STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

SCHOOL BOARD OF DADE COUNTY, )

)

Petitioner, )

)

vs. ) CASE NO. 89-6298

)

GLADYS JIMINEZ on behalf of ) JUAN JIMINEZ, )

)

Respondents. )

)

RECOMMENDED ORDER

This matter was heard by William R. Dorsey, Jr., the Hearing Officer assigned by the Division of Administrative Hearings, in Miami, Florida, on February 16, 1990.

APPEARANCES

For Petitioner: Frank R. Harder, Esquire

2780 Galloway Road Suite 100 Twin Oaks Building

Miami, Florida 33165

For Respondent: Gladys Jiminez, pro se

1512 Northwest 25th Avenue Miami, Florida 33125

STATEMENT OF THE ISSUE

The issue is whether Juan Jiminez should be assigned to J.R.E. Lee Opportunity School-South?

PRELIMINARY STATEMENT

This matter was initiated when the School Board of Dade County sent a letter to the parents of Juan Jiminez on October 18, 1989, assigning him to the

1. Lee Opportunity School- South, a program of alternative education, because of Juan's disruptive behavior and failure to adjust to the regu1ar school program. Juan had been attending the Citrus Grove Middle School. Ms. Jiminez requested a hearing on October 24, 1989, and the matter was forwarded to the Division of Administrative Hearings on November 17, 1989. The school board introduced five exhibits at the hearing. Jane Liberman, Sonia Alcazar, Maria C. Amaro, and Reginald T. Dexter testified on behalf of the School board. Neither party chose to file proposed findings of fact and conclusions of law.

   
   

   FINDINGS OF FACT

   
   

   1. Juan is an 8th grade student at the Citrus Grove Middle School in Dade County, Florida. According to the school records, Juan has been involved in a

      number of instances of misconduct. On January 12, 1988, he received a referral to the school office for generally disruptive conduct, defiance of school authority, and excessive tardiness. On January 14, 1988, he received another referral for general disruptive conduct, and received in-school suspension. On March 9, 1988, he was involved in a fight, was suspended from the school grounds, and a letter concerning the matter was written to his parents. After he returned to school, on March 21, 1988, he again received a referral for disruptive behavior, followed by another suspension on April 18, 1988, for generally disruptive conduct and defiance of school authority, for which he received an in-school suspension. On May 2, 1988, he received a referral for cutting classes, which resulted in a conference with his parents. He received another referral on May 6, 1988, for general disruptive conduct and excessive tardiness, for which he received an in-school suspension.

      
      

   2. As the result of his poor performance during the 1987-88 school year, at the beginning of the 1988-9 school year in September of 1988, Juan was selected for participation in a drop-out prevention program, known in the Dade County schools as the Student At Risk Program (SARP). As a result of, the referral, a multi-disciplinary child study team considered his record. It was recommended to Juan's mother that Juan be placed in an opportunity school, but she resisted the suggestion, and the school's administrators agreed to continue the placement at Citrus Grove Middle School while Juan participated in the SARP program. In that program, Juan would be in small classes (usually 18-20) students in order to provide him additional attention. The school and the parents have been working, to some extent, at cross purposes. The parents regard Juan as a good child because he was not a gang member. The school was not concerned because they thought Juan was a member of a gang, but because of his disinterest in his subjects, and his cutting classes, being tardy, or acting out in class which inhibited not only his learning, but that of other students in the class.

      
      

   3. Even in the SARP program, Juan's situation did not improve a great deal. On November 15, 1988, he received another disciplinary referral for general disruptive conduct, for which he received a reprimand. On November 23, 1988 he received another referral for fighting, and he was suspended from the school grounds.

      
      

   4. On January 25, 1989, he received a referral to the administration from his reading teacher in the drop-out prevention program, Ms. Jane Liberman. Juan and two friends had come in late, been disruptive in class, and disturbed other students. He was reprimanded and given detention.

      
      

   5. Juan's excessive absences resulted in a home visit by W. Chester on March 8, 1989. The school administrators hoped for behavioral improvement following the visit, but Juan's behavior did not improve. Juan received at least three more disciplinary referrals that year for disruptive conduct, defiance of school authority, and for cutting class.

      
      

   6. Juan's disruptive behavior continued in the 1989-90 school year. On September 21, 1989, he received a disciplinary referral from Ms. Sonia Alcazar, his math teacher, for arriving late, being disruptive in class, using foul language, and making fun of the teacher. September 21, 1989, was only his fourth day in math class. He had come to school on September 5, 1989, but then had cut class until September 19, 1989. He attended on the 19th, 20th, and 21st, when the disciplinary referral occurred.

   7. Juan needs the increased structure and discipline that is available for students disinterested in education and which is offered at an opportunity school. That program should assist him academically. His current pattern of conduct is a substantial disruption which inhibits other students in his classes at Citrus Grove Middle School from taking advantage of instruction.

      
      

      CONCLUSIONS OF LAW

      
      

   8. The Division of Administrative hearings has jurisdiction over this matter. Sections 120.57(1) and 230.2316(8), Florida Statutes.

      
      

   9. The Drop-out Prevention Act, Section 230.2316, Florida Statutes, was enacted by the Legislature to create, programs to identify and motivate students who are likely to drop out of educational programs. One means to achieve the goal is the establishment of educational alternative which differ from traditional schools in scheduling, administrative structure, philosophy, curriculum, setting, and the use of alternative teaching methodologies. Section 230.2316(4)(a), Florida Statutes. The SARP program is an example of this, but Juan's referral to the program failed to achieve the result the school and parents had hoped to achieve. Another alternative program available under the Drop-out Prevention Act is a disciplinary program. Section 230.2316(4)(d), Florida Statutes. These are programs designed for students with a history of disruptive behavior, which interferes with the student's own learning and the education of others, who require attention and assistance beyond that available and traditional programs. The program at J.R.E. Lee Opportunity School-South will provide additional structure, which will assist Juan in his behavior, and hopefully enhance his academic performance. Juan's record at school is such that his assignment to the drop-out prevention program at J.R.E. Lee Opportunity School-South is appropriate. If Juan successfully completes that program, he may be transferred back to an ordinary school program. The opportunity school is specifically designed not to be a permanent placement.

RECOMMENDATION

Based upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the assignment of Juan Jiminez to the J.R.E. Lee

Opportunity School-South be upheld.

DONE AND ENTERED in Tallahassee, Leon County, Florida, this 23rd day of March, 1990.

WILLIAM R. DORSEY, JR.

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 23rd day of March, 1990.

COPIES FURNISHED:

Frank R. Harder, Esquire

2780 Galloway Road, Suite 100 Twin Oaks Building

Miami, Florida 33165

Gladys Jiminez

1512 Northwest 25th Avenue Miami, Florida 33125

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

School Board Administration Building 1450 Northeast Second Avenue

Miami, Florida 33132

Honorable Betty Castor Commissioner of Education Department of Education The Capitol

Tallahassee, Florida 32399-0400

Sydney H. McKenzie, General Counsel Department of Education

The Capitol, PL-08

Tallahassee, Florida 32399-0400

Docket for Case No: 89-006298

Orders for Case No: 89-006298