STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

SCHOOL BOARD OF PALM BEACH COUNTY, )

)

Petitioner, )

)

vs. ) CASE NO. 86-1206

)

WALTER PRESSLEY, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice, the Division of Administrative Hearings, by its duly designated Hearing Officer, James E. Bradwell, held a public hearing in this case on May 5, 1986, in West Palm Beach, Florida.

APPEARANCES

For Petitioner: Bernard Shulman, Esquire

School Board of Palm Beach County 3323 Belvedere Road

West Palm Beach, Florida 33402

For Respondent: Mrs. Ryna Pressley, parent

2073 N.W. Second Street Boynton Beach, Florida 33435

ISSUE

The issue presented for decision herein is whether or not Respondent, Walter Pressley, should be expelled as a student from the Palm Beach County Public School System.

FINDINGS OF FACT

Based upon my observation of the witnesses and their demeanor while testifying, documentary evidence received and the entire record compiled herein, I hereby make the following relevant factual findings.

1. Walter Pressley, whose date of birth is August 6, 1970, was enrolled as a ninth grader at Lake Worth High School during the 1985-86 school year. On February 12, 1986, Respondent Pressley was suspended from Lake Worth Community High School for violation of Student Conduct Code 5.18 possession and selling drugs on campus.

   
   

2. During January, 1986, Officer Jay Spencer was assigned by Lieutenant Ericson as an undercover officer and he (Spencer) was enrolled as a twelfth grade student for the Lake Worth Police Department at Lake Worth High School. On Monday, January 27, 1986, at approximately 11:40 a.m., Officer Spencer asked Respondent if he knew where he could get some "sensebud" (street name for a

   particular kind of marijuana). Respondent advised Officer Spencer that he did not have any on his person, but offered to take him to someone who did. Officer Spencer and Respondent attempted to locate the other student who supposedly had the sensebud but he could not be found. The time was drawing near for Officer Spencer's fifth period class to begin and he told Respondent that if he found any sensebud that he would be in his fifth period class whereupon Respondent asked him where was his fifth period class. Approximately fifteen minutes later, Respondent appeared at Officer Spencer's class and beckoned for him to come outside into the hallway. Once out in the hallway, Respondent told him that he had some sensebud. Officer Spencer and Respondent went to a bathroom located on the second floor of the south building at the school and Respondent presented a clear sandwich bag containing suspected marijuana. Officer Spencer conducted a field test of the substance which tested positive for the drug marijuana. Respondent told Officer Spencer that "he could have it for free" inasmuch as he was just establishing a business and he wanted to form a good reputation among other students and build a clientele. Officer Spencer refused to accept the suspected marijuana without payment and asked Respondent if $2.00 would cover it. Respondent agreed and Officer Spencer gave him $2.00 in U.S. currency in return for the marijuana. Officer Spencer then left the Lake Worth High School campus and returned to his home with the suspected marijuana. Once at home, Officer Spencer tested the suspected marijuana for the presence of Delta 9-THC with the Duguenois Reagent Test. After testing the suspected marijuana, it was positive for the presence of Delta 9-THC. At approximately 8:00, Officer Spencer met with Lieutenant Ericson at the Lake Worth Police Department and gave him the suspected marijuana which was thereafter placed into the evidence locker.

   
   

3. On February 12, 1986, at approximately 9:00 a.m., Officer Spencer and Lieutenant Ericson arrested Respondent at the Lake Worth High School for the sale of 1.25 grams of marijuana. After Respondent was arrested, he was taken to the Lake Worth Police Department for processing and thereafter transported to the Division of Youth Services (DYS).

   
   

4. Respondent was found guilty on March 25, in juvenile court, on a charge of sale and possession of a controlled substance; was placed on probation and given 50 hours of community service. (Petitioner's Exhibit 5).

   
   

5. Richard Cahill is a guidance counselor at Lake Worth Community High School. Counselor Cahill reviewed Respondent's achievement record and noted that Respondent performed satisfactorily during his eighth grade, passing all of his classes (during the eighth grade) except math. During his first semester of ninth grade, Respondent again passed all of his classes except math. However, during the second semester, he only passed one subject and in all of his remaining classes Respondent earned F's and one incomplete grade.

   
   

6. Once Respondent was enrolled in tenth grade, he commenced compiling a record of excessive absences and he was counseled by Counselor Cahill.

