STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

SCHOOL BOARD OF DADE COUNTY, )

)

Petitioner, )

)

vs. ) CASE NO. 82-3222

)

EDGAR WILSON RODRIGUEZ, )

)

Respondent. )

)

RECOMMENDED ORDER

This case was heard pursuant to notice on March 1, 1983, in Miami, Florida, by Stephen F. Dean, assigned Hearing Officer of the Division of Administrative Hearings. This case arose upon the assignment of Edgar Wilson Rodriguez to Douglas McArthur High School -- North, an alternative school placement. Mrs.

Rodriguez, Edgar's mother, requested a review of the placement pursuant to Section 230.2315(5), Florida Statutes.

APPEARANCES

For Petitioner: Mark A. Valentine, Esquire

3000 Executive Plaza, Suite 300

3050 Biscayne Boulevard

Miami, Florida 33137

For Respondent: Mrs. Eduardo Rodriguez, pro se

159 West 44th Street Hialeah, Florida 33012

After evidence was received from the Board that Edgar Rodriguez had threatened another child with a weapon, it became evident that Mrs. Rodriguez did not desire to challenge Edgar's placement at McArthur High School. In fact, she was happy with his progress there, and so was Edgar. Mrs. Rodriguez was concerned about the allegations that her son assaulted the child and wanted to challenge those allegations or alternatively to have his record purged.

Upon learning that Mrs. Rodriguez did not challenge Edgar's placement at McArthur, the Board's counsel pointed out that a separate procedure for challenging a record was provided, as well as a procedure for expunging a record when a child satisfactorily completes the opportunity school. Mrs. Rodriguez was amenable to halting the instant proceedings, having Edgar stay in the McArthur High School for the rest of the school year, and pursuing a proceeding to correct the record or expunge the record.

At the point the proceedings were halted, the Board had demonstrated that Edgar had assaulted another student and was placed at McArthur High School for good cause, that this transfer was in his best interests, and that it was also in the best interests of his fellow students. No evidence to the contrary was received.

RECOMMENDATION

Based on the foregoing, the Hearing Officer recommends that:

1. Edgar Wilson Rodriguez stay at McArthur High School -- North until the end of the school year.

   
   

2. The school system provide to Mrs. Rodriguez a hearing or other proceeding to correct the record or expunge the record.

DONE and ORDERED this 22nd day of March, 1983, in Tallahassee, Leon County, Florida.

STEPHEN F. DEAN, Hearing Officer Division of Administrative Hearings The Oakland Building

2009 Apalachee Parkway

Tallahassee, Florida 32301

(904) 488-9675

Filed with the Clerk of the Division of Administrative Hearings this 22nd day of March, 1983.

COPIES FURNISHED:

Mark A. Valentine, Esquire

3000 Executive Plaza, Suite 300

3050 Biscayne Boulevard

Miami, Florida 33137

Mr. and Mrs. Eduardo Rodriguez

159 West 44th Street Hialeah, Florida 33012

Phyllis O. Douglas, Esquire Administrative Office

Dade County Public Schools 1410 Northeast Second Avenue Miami, Florida 33132

Docket for Case No: 82-003222

Orders for Case No: 82-003222