STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

SCHOOL BOARD OF DADE COUNTY, )

)

Petitioner, )

)

vs. ) CASE NO. 82-3319

)

CARLOS VICIEDO, JR., )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice, the Division of Administrative Hearings, by its duly designated Hearing Officer, WILLIAM B. THOMAS, held a formal hearing in this case on February 3, 1983, in Miami, Florida.

APPEARANCES

For Petitioner: Michael J. Neimand, Esquire

3000 Executive Plaza

3050 Biscayne Boulevard, Suite 300

Miami, Florida 33137

For Respondent: Carlos Viciedo, Sr.

1122 Southwest 134th Place Miami, Florida 33183

FINDINGS OF FACT

1. At the administrative hearing which was scheduled for the time and place shown above, Mr. Carlos Viciedo, Sr., father of the minor student named as Respondent herein, announced that his son, Carlos Viciedo, Jr., had been moved to Los Angeles, California, by his Mother. The student, Carlos Viciedo, Jr., has been enrolled in the school system of Los Angeles, and removed from the Dade County School system.

   
   

2. The principal at South Miami Junior High School where Carlos Viciedo, Jr., was enrolled prior to the transfer to Douglas MacArthur Senior High School

   -- South, verified that papers have been received from the Los Angeles, California, school system to demonstrate that the student has requested a transfer from the schools in Dade County to the schools in Los Angeles.

   
   

3. Mr. Carlos Viciedo, Sr., plans to join his family in Los Angeles, and the enrollment of his son in the school system there is permanent.

   
   

   CONCLUSIONS OF LAW

   
   

4. The issue in this proceeding, namely, whether Carlos Viciedo, Jr., should be reassigned from South Miami Junior High School to the Alternative Education Program at Douglas MacArthur Senior High School -- South pursuant to

the provisions of Section 230.2315(5), Florida Statutes, has become moot, and this case should be dismissed.

RECOMMENDATION

On the basis of the foregoing Findings of Fact and Conclusions of Law, it

is

RECOMMENDED that the School Board of Dade County dismiss the proceeding it

initiated to effect a transfer of the Respondent, Carlos Viciedo, Jr., from South Miami Junior High School to the Alternative Education Program at Douglas MacArthur Senior High School -- South.

THIS RECOMMENDED ORDER entered on this 17th day of February, 1983.

WILLIAM B. THOMAS, 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 17th day of February, 1983.

COPIES FURNISHED:

Michael J. Neimand, Esquire Suite 300

3000 Executive Plaza

3050 Biscayne Boulevard

Miami, Florida 33137

Carlos Viciedo, Sr.

1122 Southwest 134th Place Miami, Florida 33183

Phyllis O. Douglas, Esquire Assistant Board Attorney Dade County Public School 1410 Northeast 2nd Avenue Miami, Florida 33132

Dade County School Board 1410 Northeast 2nd Avenue Miami, Florida 33132

Docket for Case No: 82-003319

Orders for Case No: 82-003319