   Counselor Cahill spoke to Respondent's teachers who related that Respondent expended some effort during the first nine weeks of tenth grade, however, during the second semester, Respondent put forth very little effort and began to be disruptive in class.

   
   

7. On November 1, 1983, Respondent was suspended for two days for using abusive language. On February 21, 1984, Respondent was suspended for three days for chronic tardiness. On March 27, 1984, Respondent was suspended for three days for excessively reporting tardy to class. On March 7, 1985, Respondent was suspended for seven days for being an accomplice to a robbery of another

   student. Finally, Respondent was initially suspended on February 12, 1986 based on the instant charge of possession and selling drugs on the campus of Lake Worth Community High School. (Petitioner's Exhibit 1).

   
   

8. David Cantley is the principal at Lake Worth. Principal Cantley provides all students at Lake Worth with a copy of the student handbook at the beginning of each school year.

   
   

9. Petitioner goes to great pains to advise students of the ill-effects resulting from the usage of drugs. The student handbook contains Petitioner's disciplinary procedures for the possession or sale of mood altering drugs. Petitioner considers the possession and/or selling of drugs on campus to be a serious infraction of the code of student conduct. (Student Code of Conduct, Section 5.18). Students found guilty of either possession, use or sale of drugs on campus are subject to disciplinary measures including expulsion. (Page 66, Student Handbook).

   
   

10. Rich Mooney, an intake counselor for Youth and Family Services, Department of Health and Rehabilitative Services, has been involved in assisting the Respondent since March of 1985 when Respondent was charged with being an accessory to the robbery of another student at Lake Worth Community High School. Since the more recent charge of the sale and possession of marijuana while on the campus of Lake Worth Community High School, Counselor Mooney has enrolled Respondent at the Tri-Center Training and Rehabilitation Day Program (Tri- Center) which is a rehabilitation program operating Monday through Friday during the hours of 8:00 a.m. to 4:00 p.m. under the auspices of Petitioner's Alternative School System. Respondent has been enrolled at Tri-Center since he was recommended for suspension on February 12, 1986. During the first week of Respondent's enrollment at Tri-Center, he presented a few problems adjusting to the structured environment at Tri-Center, however, he is conforming and Counselor Mooney has expressed his opinion that Respondent should do well during the remainder of his enrollment at Tri-Center.

    
    

11. Respondent's mother, Mrs. Ryna Pressley, has diligently tried to curb Respondent's disruptive conduct since he has been enrolled at Lake Worth Community High School. Her efforts appear to have failed based on the numerous suspensions of Respondent from Lake Worth commencing in November, 1983 through February, 1986.

    
    

    CONCLUSIONS OF LAW

    
    

12. The Division of Administrative Hearings has jurisdiction over the subject matter and the parties to this action. Section 120.57(1), Florida Statutes.

    
    

13. The parties were duly noticed pursuant to the notice provisions of Chapter 120, Florida Statutes.

    
    

14. The authority of the Petitioner is derived from Chapters 230 and 232, Florida Statutes and Rule Chapter 6G, Florida Administrative Code.

    
    

15. Section 232.26, Florida Statutes authorizes the Petitioner to suspend a student for willful disobedience, for open defiance of authority of a member of the staff or for other serious misconduct and for repeated misconduct as specified in Section (1), Student Code Policy 5.18. Additionally, Petitioner is authorized to impose additional periods of suspensions for students who have engaged in repeated acts of serious misconduct. Based on the foregoing Findings

of Fact, it is concluded that Respondent has repeatedly violated the student code of conduct and more recently by possessing and selling drugs on campus on January 27, 1986, Respondent engaged in serious misconduct in violation of Rule 5.18, Student Code of Conduct. I shall therefore recommend that Respondent be expelled from the regular school program at Palm Beach County and be enrolled in an alternative program under the auspices of the Palm Beach County School System. This recommendation appears to be in keeping with the directives set forth in Section 232.26(1)(c), Florida Statutes (1985).

RECOMMENDATION

Based on the foregoing Findings of Fact and Conclusions of Law, it is hereby RECOMMENDED that the Respondent be expelled from the regular program at Petitioners School Board of Palm Beach County and that he be provided an education in Petitioner's alternative educational program in an appropriate school setting such as the Tri-Center Training and Rehabilitation Day Program.

