Judges: LINDA M. RIGOT
Agency: County School Boards
Latest Update: Jun. 08, 1990
Summary: Student should be assigned to opportunity school due to his disruptive behavior in the regular school setting.
83-0682.PDFSTATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
SCHOOL BOARD OF DADE COUNTY, )
)
Petitioner, )
)
vs. ) CASE NO. 83-682
)
DWAYNE G. WHITE, )
)
Respondent. )
)
RECOMMENDED ORDER
Pursuant to notice, this cause was heard by Linda M. Rigot, the assigned Hearing Officer of the Division of Administrative Hearings, on June 3, 1983, in Miami, Florida.
Mark A. Valentine, Esquire, Miami, Florida, appeared on behalf of Petitioner School Board of Dade County, and Emma White, mother of Dwayne G. White, appeared on behalf of the Respondent.
On February 14, 1983, Petitioner advised Emma White that her son, Dwayne, was being administratively assigned to the Jan Mann Opportunity School-North, and she timely requested a hearing on that assignment. Accordingly, the issue for determination is whether Respondent should be transferred to an alternative school program.
William G. Murray testified on behalf of the Petitioner, and Emma White testified on behalf of the Respondent.
FINDINGS OF FACT
During the 1981-1982 school year, Dwayne G. White was a seventh grade student assigned to North Miami Junior High School.
On September 15, 1981, Respondent failed to return from lunch.
On September 30, 1981, Respondent was sent to the office by his math teacher for playing around in class and pinching people.
On October 9, 1981, Respondent was disciplined for making an improper proposition to a teacher.
On October 20, 1981, his Spanish teacher reported Respondent for cutting class.
On October 26, 1981, Respondent was again reported by his Spanish teacher for failing to return from lunch.
On January 5, 1982, Respondent was paddled pursuant to a request from his math teacher, who reported Respondent for disrupting the class and not doing his work.
On January 18, 1982, a note was sent to the Respondent's mother, pursuant to the request from Respondent's math teacher, advising her that Respondent was constantly talking, playing and singing in class.
On January 22, 1982, Respondent was issued an indoor suspension for disrupting his science class.
On February 4, 1982, Respondent received another indoor suspension for disturbing his science class.
On February 9, 1982, Respondent was sent to the office for slapping a student in math class.
On February 16, 1982, Respondent was issued a detention for becoming involved in a name-calling argument with another student in math class.
On May 14, 1982, Respondent refused to take a spelling test and was sent to the office by his reading teacher.
On May 21, 1982, Respondent was again reported by his reading teacher for having a temper tantrum in class, for throwing a chair in class, and for not working.
15 On June 15, 1982, the last day of school that year, Respondent received a one-day suspension as a result of his disruptive behavior.
During the 1981-1982 academic year, Respondent failed four of his six courses the first semester, and he failed six of his six courses during the second semester. He was, accordingly, retained in the seventh grade for the 1982-1983 school year at North Miami Junior High School.
On September 8, 1982, Respondent's mother was contacted because he refused to do his work in his reading class.
On September 16, 1982, Respondent was counseled for cutting his physical education class.
On September28, 1982, Respondent's physical education teacher reported him for refusing to participate and for being late for class.
On October 28, 1982, Respondent's social studies teacher reported him for cutting class and refusing to do his school work.
On December 7, 1982, Respondent was issued a three-day indoor suspension for disturbing class and being disrespectful to his physical education teacher.
On January 17, 1983, Respondent was counseled for lack of cooperation in his social studies class.
On January 19, 1983, pursuant to a request from a substitute teacher, Respondent was issued a two-day indoor suspension for cutting class and disturbing another class of which he was not a member.
On February 1, 1983, Respondent was counseled and issued an indoor suspension for being disrespectful to a teacher. On that same day, Respondent was issued a ten-day suspension as a result of his unprovoked assault on a female student. A conference was scheduled with Respondent's mother to discuss assignment of Respondent to an opportunity school. However, his mother failed to appear for that conference.
At the end of the first semester of the 1982-1983 school year, Respondent failed three of his six subjects.
CONCLUSIONS OF LAW
The Division of Administrative Hearings has jurisdiction over the parties hereto and the subject matter hereof. Section 120.57(1), Florida Statutes (1981).
Section 230.2315, Florida Statutes (1981), authorizes school boards to establish educational alternative programs to meet the needs of students who are disruptive or unsuccessful in a normal school environment, as indicated by grades, achievement test scores, referrals for suspension or other disciplinary action, and rate of absences.
Petitioner has clearly met its burden of proving that Respondent should be transferred to an educational alternative program. Both Respondent's grades at the time of his administrative reassignment and his consistently unacceptable behavior provide competent substantial evidence that Respondent, at the time of his reassignment, was not only a disruptive but also a disinterested and unsuccessful student. At the time of his reassignment, Respondent's needs were not being met in a regular school program, and a transfer into another type of program is the only viable solution to ensuring that Respondent achieves full potential.
RECOMMENDATION
Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that a Final Order be entered assigning Respondent Dwayne G.
White to Petitioner's opportunity school program at Jan Mann Opportunity School
North.
DONE and RECOMMENDED this 14th day of June, 1983, in Tallahassee, Leon County, Florida.
LINDA M. RIGOT, 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 June, 1983.
COPIES FURNISHED:
Mark A. Valentine, Esquire
3000 Executive Plaza, Suite 800
3050 Biscayne Boulevard
Miami, Florida 33137
Mrs. Emma White 7415 NW 23rd Avenue
Miami, Florida 33147
Phyllis O. Douglas, Esquire Assistant School Board Attorney Dade County School Board
1410 NE Second Avenue Room 200
Miami, Florida 33132
Docket for Case No: 83-000682
Orders for Case No: 83-000682
| Issue Date |
Document |
Summary |
|
Jul. 06, 1983 |
Agency Final Order
|
|
|
Jun. 14, 1983 |
Recommended Order
|
Student should be assigned to opportunity school due to his disruptive behavior in the regular school setting.
|
