1985, for disruption and fighting in class. On March 11, 1985, Everett entered another classroom during class and disrupted that class, and again on April 4, 1985, she disrupted another class by throwing rocks in the door at another student. Everett was abusive and disruptive on May 22, 1985. On May 31; 1985, Everett was disruptive and abusive and instigated a near fight with another student. Finally on June 5, 1985, Everett was fighting with another student and she was suspended for three days for the fight and her disruptive behavior.

   
   

5. On September 9, 1985, Everett was removed from class after her disruptive behavior. On September 13, 1985, Everett was suspended for 10 days for causing a major disruption and battery on another student.

   
   

6. Throughout the time she attended Madison, Everett was counseled, conferences were held with her parents, and warnings

   were given. Everett was referred to outside agencies for assistance. She was seen regularly by Youth and Family Services and assistance was provided to both Everett and her family. None of these measures were effective in modifying Everett's disruptive and aggressive behavior.

   
   

7. Everett's behavior problems prevented her from succeeding academically. Even though she attended seventh grade for the 1983-84 and 1984-85 school years and summer school in 1984 and 1985, Everett has failed to passed enough classes and earn enough credits to be promoted to the eighth grade. In the 1983-84 school year Everett passed only two classes with a D and one with a C. She earned three credits. In summer school, 1984, she passed only two classes and earned 1.5 credits. In 1984-1985, Everett earned 4 credits with grades of C and D. In summer, 1985, she failed all classes.

   
   

   CONCLUSIONS OF LAW

   
   

8. 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).

   
   

9. 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.

      
      

10. The disciplinary history of Everett shows "persistent behavior which interferes with" the educational process and "consistent behavior resulting in frequent conflicts of a disruptive nature." Additionally, her aggressive, violent behavior severely threatens the general welfare of other students. Finally, Everett is clearly an unsuccessful student as reflected by her failure to achieve enough credits to advance a grade over the course of two school years and two summer sessions. It is concluded that Everett meets the criteria for eligibility for assignment to the alternative school program as set forth in Rule 6A-1.994(2)(a) and (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 Elizabeth Everett to the alternative school program at Jan Mann Opportunity School-North.

DONE and ENTERED this 7th day of March, 1986, 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 7th day of March, 1986.

COPIES FURNISHED:

Jackie Gabe, Esquire 3050 Biscayne Boulevard

Suite 800

Miami, Florida 33137

Mr. Jeffery Everett 9000 Northwest 35 Court

Miami, Florida 33147

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

Ms. Maeva Hipps School Board Clerk 1450 N. E. 2nd Avenue Miami, Florida 33132

Docket for Case No: 85-003911

Orders for Case No: 85-003911