STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

SCHOOL BOARD OF DADE COUNTY, )

)

Petitioner, )

)

vs. ) CASE NO. 87-0637

)

JEREMIAH EVERETT, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice, a final hearing in the above-styled matter was held on May 21, 1987, in Miami, Florida, before Joyous D. Parrish, a duly designated Hearing Officer of the Division of Administrative Hearings. The parties were represented at the hearing as follows:

APPEARANCES

For Petitioner: Frank R. Harder, Esquire

8360 West Flagler Street, Suite 205

Miami, Florida 33144 For Respondent: (no appearance)

BACKGROUND AND PROCEDURAL MATTERS

On January 27, 1987, the Petitioner advised the Respondent's mother that the Respondent had been administratively assigned to the Jann Mann Opportunity School-North, in accordance with a recommendation of the principal and the screening committee of the Department of Alternative Education Placement. By request dated February 5, 1987, the Respondent's mother, Retha Everett, requested a formal hearing on this assignment, and the matter was forwarded to the Division of Administrative Hearings for further proceedings.

At the final hearing, Petitioner presented the testimony of the following witnesses, all personnel of Thomas Jefferson Junior High School: K. Krasno, teacher; D. Borowsky, teacher; and M. Bonny, assistant principal. In addition, Petitioner's Exhibits 1 through 4 were admitted into evidence.

After the hearing, Petitioner waived its right to file a proposed recommended order.

ISSUE

The central issue in this case is whether the Respondent, Jeremiah Everett, should be placed in the Dade County School Board's opportunity school program due to his alleged disruptive behavior and failure to adjust to the regular school program.

FINDINGS OF FACT

Based upon the testimony of the witnesses and the documentary evidence received at the hearing, I make the following findings of fact:

1. During the 1985-86 and 1986-87 academic years, the Respondent attended Thomas Jefferson Junior High School.

   
   

2. During the 1985-86 academic year, the Respondent received grades which indicated a failing mark for the total grading period. Consequently, the Respondent was held back for the 1986-87 academic year and remained in the seventh grade until January 27, 1987, at which time the student was assigned to the Jann Mann Opportunity School-North.

   
   

3. When a student is disruptive or misbehaves in some manner, a teacher or other staff member at Thomas Jefferson Junior High School may submit a report of the incident to the office. These reports are called Student Case Management Referral forms and are used for behavior problems. During the period of October 8, 1985 through January 20, 1987, the Respondent caused 38 Student Case Management Referral forms to be written regarding his misbehavior. A synopsis of these Student Case Management Referral forms is attached hereto and made a part hereof.

   
   

4. K. Krasno is an art teacher in whose class the Respondent was enrolled at Thomas Jefferson Junior High School. While in Ms. Krasno's Class, the Respondent was persistently disruptive, ignored her instructions and authority, and was not prepared for class. On one occasion, the Respondent was involved in a fight. It was not uncommon for the Respondent to walk out of class and refuse to perform assignments as directed. Moreover, the Respondent was persistently tardy to Ms. Krasno's class and refused to give information when requested.

   
   

5. D. Borowsky is an instructor at Thomas Jefferson Junior High School. Mr. Borowsky is in charge of the school center for special instruction (SCSI), which is the in-school detention center where problem students are referred. Designated students are to report to the SCSI classroom and are to complete their regular class assignments there. Because of his discipline record, the Respondent was routinely assigned to the SCSI class and on several occasions, Mr. Borowsky was caused to complete Student Case Management Referral forms for him. Mr. Borowsky completed approximately seven Student Case Management Referral forms for the Respondent because the Respondent would habitually run away from the SCSI class. He did so on several occasions by fleeing through a fire door or fire window in order to avoid after-school detention periods. According to Mr. Borowsky, the Respondent did not come to class prepared and did not complete assignments as required. Mr. Borowsky opined that the Respondent only came to school to "have fun."

   
   

6. M. Bonny is the assistant principal at Thomas Jefferson Junior High School. Mr. Bonny received the Student Case Management Referral forms that were submitted for the Respondent and had an opportunity to counsel him in an effort to improve his conduct. Additionally, Mr. Bonny received copies of the academic record as maintained by the school for the Respondent and attempted to contact the Respondent's mother with regard to progress made as it related to both his discipline and academic needs. On at least one occasion, Mr. Bonny had a conference with the Respondent's mother to discuss in-depth the behavior problems. The conference did not result in any changed behavior on the Respondent's part. Mr. Bonny recommended that the student be placed in the Jann Mann Opportunity School-North when the Respondent failed to improve or change

   his behavior or academic progress. Subsequent to his placement at the Opportunity School, the Respondent has received improved grades and conduct evaluations.

   
   

7. For the 1985-86 academic year, the Respondent received four F's, three C's and one D. At the time the Respondent withdrew from the Thomas Jefferson Junior High School, his academic grades were four F's, one C and one D.

   
   

   CONCLUSIONS OF LAW

   
   

8. The Division of Administrative Hearings has jurisdiction over the parties and the subject matter of these proceedings.

