STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

SCHOOL BOARD OF DADE COUNTY, )

)

Petitioner, )

)

vs. ) CASE NO. 87-1453

)

JOSE ANTONIO BLANCO, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice, a final hearing in the above-styled matter was held on September 15, 1987, at Miami, Florida, before Joyous Parrish, a duly designated Hearing Officer of the Division of Administrative Hearings. The parties were represented at the hearing as follows:

APPEARANCES

For Petitioner: Jaime Claudio Bovell

370 Minorca Avenue

Coral Gables, Florida 331314

For Respondent: Mrs. Bertha Blanco

(respondent's mother) 4335 West 114 Lane

Hialeah, Florida 33012 BACKGROUND AND PROCEDURAL MATTERS

On March 9, 1987, the Petitioner advised the Respondent's father, Jose Blanco, that the student, Jose Antonio Blanco, had been administratively assigned to Jan 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 March 19, 1987, the Respondent's father requested a formal hearing on this assignment, and the case was forwarded to the Division of Administrative hearings for formal proceedings.

At the final hearing, Petitioner presented the testimony of the following witnesses: Eva Alvarado, Valdez Murray, Alicia Robles, and Barry Jones; all of whom are employed at Palm Springs Junior High School. In addition, Petitioner's exhibits 1 through 10 were admitted into evidence. The Respondent was not present. Mrs. Blanco testified in her son's behalf.

No transcript was made of the proceedings. After the hearing, Petitioner filed a Proposed Recommended Order which has been considered in the preparation of this Recommended Order. Rulings on Petitioner's proposed findings of fact are included in the Appendix attached. Respondent's mother filed a letter on October 5, 1987, which did not contain proposed findings of fact. Accordingly, no ruling is made in the Appendix on Respondent's submittal.

ISSUE

The central issue in this cause is whether the Respondent, Jose Antonio Blanco, 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 1986-87 academic year, Respondent attended Palm Springs Junior High School in Dade County, Florida.

   
   

2. Respondent (date of birth: 11-13-72) was enrolled in the seventh grade and was administratively assigned to Jan Mann Opportunity School-North on March 9, 1987, due to his alleged disruptive behavior and failure to adjust to the regular school program.

   
   

3. Respondent's grades for the 1986-87 school year, the first grading periods, were as follows:

   
   

   COURSE ACADEMIC EFFORT CONDUCT GRADE

   
   

   Mathematics 1st F 3 F

   2d F 3 F

   Physical 1st F 3 F

   Education 2d F 3 F

   Industrial 1st F 3 F

   Arts 2d F 3 F Education

   Language 1st F 3 F

   Arts 2d F 3 F

   Social 1st F 3 F

   Studies 2d F 3 F

   Science 1st F 3 F

   2d F 3 F

   
   

   SYMBOLS:	GRADE	"F"	UNSATISFACTORY
   	EFFORT	"3"	INSUFFICIENT
   	CONDUCT	"F"	UNSATISFACTORY

   
   

4. Respondent did not enroll at the opportunity school and did not attend classes. Instead, Respondent's mother enrolled the student in a private school. His conduct has improved but his grades and academic progress are still below level.

   
   

5. When a student is disruptive or misbehaves in some manner, a teacher or other staff member at Palm Springs 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 to report behavior problems. During the first two grading periods of the 1986-87 school year, Respondent caused 16 Student Case Management Referral Forms to be written regarding his misbehavior. All

   incidents of his misbehavior were not reported. A synopsis of Respondent's Student Case Management Referral Forms is attached and made a part hereof.

   
   

6. Eva Alvarado is a science teacher in whose class Respondent was enrolled. While in Ms. Alvarado's class, Respondent was persistently disruptive. Respondent refused to do homework and in-class assignments. Respondent was unprepared 90 percent of the time and would disturb the class with loud talking. During lectures Respondent would attempt to talk to other students and ignore Ms. Alvarado's instructions. Ms. Alvarado tried to correct the situation by sending notices to Respondent's parents, but little improvement was made.

