STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

MR. ANGEO ESTEVEZ, on behalf of ) minor child, JORGE ESTEVEZ, )

)

Petitioner, )

)

vs. ) CASE NO. 79-373

) THE SCHOOL BOARD OF DADE COUNTY ) FLORIDA, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to proper notice, the Division of Administrative Hearings, by its duly assigned Hearing Officer, Chris H. Bentley, held the final hearing in this cause on July 17, 1979, in Miami, Florida.

APPEARANCES

For Petitioner: Robert F. Garcia-Esquerro, Esquire

Intercontinental Bank Building

3899 Northwest Seventh Street, Suite 210

Miami, Florida 33126

For Respondent: Michael Nieman, Esquire

3000 Executive Building

3050 Biscayne Boulevard, Suite 300

Miami, Florida 33137

Having considered the testimony and evidence presented in this cause and further considered the argument of counsel, the Hearing Officer enters the following:

FINDINGS OF FACT

1. By letter dated November 17, 1978, the Division of Student Services of the Dade County Public Schools (Respondent) administratively assigned Jorge Estevez to the Youth Opportunity School South pursuant to the provisions of Section 230.2315, Florida Statutes. The stated basis of this action was Jorge Estevez's "... disruption of the educational process in the regular school program." Thereafter the student's father requested an administrative hearing pursuant to Section 230.2315(5), Florida Statutes.

   
   

2. Jorge Estevez is a fourteen-year-old eighth grader who the last school year was assigned to W. R. Thomas Jr. High School. After being advised that Jorge was to be transferred to the Youth Opportunity School South, Jorge's parents put him in a private school named Interamerican Military Academy, located in Miami, Florida. Jorge finished the 1978-79 school year in that private school.

3. While enrolled at W. R. Thomas Jr. High School Jorge was involved in several disturbances requiring his referral to the Assistant Principal in charge of discipline at the Jr. High School. The more serious of these incidents occurred on February 7, 1978; May 4, 1970; and October 30, 1978. Also, on July 3, 1978, while enrolled in summer school at Howard McMillan Junior High Jorge was involved in a serious incident. In all four of these incidents Jorge was involved in fighting and intimidation of a classmate or classmates. The other disturbances involved such things as Jorge hitting other children, and defying teacher authority. As a result of his behavior Jorge and his parents were counselled by the school authorities several times. Typically, Jorge's behavior would improve for a short period, but then would revert to his old behavior.

   His behavior became a regular source of disturbance at W. R. Thomas Jr. High School.

   
   

4. The alternative school to which the school system proposes transferring Jorge has a student body of approximately 200. There is a psychologist on staff, as well as a guidance counselor. It has a much smaller teacher-pupil ratio than at W. R. Thomas Jr. high School.

   
   

5. Jorge has successfully completed one-half an academic year in the eighth grade at Interamerican Military Academy. He states that he had no problems while at Interamerican Military Academy and thinks that he recognizes that he should not have gotten into trouble while enrolled in the public school system.

   
   

6. While the request that Jorge be transferred to an opportunity school was pending he was suspended for ten days from W. R. Thomas Jr. High School.

   
   

7. While enrolled at W. R. Thomas Jr. High School, Jorge was disruptive of the regular school environment.

   
   

   CONCLUSIONS OF LAW

   
   

8. The Division of Administrative Hearings has jurisdiction over the subject matter and the parties to this action. s120.57(1) and 230.2315(5), Florida Statutes.

   
   

9. Section 230.2315, Florida Statutes, establishes educational alternative programs in the State of Florida.

   
   

10. Section 230.2315(2), Florida Statutes, defines "educational alternative programs" as those programs "... designated to meet the needs of students who are disruptive or unsuccessful in the normal school environment."

    
    

11. Being disruptive of the regular school environment, Jorge is eligible for an educational alternative program. Section 230.2315(4), Florida Statutes. The Youth Opportunity School South constitutes such an educational alternative program.

RECOMMENDATION

Based upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED:

That Jorge Estevez be reassigned to the Youth Opportunity School South in accordance with the recommendation and decision of the Division of Student Services.

DONE and ENTERED this 24th day of August, 1979, in Tallahassee, Florida.

CHRIS H. BENTLEY

Hearing Officer

Division of Administrative Hearings Room 101, Collins Building Tallahassee, Florida 32301

(904) 488-9675

COPIES FURNISHED:

Robert F. Garcia-Esquerro, Esquire Intercontinental Bank Building Suite 210

3899 Northwest Seventh Street Miami, Florida 33126

Michael Nieman, Esquire 3000 Executive Building

Suite 300

3050 Biscayne Boulevard

Miami, Florida 33137

Docket for Case No: 79-000373

Orders for Case No: 79-000373