STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

SCHOOL BOARD OF DADE COUNTY, )

)

Petitioner, )

)

vs. ) CASE NO. 83-738

)

REGINA MACK, )

)

Respondent. )

)

RECOMMENDED ORDER

This matter came on for hearing on June 24, 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: Ms. Bertha Lee Mack

   18430 Northwest 23rd Avenue Opa Locka, Florida 33056

   
   

   This matter arose on Petitioner's assignment of the child, Regina Mack, to its opportunity school program, and the objection of her mother, Ms. Bertha Lee Mack, to such placement.

   
   

   FINDINGS OF FACT

   
   

   1. Regina Flack attended Parkway Junior High School during the 1980-81, 1981-82, and the beginning of the 1982-83 school year. Disciplinary measures were required on numerous occasions throughout this period, which led to Petitioner's action to reassign Regina to its youth opportunity program- alternative school at Douglas MacArthur High School-North in February, 1983.

      
      

   2. Regina's conduct was disruptive to her education and that of other students. The incidents leading to disciplinary measures involved fighting, striking other students, truancy, and refusal to accept school assignments. Regina suffers from a learning disability, but Petitioner has ascertained through appropriate evaluations that her misconduct has not been a function of this learning disability.

      
      

   3. Her parents object to the alternative placement due to difficulty with transportation schedules. However, the Douglas MacArthur High School-North is the nearest alternative school to Regina's home, and the inconvenience created by this placement does not outweigh the need for the remedial measures Petitioner seeks to apply.

      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 Ed- ucation, a student may be eligible for an educational alternative program if the stu- dent is disruptive, unsuccessful, or dis-

         interested in the regular school environment as determined by grades, achievement test scores, 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, dis- interested, or unsuccessful in a normal school environment. The educational alter- native 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 alter- native 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 re- quires attention and assistance beyond that which the traditional program can

      provide. . . .

      
      

   6. 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 has interfered with her education and that of other students, her placement in an alternative education program is warranted.

RECOMMENDATION

From she foregoing, it is

RECOMMENDED that Petitioner enter a Final Order affirming its assignment of Respondent to its youth opportunity program.

DONE and ENTERED this 22nd day of July, 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 22nd day of July, 1983.

COPIES FURNISHED:

Mark Valentine, Esquire 3000 Executive Plaza

3050 Biscayne Blvd.

Miami, Florida 33137

Ms. Bertha Lee Mack

18430 Northwest 23rd Avenue Opa Locka, Florida 33056

Dr. Leonard Britton, Superintendent Dade County Public Schools Administrative Office

Lindsey Hopkins Building 1410 Northeast Second Avenue Miami, Florida 33132

Docket for Case No: 83-000738

Orders for Case No: 83-000738