STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

SCHOOL BOARD OF DADE COUNTY, )

)

Petitioner, )

)

vs. ) CASE NO. 83-224

)

TINA SYLVIA POULIOT, )

)

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. Mike Eldridge

   14800 Northeast 16th Avenue North Miami, Florida 33161

   
   

   This matter arose on Petitioner's assignment of Respondent to its alternative education program and the objection of her parents to such placement.

   
   

   FINDINGS OF FACT

   
   

   1. Respondent was reassigned to the alternative school program on January 4, 1983, following numerous incidents which required discipline during the preceding 12 months. There were repeated incidents of unexcused absences and tardiness, and on December 13, 1983, Respondent was found to be in possession of a quaalude tablet without authorization.

      
      

   2. Since being reassigned to the alternative program, Respondent's performance and conduct have improved. Her parents accept responsibility for the earlier problems and have curtailed their business travel in order to spend more time with her. They have secured counseling for Respondent and seek to have her returned to the regular program as soon as possible.

      
      

      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 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. . .

         
         

   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, 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. . .

      
      

   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 interfered with her own learning process, her placement in an alternative education program was warranted. She should, however, be returned to the regular program at the beginning of the 1983-84 school year if her progress in the alternative education program continues.

RECOMMENDATION

In consideration of the foregoing, it is RECOMMENDED:

That Petitioner enter its Final Order affirming the assignment of Respondent to its alternative education program.

DONE and ORDERED this 6th day of May, 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 6th day of May, 1983.

COPIES FURNISHED:

Dr. Leonard Britton, Superintendent Dade County Public Schools

Lindsey Hopkins Building 1410 Northeast Second Avenue Miami, Florida 33132

Mark Valentine, Esquire 3000 Executive Plaza

3050 Biscayne Boulevard

Miami, Florida 33137

Mr. Mike Eldridge

14800 Northeast 16th Avenue North Miami, Florida 33161

Docket for Case No: 83-000224

Orders for Case No: 83-000224