STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

SCHOOL BOARD OF DADE COUNTY, )

)

Petitioner, )

)

vs. ) CASE NO. 83-683

)

JORGE VALDEZ, )

)

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 May'20, 1983, in Coral Gables, Florida.

Mark A. Valentine, Esquire, Miami, Florida, appeared on behalf of Petitioner School Board of Dade County, and Grizel Valdez, mother of Jorge Valdez, appeared on behalf of the Respondent.

On January 5, 1983, Petitioner advised Grizel Valdez that her son, Jorge, 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.

Donald A. Herschel, Jr., testified on behalf of the Petitioner, and Grizel Valdez testified on behalf of the Respondent. Additionally, Petitioner's Exhibit numbered 1 and Respondent's Composite Exhibit numbered 1 were admitted in evidence.

FINDINGS OF FACT

1. During the 1982-1983 school year, Jorge Valdez is a seventh grade student. He was assigned to Lake Stevens Junior High School for this school year.

   
   

2. In October 1982, pursuant to a request from his physical education teacher, Respondent was counseled and issued strokes for being repeatedly late and for refusing to "dress out" for class.

   
   

3. On two occasions in November 1982, pursuant to requests from his art teacher, Respondent was counseled and issued strokes for being disruptive in art class by walking around the room during class and refusing to participate in class activities.

   
   

4. In December 1982, Respondent was suspended from school for three days as a result of an incident at the bus stop.

5. When Respondent returned to school after his suspension, he was wearing a linked chain approximately three feet long hidden under his shirt. On the third day, he was caught using the chain to threaten another student.

   Respondent was given a ten-day suspension, and a conference was held with his mother.

   
   

6. The Student Code of Conduct provides for expulsion of any student possessing a concealed weapon. As a result of his conference with Grizel Valdez, Jorge's principal agreed he would request a waiver of expulsion with an alternative placement instead.

   
   

7. As of November 5, 1982, Respondent's grades in his six classes at Lake Stevens Junior High School were one C, one D and four Fs. In conduct, his grades were one A, one C and four Fs.

   
   

   CONCLUSIONS OF LAW

   
   

8. The Division of Administrative Hearings has jurisdiction over the parties here to and the subject matter hereof. Section 120.57(1), Florida Statutes (1981).

   
   

9. 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.

   
   

10. Petitioner has clearly met its burden of proving that Respondent should be transferred to an educational alternative program. Respondent's grades before he was removed from Lake Stevens Junior High School show failing grades in both academics and conduct in substantially all of his classes. Additionally, Respondent's five behavioral problems between October and December were progressively serious, with the last occasion presenting a threat to the safety of other students. Respondent's needs are not being met in the regular school program, and a transfer into another type of program is the only viable solution to ensuring that Respondent achieve his 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 Jorge Valdez

to Petitioner's opportunity school program at Jan Mann Opportunity School North.

DONE and RECOMMENDED this 31st day of May, 1983, 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 31st day of May, 1983.

COPIES FURNISHED:

Mark A. Valentine, Esquire

3000 Executive Plaza, Suite 800

3050 Biscayne Boulevard

Miami, Florida 33137

Mrs. Grizel Valdez 4901 NW 173rd Street

Carol City, Florida 33055

Phyllis O. Douglas, Esquire Assistant Board Attorney Lindsey Hopkins Building 1410 NE Second Avenue Miami, Florida 33132

Docket for Case No: 83-000683

Orders for Case No: 83-000683