   
   

7. Valdez Murray is a social studies teacher in whose class Respondent was enrolled. While in Mrs. Murray's class Respondent was persistently tardy. Respondent refused to complete homework and in-class assignments. Mrs. Murray contacted Respondent's mother, but the student's work and conduct did not improve. Respondent talked in a loud voice to interrupt class. On one occasion, Respondent walked out of the class without permission and on two other occasions Respondent fell asleep at his desk. Respondent made a practice of talking to others who were trying to do their work, and would laugh at Mrs. Murray's efforts to control the situation. Mrs. Murray would instruct the class to ignore Respondent's noise making activities.

   
   

8. Mrs. Alicia Robles is an English teacher in whose class Respondent was enrolled. While in Mrs. Robles' class Respondent refused to perform any work assignments, including in-class oral work. Respondent would instead throw paper darts to the ceiling. Respondent tried to keep other students from working and would interrupt lectures. According to Mrs. Robles, Respondent played with the wires on his braces to create a reason he could be excused from class.

   
   

9. Barry Jones is a physical education teacher in whose class Respondent was enrolled. Respondent refused to dress out and participate with the class. Despite Mr. Jones' effort to notify both Respondent and his parents of the problem, no change in conduct or performance was made.

   
   

10. Mrs. Blanco acknowledged that her son has a behavior problem, but believes if given another chance his conduct would improve. During the time he has attended private school his conduct has improved tremendously. Although Respondent has not caught up academically, Mrs. Blanco believes he is ready to return to the regular school program.

    
    

    CONCLUSIONS OF LAW

    
    

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

    
    

12. 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(14), Florida Statutes, a student bay 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- 1.9914(2), Florida Administrative Code 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.

       
       

       Respondent meets the criteria to qualify as a student who is disruptive and/or unsuccessful or disinterested, as defined in Rule 6A-1.08814, Florida Administrative Code. The Respondent habitually engaged in disruptive conduct requiring the interruption of classroom lessons. Despite the efforts of school personnel, including contact with Respondent's parent to modify his attitude and improve his behavior, Respondent continued to interfere with the proper functioning of teachers and the education of other students.

       
       

13. Respondent showed unsatisfactory academic progress and the effort to provide assistance was either rejected or ineffective. 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. However , since Respondent's conduct has improved while attending private school, it would

be appropriate to evaluate the private school records when assessing Respondent's eligibility to return to the regular school 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 Jan Mann Opportunity School-North.

DONE and ORDERED this 8th day of October, 1987, in Tallahassee, Florida.

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 8th day of October, 1987.

SYNOPSIS OF STUDENT CASE MANAGEMENT REFERRAL FORMS DATE INCIDENT DISCIPLINE

APPENDIX TO RECOMMENDED ORDER, CASE NO. 87-1453

Rulings on Petitioner's Proposed Findings of Fact:

1. Paragraph 1 is accepted in Findings of Fact paragraphs 1 and 2.

2. Paragraph 2 is accepted in Finding of Fact paragraph 3. The only "D" Respondent received, however, was an exam grade. The grading period was "F."

3. Paragraphs 3 and 4 are accepted in relevant part in Finding of Fact paragraph 6.

4. Paragraph 5 is accepted in relevant part in Finding of Fact paragraph 9 and the Synopsis attached.

5. Paragraphs 6 and 7 are accepted. See Finding of Fact paragraph 7.

6. Paragraph 8 is accepted. See Finding of Fact paragraph 8.

7. Paragraph 9 is rejected as unnecessary, argumentative.

8. Paragraph 10 is accepted. See Finding of Fact paragraph 5 and the Synopsis.

9. Paragraph 11 is accepted.

COPIES FURNISHED:

Jaime Claudio Bovell, Esquire

370 Minorca Avenue

Coral Gables, Florida 3313

Madelyn P. Schere, Esquire Assistant School Board Attorney Board Administration Building 11450 Northeast Second Avenue Miami, Florida 33132

Mrs. Bertha Blanco 14535 West 114 Lane

Hialeah, Florida 33012

Dr. Leonard Britton Superintendent of Schools Dade County Public Schools Board Administration Building 11450 Northeast Second Avenue Miami, Florida 33132

Docket for Case No: 87-001453

Orders for Case No: 87-001453