STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

SCHOOL BOARD OF LEE COUNTY, ) FLORIDA, )

)

Petitioner, )

)

vs. ) CASE NO. 75-1945

)

BRUCE HARRIS, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice, the Division of Administrative Hearings, by its duly designated hearing officer, K. N. Ayers, held a public hearing in the above styled cause on December 17, 1975, in Ft. Myers, Florida.

APPEARANCES

For Petitioner: Harry Blair, Esquire School Board Post Office Box 1467

Fort Myers, Florida 33902

For Respondent: The Respondent was not present

By this Petition the Lee County School Administration seeks to expel Bruce Harris permanently from the schools of Lee County, Florida, for assaulting a teacher and disrupting his class. Respondent, and Respondent's parents were served with a copy of the petition by certified mail and they acknowledged receipt of same. Shortly prior to the hearing Mrs. Harris, the mother of Respondent, called the school and advised that she was unable to obtain a baby sitter and could not attend the hearing.

On November 5, 1975, while the principal-teacher at Edgewood Handicapped School was away for jury duty, the substitute teacher, Mrs. Nancy Cruz was in charge of the class. Edgewood Handicapped School is a school for incorrigible children in the elementary schools of Lee County. At the time of this incident there were only four students present with a teacher and a teacher's aide.

Around ten o'clock in the morning Respondent, Bruce Harris, decided he would not do any additional work. He broke and threw down his pencil, wadded up the paper he was working on and proceeded to disrupt the class. The teacher's aide who had been assisting him moved over to assist another pupil. The teacher, Mrs.

Cruz, tried to quiet the Respondent down and moved him to the other side of the room, but he continued to break pencils and disturb the other students. She then moved him to a chair near a blackboard which he was to face. While there he continued to turn around and disrupt the class.

Although these are grammar school pupils, they are incorrigible and in the classroom the teacher is provided with a plastic bat which can be used in an emergency to control a pupil, or to protect the teacher. In order to induce

Bruce to turn and face the blackboard as he was told to do Mrs. Cruz gently touched him on the leg with the bat to push his legs around toward the blackboard. When she did so he jumped up and grabbed a pair of scissors which were on a nearby table and lunged at Mrs. Cruz. Mrs. Cruz hit him with the bat; he backed off and lunged again. She hit him with the bat a second time. The teacher's aide went to the telephone to call the police, at which time Bruce resumed his seat but retained the scissors.

Bruce Harris was described as a small eleven year old, who moved very quickly and both the teacher and the teacher's aide had reason to fear for their safety while Bruce had control of the scissors. They did not attempt to take the scissors from him, nor did he attempt to use them again. The police took the scissors from him.

From the foregoing it is concluded that Respondent, Bruce Harris, did assault a teacher with a dangerous weapon, to wit a pair of scissors, and attempted to stab the teacher with those scissors. This is a serious offense and the type of conduct to which teachers should not and need not be subjected, It is, therefore,

RECOMMENDED that Respondent, Bruce Harris, be expelled.

DONE and ORDERED this 23rd day of December, 1975, in Tallahassee, Florida.

K. N. AYERS, Hearing Officer Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304

(904) 488-9675

COPIES FURNISHED:

Harry A. Blair, Esquire Post Office Box 1467

Docket for Case No: 75-001945

Orders for Case No: 75-001945