STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

SCHOOL BOARD OF DADE COUNTY, )

)

Petitioner, )

)

vs. ) CASE NO. 86-1508

)

SAMUEL DAVID SORRELLS, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to Notice, this cause was heard by Linda M. Rigot, the assigned Hearing Officer of the Division of Administrative Hearings, on September 2, 1986, in Miami, Florida.

Petitioner School Board of Dade County was represented by Frank R. Harder, Esquire, Miami, Florida. Respondent Samuel David Sorrells was not represented and did not appear.

By letter dated April 8, 1986, Petitioner notified Respondent's mother that he was being administratively re- assigned to Jan Mann Opportunity School-North, an alternative school placement, and Respondent's mother requested a hearing regarding that re-assignment. Accordingly, the issue for determination herein is whether Respondent should be re-assigned to that educational alternative program.

Petitioner presented the testimony of Karen Schiffman, Stan Bronstein, Sherry Allen, Tom Frederick, Hal Blitman, and Paul Eugene Smith. Additionally, Petitioner's Exhibits numbered 1-8 were admitted in evidence.

FINDINGS OF FACT

1. On November 27, 1985, Respondent Samuel David Sorrells entered the seventh grade at Nautilus Junior High School.

   
   

2. On January 10, 1986, Respondent did not have his textbook with him in his math class. He was given permission to get another book to use during that class, and when he did so another student took that book away from him. Respondent started cursing that other student. When a third student told Respondent to control his language, Respondent physically attacked that third student.

   
   

3. On February 14, 1986, Respondent's apparent intention to cut school that day was thwarted when he was picked up by the Miami Beach Police Department and escorted by the police to school in time for his second period class. Although Respondent went to the physical education field, he refused to "dress out" for physical education, refused to stand where he was instructed to by the teacher, and then cursed the teacher and threatened her with physical violence.

4. On March 17, 1986, Respondent was caught writing on the walls in the school hallways and in the school bathrooms.

   
   

5. A conference among various school personnel and Respondent's mother was held on March 17, 1986, to determine how to best fulfill Respondent's needs. The recommendation by school personnel attending that conference was that Respondent would be better served by the educational alternative program at Jan Mann Opportunity School-North for the reasons that that school offers smaller

   classes so that more attention can be given to each individual student and there are more trained counselors available to assist the students with their specialized needs.

   
   

6. Between November 27, 1985, when Respondent first enrolled at Nautilus Junior High School and April 8, 1986, when Petitioner determined that Respondent should be administratively re-assigned, Respondent was absent from school on 10 days and was suspended from attending classes on 18 additional days.

   
   

7. Respondent received F's in all classes at Nautilus Junior High School although he is able to do the work given to him. He simply does not do it.

   
   

   CONCLUSIONS OF LAW

   
   

8. The Division of Administrative Hearings has jurisdiction over the parties hereto and the subject matter hereof. Section 120.57(1), Florida Statutes.

   
   

9. Section 231.2315, Florida Statutes, requires the various public school systems to establish educational alternative programs to meet the needs of students who are disruptive or unsuccessful in a normal school environment. Attendant thereto, the Department of Education has adopted criteria for eligibility for such programs. Section 6A-1.994(2), Florida Administrative Code, provides as follows:

   
   

   (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

         
         

   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. Petitioner has clearly met its burden of proving that Respondent is both a disruptive student and an unsuccessful or disinterested student. Respondent is clearly in need of an educational program which can better fulfill his needs for specialized attention than the traditional program.

RECOMMENDATION

Based upon the foregoing Findings of Fact and Conclusions of Law, it is, RECOMMENDED that a Final Order be entered assigning Respondent Samuel

David Sorrells to the educational alternative program at Jan Mann Opportunity School-North until such time as his performance reveals that he can be returned to the regular school program.

DONE and RECOMMENDED this 9th day of September, 1986, at Tallahassee, Florida.

LINDA M. RIGOT, 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 9th day of September, 1986.

COPIES FURNISHED:

Leonard Britton, Superintendent School Board of Dade County 1410 Northeast Second Avenue Miami, Florida 33132

Phyllis O. Douglas Assistant Board Attorney Dade County Public Schools

1410 Northeast Second Avenue Miami, Florida 33132

Frank R. Harder, Esquire

Twin Oaks Building, Suite 100 2780 Galloway Road

Miami, Florida 33165

Patricia Sorrells Simpson 1321 Biarritz Drive

Miami Beach, Florida 33184

Docket for Case No: 86-001508

Orders for Case No: 86-001508