STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

SCHOOL BOARD OF DADE COUNTY, )

)

Petitioner, )

)

vs. ) CASE NO. 82-3456

)

BEVERLY YVONNE STANLEY, )

)

Respondent. )

)

RECOMMENDED ORDER

This matter came on for hearing on April 6, 1983, in Miami, Florida, before the Division of Administrative Hearings and its duly appointed Hearing Officer,

1. T. Carpenter. The parties were represented by:

   
   

   For Petitioner: Mark Valentine, Esquire

   3000 Executive Plaza

   3050 Biscayne Boulevard

   Miami, Florida 33137

   
   

   For Respondent: Mr. & Mrs. Wilbert Stanley

   4723 Northwest 192 Street

   Miami, Florida 33055

   
   

   This matter arose on Petitioner's assignment of the child, Beverly Yvonne Stanley, to its alternative education program and the objection of her parents to such placement. She attended the duly noticed hearing and was represented by her parents.

   
   

   FINDINGS OF FACT

   
   

   1. Petitioner presented school records which detail Respondent's school adjustment problems over the three years preceding her assignment to MacArthur High School North as a disruptive student. This record indicates numerous incidents of cursing school officials, refusing instructions and cutting classes. Her parents were aware of 23 of the 29 documented incidents and had participated in her counseling by Petitioner.

      
      

   2. Respondent, who is now 17, has refused the assignment to the alternative school and has remained at home for over four months. Both the student and her parents believe she should be receiving vocational training rather than academic or alternative school placement.

      
      

   3. Petitioner agreed to remove Respondent's restriction against vocational training and drop its requirement that she attend alternative school if she and her parents agree that she will not attempt to return to the regular academic program. Respondent and her parents have accepted this condition and will proceed with vocational counseling and/or placement in the Dade County School System as soon as this proceeding is concluded.

      CONCLUSIONS OF LAW

      
      

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

      
      

      1. ELIGIBILITY OF STUDENTS.- Pursuant to rules adopted by the State Board of Education, a student may be eligible for an educational alternative program if the student is disruptive, unsuccessful, or disinterested in the regular school environment as determined by grades, achievement test cores, referrals for suspension or other disciplinary action, and rate of absences.

         
         

      2. 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. . .

         
         

   5. 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, disinterested, or unsuccessful in a normal school environment. The educational alternative 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 alternative 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.

      
      

      (a) Disruptive. A student who:

      1. Displays persistent behavior which interferes with the student's own learning or the educational process of others and requires attention and assistance beyond that which the traditional program can provide. . .

      
      

   6. The above-quoted statute provides authority for this review. The quoted provisions also establish criteria for classification and placement of disruptive students. Since this student's persistent behavior has interfered with her own learning process, her classification as a disruptive student is proper, justifying placement in an alternative education program. However, in consideration of Respondent's needs, she should be permitted to seek vocational training in lieu of alternative school placement.

RECOMMENDATION

Based upon the foregoing, it is RECOMMENDED:

That Petitioner enter a Final Order classifying Respondent as a disruptive student, but permitting her placement in a vocational training program on condition that she not attempt to re-enroll in a regular academic program.

DONE and ENTERED this 26th day of April, 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 26th day of April, 1983.

COPIES FURNISHED:

Mark Valentine, Esquire 3000 Executive Plaza

3050 Biscayne Boulevard

Miami, Florida 33137

Mr. & Mrs. Wilbert Stanley 4723 Northwest 192 Street

Miami, Florida 33055

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

Lindsey Hopkins Building 1410 Northeast Second Avenue Miami, Florida 33132

Docket for Case No: 82-003456

Orders for Case No: 82-003456