STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

SCHOOL BOARD OF DADE COUNTY, )

)

Petitioner, )

)

vs. ) CASE NO. 87-5594

)

LANA STEPHENS o/b/o )

GREGORY HUNTER STEPHENS, )

)

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 March 2, 1988, in Miami, Florida.

Petitioner School Board of Dade County was represented by Frank R. Harder, Esquire, Miami, Florida; and Respondent Gregory Hunter Stephens and his parents did not appear and were not represented.

Petitioner advised Respondent that he was being administratively assigned to Douglas MacArthur Senior High School-South, an opportunity school program, and his mother Lana Stephens requested a formal hearing on that reassignment. Accordingly, the issue for determination is whether Respondent should be administratively assigned to Douglas MacArthur Senior High School-South.

Petitioner presented the testimony of Robert Snyder, Dennis Davis, Nancy Timmerman, David Hussin, and Angela P. Fernandez. Additionally, Petitioner's Exhibits numbered 1-5 were admitted in evidence.

FINDINGS OF FACT

1. During the 1985-86 school year Respondent Gregory Hunter Stephens was a student in the tenth grade at Miami Sunset Senior High School.

   
   

2. On April 18, 1986, during the lunch period Respondent drove into the faculty parking lot in his Corvette with the police following closely behind. It was determined that during his lunch break Respondent had been driving his Corvette in a nearby condominium development threatening residents and throwing beer cans on the lawns. The residents had summoned the police. An Assistant

   Principal held a conference with Respondent's father whose response was that the police should have better things to do than to bother his son for drinking beer and driving around during his lunch break. Respondent was given a three-day suspension.

   
   

3. On May 22, 1986, Respondent got into a fight in class, a Group III violation of the Code of Student Conduct. A conference was held with Respondent's father, and Respondent was given a ten-day suspension.

4. Although other informal discussions were held with Respondent's father during that school year, by the end of the third grading period Respondent's grades were one "C," one "D," and 4 "Fs." His absences from his classes during the third grading period alone ranged between 2 and 13. He received only a "3" for his effort in each and every class.

   
   

5. During the 1985-86 school year, Respondent was absent 95 days out of the 180-day school year.

   
   

6. On March 3, 1987, an Assistant Principal observed Respondent leaving the campus during Respondent's second-period class. He stopped Respondent and gave him a warning. A few minutes later he caught Respondent again attempting to leave. Respondent's mother was contacted, and Respondent was given a "work detail detention."

   
   

7. On April 2, 1987, a fight broke out off campus between a group of Latin students and a group of Anglo students. On the following day Respondent admitted to an Assistant Principal that he was one of the participants. All of the students involved (including Respondent) were suspended for three days for that Group III Code violation.

   
   

8. On October 19, 1987, Respondent was nearly involved in a collision in the parking lot. Respondent got out of his car and started pushing the other driver. A fight ensued. Respondent's parents were contacted, and he was given a ten-day suspension.

   
   

9. By the time of the October 19th incident, Respondent had already been absent 6 days that school year. Further, although the Assistant Principal had two conferences with Respondent's father during the month of October, Respondent was receiving one "C," one "D," and five "Fs" in his classes.

   
   

10. A Child Study Team was convened, and a meeting was held on November 3, 1987. Respondent and his parents refused to attend. The Team recommended that Respondent be transferred to Douglas MacArthur Senior High School-South, based upon the October 19, 1987, incident, his failing grades during the most-recent two years, and Respondent's chronic aggressive behavior which constituted a threat to the welfare of the other students. It was determined that Respondent required assistance a normal school could not provide and that a structured environment would be more appropriate since the educators at Miami Sunset Senior High School had unsuccessfully attempted to modify Respondent's behavior by conferences between Respondent and a counselor, meetings between Respondent's parents and assistant principals, indoor suspensions, outdoor suspensions, and work detail suspensions

    
    

    CONCLUSIONS OF LAW

    
    

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

    
    

12. Petitioner's correspondence in this cause indicates that Petitioner is relying on section 230.2315, Florida Statutes. However, that statute was repealed effective August 15, 1987.

    
    

13. Section 230.2316, Florida Statutes, is entitled the Dropout Prevention Act," and provides that school districts may establish Special programs which are subject to prior approval by the Commissioner of Education and which are subject to rules adopted by the State Board of Education. One of those types of

    programs--educational alternative programs--are similar to the educational alternative programs previously allowed by section 230.2315, Florida Statutes, but are now voluntary programs only. Section 230.2316(4)(d), Florida Statutes, allows for the establishment, after approval has been properly obtained, of disciplinary programs for students meeting the following criteria:

    
    

    1. The student has a history of disruptive behavior in school or has committed an offense which warrants suspension or expulsion from school according to the district code of student conduct. For the purposes of this program, `disruptive behavior' is behavior which:

       1. 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 results 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

       2. Severely threatens the general welfare of students or others with whom the student comes into contact.

Petitioner has met its burden of proving that Respondent has a history of disruptive behavior and has committed offenses which warrant suspension or expulsion from school and that Respondent is in need of an educational program which can better fulfill his need 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 Gregory

Hunter Stephens to the opportunity school program at Douglas MacArthur Senior High School-South until such time as his performance reveals that he can be returned to the regular school program.

DONE and RECOMMENDED this 29th day of March, 1988, at Tallahassee, Florida.

LINDA M. RIGOT, 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 29th day of March, 1988.

COPIES FURNISHED:

JOSEPH A. FERNANDEZ, SUPERINTENDENT SCHOOL BOARD OF DADE COUNTY

1410 NORTHEAST SECOND AVENUE MIAMI, FLORIDA 33132

FRANK R. HARDER, ESQUIRE

175 FONTAINEBLEAU BOULEVARD SUITE 2A-3

MIAMI, FLORIDA 33172

LANA STEPHENS

15490 S.W. 85TH LANE MIAMI, FLORIDA 33183

MADELYN P. SCHERE, ESQUIRE ASSISTANT BOARD ATTORNEY DADE COUNTY PUBLIC SCHOOLS 1410 NORTHEAST SECOND AVENUE MIAMI, FLORIDA 33132

PHYLLIS O. DOUGLAS, ESQUIRE ASSISTANT BOARD ATTORNEY DADE COUNTY PUBLIC SCHOOLS 1410 NORTHEAST SECOND AVENUE MIAMI, FLORIDA 33132

Docket for Case No: 87-005594

Orders for Case No: 87-005594