STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

SCHOOL BOARD OF DADE COUNTY, )

)

Petitioner, )

)

vs. ) CASE NO. 82-3346

)

MICHAEL DOUGLAS, )

)

Respondent. )

)

RECOMMENDED ORDER

This matter came on for hearing on February 4, 1983, in Miami, Florida, before the Division of Administrative Hearings and its duly appointed Hearing Officer, R. T. Carpenter. The parties were represented by:

APPEARANCES

For Petitioner: Mark Valentine, Esquire

3000 Executive Plaza

3050 Biscayne Boulevard

Miami, Florida 33137 For Respondent: No Appearance

This matter arose on Petitioner's assignment of the child, Michael Douglas, to its Youth Opportunity School and the objection of his mother, Ms. Lillie Mae Jordon, to such placement. She did not, however, attend the duly noticed hearing.

FINDINGS OF FACT

1. Michael Douglas began the 1982-83 school year as a seventh grade student at South Miami Junior High School. Disciplinary measures were required on September 1, 10, 14, 17 and 29, 1982. The student refused to obey rules and instructions, and was generally incorrigible. On September 29, he threatened another student with assault.

   
   

2. During September, school officials had several contacts with Michael's mother and his case was referred to the child study team. As a result of these conferences, he was assigned to a youth opportunity school on October 28, 1982.

   
   

   CONCLUSIONS OF LAW

   
   

3. Section 230.2315, Florida Statutes (1981), provides in part:

   
   

   1. ELIGIBILITY OF STUDENTS. - Pursuant to rules adopted by the State Board of Ed- ucation, a student may be eligible for an

      educational alternative program if the stu-

      dent is disruptive, unsuccessful, or dis- interested in the regular school environment as determined by grades, achievement test scores, referrals for suspension or other disciplinary action, and rate of absences.

      
      

      (5) REVIEW OF PLACEMENT. - The parents

      or guardians of a student shall be entitled to an administrative review of any action by school district personnel relating to placement of the student in an alternative program, pursuant to the provisions of chapter 120 . . .

      
      

4. Rule 6A-1.994, Florida Administrative Code, provides in part:

   
   

   1. Definition. Educational alternative programs are programs designed to meet the needs of students who are disruptive, dis- interested, or unsuccessful in a normal school environment. The educational alter- native may occur either within the school system or in another agency authorized by the school board.

      
      

   2. Criteria for eligibility. A student may be eligible for an educational alter- native program if the student meets one (1) or more of the criteria prescribed below as

   determined by grades, achievement test scores, referrals for suspension or other disciplinary action, and rate of absences.

   
   

   1. Disruptive. A student who:

      
      

      1. Displays persistent behavior which interferes with the student's own learning or the educational process of others and re- quires attention and assistance beyond that

   which the traditional program can provide. . .

   
   

5. The above-quoted statute provides authority for this placement review. The quoted provisions also establish criteria for classification and placement of disruptive students. Since this student's persistent behavior has interfered with his own learning process, his placement in an alternative education program is warranted.

RECOMMENDATION

From the foregoing, it is RECOMMENDED:

That Petitioner continue its placement of the student, Michael Douglas, in the Youth Opportunity School.

DONE and ENTERED this 14th day of February, 1983, in Tallahassee, Florida.

R. T. CARPENTER, 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 14th day of February, 1983.

COPIES FURNISHED:

Mark Valentine, Esquire 3000 Executive Plaza

3050 Biscayne Boulevard

Miami, Florida 33137

Dr. Leonard M. Britton, Superintendent Dade County Public Schools Administrative Office

Lindsey Hopkins Building 1410 Northeast Second Avenue Miami, Florida 33132

Ms. Lillie Mae Jordon 5920 Southwest 6th Street Miami, Florida 33143

Docket for Case No: 82-003346

Orders for Case No: 82-003346