Recommended this 11th day of June, 1986, in Tallahassee, Florida.

JAMES E. BRADWELL

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 11th day of June, 1986.

COPIES FURNISHED:

Bernard Shulman, Esquire

School Board of Palm Beach County 3323 Belvedere Road

West Palm Beach, Florida 33402

Mrs. Ryna Pressley

2073 N.W. Second Street Boynton Beach, Florida 33435

Honorable Ralph D. Turlington Commissioner of Education

The Capitol

Tallahassee, Florida 32301

Judith Brechner General Counsel Knott Building

Tallahassee, Florida 32301

Thomas J. Mills Superintendent of Schools

School Board of Palm Beach County 3323 Belvedere Road

West Palm Beach, Florida 33402

=================================================================

AGENCY FINAL ORDER

================================================================= BEFORE THE SCHOOL BOARD OF PALM BEACH COUNTY, FLORIDA

SCHOOL BOARD OF PALM BEACH )

COUNTY, FLORIDA, )

)

Petitioner, )

)

vs. ) CASE No. 86-12O6

)

WALTER PRESSLEY, a minor )

)

Respondent. )

)

FINAL ORDER

This matter came on to be heard by The School Board of Palm Beach County, Florida, for the purpose of entering a Final Order In the above-styled cause. In consideration of the recommendations of the Superintendent and the Division of Administrative Hearings (DOAH) Hearing Officer, (see attached Exhibit "A") the School Board finds the following:

BACKGROUND:

1. On May 5, 1986, a hearing was held by the DOAH Hearing Officer in order to take evidence concerning the Superintendent's charge that the Respondent was guilty of violating the student conduct code of the Palm Beach County school system, Section 5.18, arising out of his possession of marijuana and distribution of marijuana while a student on the campus of Lake Worth Community High School. The Respondent's mother requested a hearing on his proposed expulsion. On June 11, 1986, the Hearing Officer issued a recommended order (attached as Exhibit "A") in which he determined that the Respondent violated School Board Policy 5.18, which proscribes standards for student conduct and authorizes expulsion of a student for possession and distribution of marijuana and that the Respondent has violated School Board Policy 5.18 in that he was arrested and found guilty of possessing and attempting to sell marijuana on the campus, and that his expulsion from the Palm Beach County school system is justified. The Hearing Officer recommended that the Respondent be expelled from the Palm Beach County school system regular programs and that he be provided an education in an alternative education in an appropriate setting such as the Tri- Center Training and Rehabilitation Program.

FINDINGS OF FACT:

1. The School Board of Palm Beach County, Florida, finds that the Hearing Officer's findings of fact are supported by competent substantial evidence in the record and that the proceedings upon which the findings of fact are based comply with the essential requirements of law.

   
   

2. Accordingly, the Hearing Officer's findings of fact are adopted as the School Board's findings of fact. See 120.57(1)(b)(9), Florida Statutes.

CONCLUSIONS OF LAW:

1. The School Board of Palm Beach County, Florida, has jurisdiction of the subject matter and the parties thereto.

   
   

2. The School Board of Palm Beach County, Florida, has reviewed and adopts the Hearing Officer's conclusions of law, Section 120.57(1)(b)(9), Florida Statutes, and also adopts the recommendation for expulsion but only in conformance with School Board Policy, D-5.241 (3) which states:

"Expulsion prevents a student from enrolling in any school programs offered by the school

system for the effective date of the expulsion."

and rejects the Hearing Officer's suggestion that an alternative program be provided during expulsion.

This Order may be appealed within thirty days by filing a notice of appeal with the district court of appeal. Except in cases of indigency, the court will require a filing fee and payment for preparing the record on appeal. For further explanation of the right to appeal, refer to Section 120.63, Florida Statutes (1985), and the Florida Rules of Appellate Procedure.

ORDERED AND ADJUDGED that the Respondent, Walter Pressley, is hereby expelled effective this date, from attendance from all programs of the Palm Beach County School System through the end of the 1986/87 school year.

DONE AND ORDERED this 23rd day of July 1936.

Louis J. Eassa Chairman

School Board of Palm Beach County (SEAL)

Filed with the Clerk of, the School Board this 23rd day of July, 1986.

Clerk

Docket for Case No: 86-001206

Orders for Case No: 86-001206