   
   

9. Education Alternative Programs have been established by the Legislature for students who are not successful in a regular school environment because of disruptive behavior and/or lack of interest or success. Pursuant to Section 230.2315(4), Florida Statutes, a student may be eligible for an Educational Alternative Program if the student is "disruptive, unsuccessful, or disinterested in the regular school environment as determined by grades, achievement test scores, referrals for suspension or other, disciplinary action, and rate of absences." The criteria for determining whether a student is eligible for placement in the alternative program is set forth in Rule 6A- 1.0994(2), F.A.C., which provides in relevant part as follows:

   
   

   Criteria for Eligibility. A student may be eligible for an educational alternative program if the student meets one or more of the criteria described 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;

      * * *

   2. Unsuccessful or Disinterested. A student who: (1) demonstrates a lack of sufficient involvement in the traditional school program to achieve success because interest, 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 Petitioner has met its burden of proving that Respondent meets the criteria to qualify as a student who is disruptive and/or unsuccessful or disinterested, as defined in Rule 6A-1.0994, F.A.C. The Respondent habitually engaged in disruptive conduct requiring the interruption of classroom lessons. He was rude and disrespectful to his teachers and persistently defied the authority of school personnel. Despite the efforts of teachers and other school personnel to modify Respondent's attitude and improve his behavior, he continued to interfere with the proper functioning of teachers and the education of other students. As a result, he was referred numerous times for in-school suspensions and other disciplinary action. Be showed unsatisfactory academic progress and the effort to provide assistance was either rejected or ineffective.

    
    

11. The Petitioner has met its burden of proving that Respondent is a disruptive, disinterested or unsuccessful student in a normal school environment. Accordingly, the assignment of Respondent to an alternative school was appropriate and in fulfillment of Petitioner's duty to offer him an Educational Alternative Program.

RECOMMENDATION

Based on the foregoing Findings of Fact and Conclusions of Law, it is recommended that Petitioner enter a Final Order affirming the assignment of Respondent to Jann Mann Opportunity School-North.

DONE AND RECOMMENDED this 2nd day of June, 1987, in Tallahassee, Leon County, Florida.

COPIES FURNISHED:

Frank R. Harder, Esquire 8360 West Flagler Street Suite 205

Miami, Florida 33144

Retha Everett

2150 Northwest 74th Street Miami, Florida 33147

Madelyn P. Schere, Esquire Dade County School Board 1450 Northeast Second Avenue Miami, Florida 33132

JOYOUS D. PARRISH

Hearing Officer

Division of Administrative Hearings The Oakland Building

2009 Apalachee Parkway

Tallahassee, Florida 32399-1550

(904) 488-9675

Filed with the Clerk of the Division of Administrative Hearings this 2nd day of June, 1987.

Dr. Leonard Britton Super intent

Dade County School Board 1450 Northeast Second Avenue Miami, Florida 33132

SYNOPSIS OF STUDENT CASE MANAGEMENT REFERRAL FORMS

JEREMIAH EVERETT

DATE INCIDENT DISCIPLINE

1. May 2, 1986 skipped P.E., went to three days - SCSI

   class not assigned

2. May 7, 1986 late for classes - one day detention

   missed one-half of time then enters, disrupting class

3. May 12, 1986 ran out of SCSI class - three days suspension

   fire door and skipped detention

4. May 19, 1986 fighting in class - one day - SCSI

skipped detention one day suspension 18. June 4, 1986 did not report to nine days - SCSI

SCSI - physically taken to class; left SCSI class; skipped detention

1. June 4, 1986 ran out fire door - three days suspension

   left SCSI

2. June 5, 1986 ran out fire door of one day suspension SCSI - came to school

   while on suspension ran in art class

3. June 12, 1986 talked throughout final assigned to SCSI

   exam to students in for remainder of class taking test - term

   disruptive

4. June 13, 1986 refused to go to SCSI

   skipped detention

5. July 21, 1986 dress code violation one day suspension disobeyed instructions

6. Aug. 4, 1986 refused to obey two day suspension

   instructions; defied authority of asst. principal in front of students; did not report to office

7. Sept. 8, 1986 disruptive in class; one day - SCSI

   ignored instructions; unprepared for class

8. Sept. 22, 1986 skipped detentions two detentions

9. Sept. 25, 1986 talking in class; two day suspension called teacher profane

   name; shouts at teacher

10. Sept. 25, 1986 fighting

11. Sept. 26, 1987 left SCSI class by one day - SCSI

    climbing out fire window

12. Oct. 8, 1986 disruptive, did not do detention

    assignments; skipped detentions

13. Oct. 23, 1986 fighting; refusing to one day suspension

    answer questions

14. Oct. 27, 1986 skipped detention one day - SCSI

15. Oct. 29, 1986 walked out of class one day suspension early; skipped detention

16. Nov. 20, 1986 struck student with one day - SCSI

    her pocketbook

17. Nov. 21, 1986 attempted parental

    conference

18. Dec. 3, 1986 persistently tardy; uses five days - SCSI

    profanity and is disruptive

19. Jan. 8, 1987 skipped detention one day - SCSI 38. Jan. 15, 1987 skipped art class one detention

In connection with the above-listed referrals, contact was attempted with the parent(s) on seventeen occasions.

Docket for Case No: 87-000637

Orders for Case No: 87-000637