Judges: LINDA M. RIGOT
Agency: County School Boards
Latest Update: Mar. 30, 1988
Summary: Disruptive student with failing grades whose behavior interferred with his own learning and that of others meets criteria for opportunity school program
88-0266.PDFSTATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
SCHOOL BOARD OF DADE COUNTY, )
)
Petitioner, )
)
vs. ) CASE NO. 88-0266
)
WILLIAM DE LA TORRE, )
)
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 3, 1988, in Miami, Florida.
Petitioner School Board of Dade County was represented by Frank R. Harder, Esquire, Miami, Florida; and Respondent William De La Torre and his parents did not appear and were not represented.
Petitioner advised Respondent that he was being administratively assigned to J. R. E. Lee, an opportunity school program, and his parents requested a formal hearing on that reassignment. Accordingly, the issue for determination is whether Respondent should be administratively assigned to J. R. E. Lee.
Petitioner presented the testimony of Bob Scurlock, Maria Perez, Jorge Sotolongo, and Christina Gonzalez. Additionally, Petitioner's Exhibits numbered 1-5 were admitted in evidence.
FINDINGS OF FACT
During the 1986-87 school year Respondent William De La Torre was a student in the seventh grade at West Miami Junior High School.
On September 25, 1986, a Student Case Management Referral Form was processed regarding Respondent due to his excessive number of absences.
On January 22, 1987, another Student Case Management Referral Form was processed by Respondent's reading teacher due to Respondent's excessive tardiness, refusal to serve detentions, being very disrespectful to the teacher, and screaming, talking, and playing during class. It was noted on the form that the only time that Respondent behaves is when he is serving an indoor suspension. In that structured environment, Respondent does his work well. Respondent's mother was contacted regarding his behavior.
On April 8, 1987, another Student Case Management Referral Form was processed by Respondent's reading teacher because Respondent refused to stay in his seat. Respondent had also brought "dirty pictures" to class that day and was disrupting the class by showing them to the other students and attempting to show them to the teacher.
On April 22, 1987, Respondent's math teacher processed a Student Case Management Referral Form regarding Respondent's behavior. Although Respondent was absent from his math class most of the time, when he was present he was continuously disruptive to the extent that the teacher could not teach the other students. The teacher noted on the form that Respondent worked better in a more structured environment than when he was in a normal classroom settings.
On September 8, 1987, Respondent and three other boys were brought to the school by a police officer who had encountered them at the Midway Mall Shopping Center during school hours. A Student Case Management Referral Form was processed due to Respondent's cutting classes on that day. After he was returned to the school by the police officer Respondent cut class that afternoon. A second Student Case Management Referral Form was executed, and Respondent was given an indoor suspension. By that date, Respondent had been absent three days out of the eight days in that school year.
On September 9, 1987, Respondent cut class again and was given a two- day indoor suspension.
On September 15, 1987, a conference was held with Respondent and his mother at which time a transfer to the opportunity school was discussed.
On September 28, 1987, Respondent again cut class. He was placed on "work assignment" which included him spending a day with the school custodian raking leaves and cleaning up in the cafeteria.
On October 21, 1987, Respondent again skipped class. He returned to class on the 22nd and was given a two-day in-door suspension after which he left the classroom and did not return.
On October 30, 1987, Respondent was seen exiting a vehicle outside the school but he never reported to class.
On November 20, 1987, Respondent was seen by a school volunteer using the telephone during class hours without permission. When the volunteer asked him why, Respondent was extremely rude and called the volunteer unflattering names. Respondent's mother was summoned to come to the school to pick up Respondent and take him home for the rest of the day.
During the 1986-87 school year Respondent was absent from his math class a total of 55 days. His final grades for the 1986-87 school year consisted of three "Ds" and five "Fs". His effort grades were primarily "3s".
Meetings have been held with Respondent's mother during the 1986-87 and 1987-88 school years regarding Respondent's excessive tardiness and excessive absences, to no avail. Individual counseling and dropout counseling have been attempted in an effort to try to find an incentive to get Respondent to stay in school, to no avail. Respondent has been identified as a potential dropout due to his excessive absences and tardiness and due to his repeating the seventh grade during the 1987-88 school year. Respondent's pattern is clear: he frequently cuts class; when he does appear, he disrupts the class and refuses to work in class; the only environment in which Respondent will work is a highly structured environment since he only works when he is serving an indoor suspension.
A Child Study Team was convened and met on December 2, 1987. Respondent and his parents failed to attend that meeting. The team recommended that Respondent be transferred to an opportunity school due to Respondent's need for a more structured environment and Respondent's need for more attention than a traditional school can provide.
CONCLUSIONS OF LAW
The Division of Administrative Hearings has jurisdiction over the subject matter and the parties hereto. Section 120.57(1), Florida Statutes.
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.
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:
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:
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
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 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 William De
La Torre to the opportunity school program at J. R. E. Lee until such time as his performance reveals that he can be returned to the regular school program.
DONE and RECOMMENDED this 30th 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 30th 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
Mr. & Mrs. Roberto De La Torre 9370 West Flagler Street, Unit 110
Miami, Florida 33174
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: 88-000266
Orders for Case No: 88-000266
| Issue Date |
Document |
Summary |
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Apr. 27, 1988 |
Agency Final Order
|
|
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Mar. 30, 1988 |
Recommended Order
|
Disruptive student with failing grades whose behavior interferred with his own learning and that of others meets criteria for opportunity school program
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