STATE OF FLORIDA

DIVISION OF ADMINSTRATIVE HEARINGS

SCHOOL BOARD OF DADE COUNTY, )

)

Petitioner, )

)

vs. ) Case No. 85-4361

)

OTIS J. CLAYTON, )

)

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 designated Hearing Officer, Diane

1. Kiesling.

   
   

   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 Otis J. Clayton (Clayton) to an alternative school, Douglas MacArthur Senior High School--North. Respondent Clayton requested a formal hearing through the written request of his mother, Martha Clayton Donalds.

   
   

   The issue is whether Clayton meets the criteria for assignment to an educational alternative program. Petitioner presented the testimony of Dr. Paul E. Smith, assistant principal of Nautilus Junior High School; Lavette Spearman, teacher; Barbara Sigety, teacher; Dr. Don R. Spivey, assistant principal at Miami Beach Senior High School; Harry G. Rolle, teacher; Frankin D. Ross, visiting teacher; Barbara Sachs, counselor; Michael Friedman, exceptional student placement coordinator; and M. Christine Pina, psychologist. Petitioner

   had twenty-five exhibits admitted in evidence, Petitioner waived the filing of a transcript and proposed order.

   FINDINGS OF FACT

   
   

   1. Otis J. Clayton was a student at Nautilus Junior High School during the 1983-84 and 1984-85 school years. He attended Miami Beach Senior High School during the 1985-86 school year until his assignment to the alternative school.

      
      

   2. While at Nautilus, Clayton had an extensive history of disruptive behavior in class. During the 1983-84 school year, Clayton consistently, regularly and persistently disrupted class by yelling, using abusive language to others including teachers and students, hitting other students, talking and playing in class, and defying authority. He was counseled and disciplined and conferences were held with his mother. Despite constant assistance by the school, Clayton did not change his disruptive behavior. He was finally suspended on June 6, 1984.

      
      

   3. In addition to his disruptive behavior, Clayton was disinterested and unsuccessful as evidenced by his excessive absences and skipping class. His absences in various classes ranged from 16 to 26 for the 1983-84 school year.

      
      

   4. During the 1984-85 school year, Clayton's disruptive behavior continued. On February 21, 1985, Clayton was suspended for five days as a result of his disruptive behavior, defiance of school authority and fighting. Again on March 1, 1985, Clayton was disciplined for fighting. Clayton was disciplined and counseled regarding his continuous disruption and defiance in class on March 20, 1885. On March 29, 1985, Clayton was placed on indoor suspension for five days for his repeated disruption, defiance and use of provocative language. Clayton was disciplined on April 2, 1985, for his disruptive behavior and for picking on other students. He was placed on a five day outdoor suspension on April 23, 1985, for his repeated disruption of class, defiance of school authority and assault. Finally, Clayton was again suspended for five days on May 13, 1985, for his repeated disruptive behavior and defiance.

      Clayton had been hitting other students.

      
      

   5. During the 1984-85 school year Clayton's absences and skipping class had also increased. He had a cumulative absence total of 34 and a record of absences in various classes ranging from 22 to 71.

      
      

   6. Clayton began attending Miami Beach Senior High School for the 1985-86 school year. His misbehavior and absenteeism continued. On October 17, 1985, Clayton was disciplined for

      excessive tardiness. On October 23, 1985, he was again disciplined for excessive tardiness and excessive absences. He was suspended for five days on October 25, 1985 for his general disruptive behavior, defiance, excessive tardiness, refusal to serve detention and refusal to serve an indoor suspension.

      Finally, on November 4, 1985, Clayton was suspended for 10 days for disruptive behavior, defiance, and excessive tardiness and absences. He had been absent 25 days during the first grading period and he had received grades of F in all classes.

      
      

   7. On November 5, 1985, the parent was informed by letter that Clayton was being referred to the alternative school program. Because Clayton is an exceptional student, an educational placement staffing conference was held on November 8, 1985. During that staffing a new Individual Educational Plan (IEP) was developed which included placement in the opportunity school at Douglas MacArthur Senior High School-North. Clayton's mother was present at the staffing and signed the IEP approving Clayton's placement at MacArthur.

      
      

      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 "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 or 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 efforts to provide assistance is either rejected or is ineffective.

         
         

   10. The disciplinary history of Clayton shows "persistent behavior which interferes with" the educational process and "consistent behavior resulting in frequent conflicts of a disruptive nature." Additionally, Clayton's abuse of other students "severely threatens the general welfare" of other

members of the school population. Further, Clayton's excessive absences, failing grades, and disinterest clearly demonstrate that he is an unsuccessful and disinterested student as defined. It is therefore concluded that Clayton 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 Otis J. Clayton to the alternative school program at Douglas MacArthur Senior High 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 32399

(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

Mrs. Martha C. Donalds 1558 Northwest 1st Avenue Miami, Florida 33139

Dr. Leonard Britton Superintendent of Schools Dade County Public Schools

Board of 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: 85-004361

Orders for Case No: 85-004361