STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

SCHOOL BOARD OF LEE COUNTY, ) FLORIDA )

)

Petitioner, )

)

vs. ) CASE NO. 75-2044

)

LINDA ANNE SMITH )

)

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 at Fort Myers, Florida.

APPEARANCES

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

Fort Myers, Florida 33902

For Respondent: Linda Anne Smith and parents were present.

By this Petition, the School Administration of Lee County, Florida seeks to expel Linda Anne Smith from Caloosa Middle School in Cape Coral, Florida for sending two bomb threats to the school.

On November 19, 1975 Steve Cook, the Assistant Principal at Caloosa Middle School, found a note on his desk saying "bomb threat 11:00 A.M.". This was printed in pencil. On his way to the office with the bomb threat he encountered Linda Ann Smith who advised she was aware of what was in the note on his desk.

The following day he saw an envelope on his desk addressed to him and to the principal. Inside there was a note saying "no joke, there is a bomb in the school scheduled to go off at 10:30 today." The second note was printed similar to the first and both notes were turned over to the Cape Coral Police.

Investigation by the police led to the determination that Linda Ann Smith was the author of both threats. At a preliminary hearing held by the principal she admitted that she had submitted both these threats.

Linda has been a student at Caloosa Middle School for the past three years.

During this time she has presented continuous problems of class disruption, truancy, smoking, insubordination, and on one occasion submitted a petition to have a teacher removed. Many of her escapades apparently stem from a desire and need for attention.

Frank A. Smith, the father of Respondent, testified in her behalf. He acknowledged that there was no denying the charges against her, and they recognized that she needed help. He believes that she is improving slightly

since she has been undergoing therapy at the mental health center. He submitted as Exhibit 1 a letter from the clinical psychologist at this center. Both of Linda's parents are working and, now that she is being retained at home during her suspension, he believes she is beginning to realize the seriousness of the offense and that she needs to be in school.

From the foregoing it is concluded that Linda Anne Smith is guilty as alleged. Bomb threats cannot be taken lightly because of the possibility that they may be more than a threat and taking them lightly could cause the death or injury to many students. Therefore they are very serious offenses against the discipline in the school, and against the administration of the school. It is therefore,

RECOMMENDED that Linda Anne Smith be expelled from Caloosa Middle School. DONE and ENTERED this 29th 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 Blair, Esquire Post Office Box 1467

Fort Myers, Florida 33902

Mr. Frank A. Smith, and Linda Anne Smith

1915 South East 35th Street Cape Coral, Florida 33904

Docket for Case No: 75-002044

Orders for Case No: 75-002044