STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

SCHOOL BOARD OF DADE COUNTY, )

)

Petitioner, )

)

vs. ) CASE NO. 89-1305

)

ERIK WILSON, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to Notice, this cause was heard by Linda M. Rigot, the assigned Hearing Officer from the Division of Administrative Hearings, on May 16, 1989, in Miami, Florida.

APPEARANCES

For Petitioner: Jamie C. Bovell, Esquire

370 Minorca Avenue

Coral Gables, Florida 33134

For Respondent: Mrs. Willie Mae Wilson

17520 Homestead Avenue

Perrine, Florida 33157 PRELIMINARY STATEMENT

By letter dated February 16, 1989, Petitioner School Board of Dade County advised the mother of Respondent Erik Wilson that Respondent was being administratively re-assigned to the opportunity school program, and Respondent's mother timely requested a formal hearing on that determination. Accordingly, the issue for determination herein is whether Respondent should be administratively re-assigned to the Youth Opportunity School-South.

Petitioner presented the testimony of Isabelle Norton, Richard C. Altman and Kenneth S. Cooper. Additionally, Petitioner's Exhibits numbered 1-5 were admitted in evidence.

The Respondent and his mother Willie Mae Wilson did not appear for the final hearing until just before Petitioner rested its case in-chief. Respondent presented no evidence.

Petitioner submitted posthearing proposed findings of fact in the form of a proposed recommended order. Petitioner's proposed findings of fact numbered 1-9 have been adopted either verbatim or in substance in this Recommended Order.

FINDINGS OF FACT

1. During the 1988-1989 school year, Respondent was a student in the eighth grade at Southwood Middle School a/k/a Southwood Junior High School.

   
   

2. Respondent was a student in the Industrial Arts class of Richard C. Altman during the 1987-1988 school year. While in that class Respondent repeatedly engaged in conduct which defied the authority of Mr. Altman, interfered with other students learning, and compromised the safety of the other students in the class. On several occasions he turned on dangerous machinery without authorization, without wearing goggles as required, and in defiance of Mr. Altman's instructions. Frequently he engaged in conduct that would call attention to himself and distract other students from their work. Some of Respondent's conduct included throwing objects in class, thereby posing a danger to other students. On many occasions Mr. Altman discussed Respondent's behavior with him; however, Respondent would continue demonstrating a "nasty" temper, defiance, and lack of respect.

   
   

3. In addition, Respondent was often late to class and simply refused to participate in productive class work. Consequently, he was unable to derive any benefit from the learning experience available to him in Mr. Altman's class. Because of his frequent disruptions, he also precluded other students from learning.

   
   

4. Mrs. Isabelle Norton had Respondent as a student in her history class during the 1988/1989 school year. In that class he did not turn in any of his homework assignments, never brought material to class, and was never prepared when he came to class which was infrequent. He did very little class work and usually engaged in talking and distracting the class from the normal class work. When his talking became a problem, Mrs. Norton moved Respondent to the back of the class where he then would place his head on a table and sleep. In one instance when Mrs. Norton confronted Respondent about his disruptive behavior, he indicated that he was going to "punch her." As a result of Respondent's defiance, poor performance, and disruptive conduct, he received an "F3F," which constitutes a failing academic and conduct grade and the lowest rating for effort. Ultimately, Respondent was removed from Mrs. Norton's class with the result that the educational process in her class improved.

   
   

5. It is the practice at Southwood Junior High School for teachers and school administrators to submit reports relative to troublesome student behavior. Such reports are prepared on forms called Student Case Management Referral Forms and are generally reserved for serious behavior problems. Mr. Altman and Mrs. Norton each issued Student Case Management Referral Forms on Respondent regarding his disruptive behavior in the classroom, tardiness, excessive talking, safety violations and teacher defiance.

   
   

6. Respondent also received Student Case Management Referral Forms from other teachers relating similar disruptive conduct. In one of these incidents Respondent and another student were throwing rocks at a school bus. As a result of this activity, a female student passenger was struck on the head, causing a laceration and requiring her to receive surgical stitches. Respondent faced expulsion from school for that conduct.

   
   

7. In an attempt to focus Respondent's attention on his need to improve his behavior, Kenneth S. Cooper, the assistant principal, together with other teachers and counselors, tried numerous techniques to help Respondent. One technique tried with Respondent was to get him to enroll in a crime prevention

   program at the Optimist School. Notwithstanding all these efforts, including many student and parent conferences, warnings and suspensions, a positive change in Respondent's behavior was not achieved.

   
   

8. At Southwood Junior High School, like other schools within the regular school program, the average number of students in a classroom is about thirty- five. Such schools are not geared to address peculiar student needs nor provide individual students with continuous special attention. On the other hand, opportunity schools have a ratio of teachers to students of about 9 to 1. At opportunity schools, students are the subject of individualized educational plans, and there are more counselors on staff, including a psychologist.

   
   

9. The opinion of the teachers and administrators who dealt with and had conferences regarding Respondent is that the more structured environment of an opportunity school would be better for him and that permitting Respondent to remain in a regular school program would be of no benefit to him inasmuch as he is not making any progress.

   
   

10. Due to Respondent's poor grades and unacceptable conduct, a child study team conference between teachers and an administrator was held to discuss Respondent's lack of progress. At that conference it was decided to administratively assign Respondent to an opportunity school.

    
    

    CONCLUSIONS OF LAW

    
    

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

    
    

12. Sections 230.2316, Florida Statutes, is entitled the Dropout Prevention Act and provides for a number of programs alternate to the traditional or regular school program for students meeting the criteria of that Section. Subsection (4)(d) allows for the establishment of disciplinary programs such as the Youth Opportunity School-South 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.

13. 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 Erik Wilson

to the Youth Opportunity School-South until such time as his performance reveals that he can be returned to the regular school program.

DONE AND ENTERED this 18th day of July, 1989, in Tallahassee, Leon County, Florida.

LINDA M. RIGOT

Hearing Officer

Division of Administrative Hearings The DeSoto Building

1230 Apalachee Parkway

Tallahassee, Florida 32399-1550

(904) 488-9675

Filed with the Clerk of the Division of Administrative Hearings this 18th day of July, 1989.

COPIES FURNISHED:

Madelyn P. Schere, Esquire

School Board Administration Building 1450 Northeast Second Avenue

Miami, FL 33132

Dr. Joseph A. Fernandez Superintendent of Schools Dade County Public Schools

School Board Administration Building 1450 Northeast Second Avenue

Miami, FL 33132

Frank A. Howard, Jr., Esquire Board Attorney

Dade County Public Schools

School Board Administration Building 1450 Northeast Second Avenue

Miami, FL 33132

Jamie C. Bovell, Esquire

370 Minorca Avenue Coral Gables, FL 33134

Mrs. Willie Mae Wilson 17520 Homestead Avenue

Perrine, FL 33157

Docket for Case No: 89-001305

Orders for Case No: 89-001305