STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

SCHOOL BOARD OF DADE COUNTY, ) FLORIDA, )

)

Petitioner, )

)

vs. ) CASE NO. 83-507

)

CARLOS ALBERTO ESTEVEZ, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice, the Division of Administrative Hearings, by its duly designated Hearing Officer, James E. Bradwell, held a public hearing in this case on June 15, 1983, in Miami, Florida.

APPEARANCES

For Petitioner: Jesse J. McCrary, Jr., and

Mark Valentine, Esquires

300 Executive Plaza, Suite 800 3050 Biscayne Boulevard

Miami, Florida 33137

For Respondent: Jorge L. Tabares, Esquire

Intercontinental Bank Building

3899 Northwest 7th Street, Suite 210

Miami, Florida 33126

ISSUE

The issue presented herein concerns an appeal of the Respondent, School Board of Dade County, Florida's assignment of Respondent, Carlos Alberto Estevez, to the Youth Opportunity School-South, an alternative school placement.

FINDINGS OF FACT

Based upon my observation of the witnesses and their demeanor while testifying, the documentary evidence received and the entire record compiled herein, I hereby make the following relevant findings of fact:

1. Carlos Alberto Estevez, Lereia Carlos or Respondent, date of birth December 18, 1968, was assigned to the W. R. Thomas Jr. High School (Thomas) as a seventh grader during the 1982-83 school year. By letter dated February 1, 1983, Respondent's parents, Mr. and Mrs. Angel Estevez, were advised that their son, Carlos, was being administratively assigned to Youth Opportunity School- South based on his disruption of the educational process in the regular school program at Thomas.

2. Throughout the 82-83 school year, Carlos was the subject of numerous indoor suspensions based on defiant and disruptive behavior which has resulted in a disruption of his classes at Thomas. As example, during November, 1982, Respondent was given a five (5) day in-school suspension due to his outbursts of abusive and profane language to an instructor at Thomas. Petitioner was also the subject of other suspensions due to physical and verbal threats and harassment of other students. Carlos was truant on numerous occasions during the 1982-83 school year. Carlos' parents were kept advised of his suspensions, both in school and out of school (testimony of Donald Helip, Assistant Principal, W. R. Thomas Jr. High School).

   
   

3. Respondent's father contends that the school board is discriminating against Carlos for making the recommendation to as sign him to the Opportunity School Program. No evidence was offered in support of that contention.

   
   

   CONCLUSIONS OF LAW

   
   

4. The Division of Administrative Hearings has jurisdiction over the subject matter and the parties to this action. Chapter 120.57(1), Florida Statutes.

   
   

5. The parties were duly noticed pursuant to the notice provisions of Chapter 120, Florida Statutes.

   
   

6. The authority of the Petitioner is derived from Chapter 230, Florida Statutes.

   
   

7. Competent and substantial evidence was offered to establish that the Respondent, Carlos Alberto Estevez, was constantly disruptive of the educational process while assigned as a student in the regular school program at W. R. Thomas Jr. High School in violation of Rule Chapter 6A-1.994, Florida Administrative Code.

RECOMMENDATION

Based on the foregoing findings of fact and conclusions of law, it is hereby

RECOMMENDED:

That the Petitioner enter a Final Order assigning the Respondent, Carlos Alberto Estevez, to an alternative school placement.

RECOMMENDED this 4th day of October, 1983, in Tallahassee, Florida.

JAMES E. BRADWELL, 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 4th day of October, 1983.

COPIES FURNISHED:

Jesse J. McCrary, Jr. and Mark Valentine, Esquires

300 Executive Plaza, Suite 800 3050 Biscayne Blvd.

Miami, Florida 33137

Jorge L. Tabares, Esquire Intercontinental Bank Building Suite 210

3899 N.W. 7th Street Miami, Florida 33126

Docket for Case No: 83-000507

Orders for Case No: 83-000507