STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

SCHOOL BOARD OF DADE COUNTY, )

)

Petitioner, )

)

vs. ) CASE NO. 83-847

)

GEORGE S. MULET, JR., )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice, the Division of Administrative Hearings, by its duly designated Hearing Officer, James E. Bradwell, held a public hearing herein in this case on April 27, 1983, in Miami, Florida.

APPEARANCES

For Petitioner: Mark A. Valentine, Esquire

Law Offices of Jesse J. McCrary, Jr. Suite 800, 3000 Executive Plaza

3050 Biscayne Boulevard

Miami, Florida 33137 For Respondent: No appearance.

ISSUE

The issue herein concerns Respondent's appeal of the School Board's assignment of George S. Mulet, Jr. to an alternative school placement.

FINDINGS OF FACT

Based on the documentary evidence received and the entire record compiled herein, the following relevant facts are found:

1. By letter dated February 9, 1983, the Petitioner, School Board of Dade County, Florida, administratively assigned Respondent, George Sixto Mulet, Jr. to Youth Opportunity School--South--in accordance with a recommendation of the principal and screening committee of the Petitioner's Department of Alternative Education Placement. The basis for that action was allegedly the Respondent's disruption of the educational process in the regular school program.

   
   

2. By letter dated March 8, 1983, and received by the Division of Administrative Hearings on March 21, 1983, the Petitioner referred the matter to the Division of Administrative Hearings for a hearing pursuant to Chapter 120, Florida Statutes. The matter was duly scheduled by copy of a notice of hearing served on the parties dated April 11, 1983, noticing the matter for hearing for April 27, 1983.

3. In this regard, the undersigned's secretary received a message from Marta Quinones, Respondent's mother, stating that she was requesting a continuance of the hearing. The undersigned Hearing Officer's secretary advised the parent, Marta Quinones, that it would be necessary to request a continuance in writing. No such written request was received, nor was the undersigned Hearing Officer, or Petitioner's counsel, advised in writing, or otherwise, that the Respondents would not appear at the hearing as scheduled. Accordingly, I shall recommend that the matter be referred to the School Board of Dade County to take final action consistent with its preliminary assignment based on the Respondent's failure to administratively pursue its appeal rights.

RECOMMENDATION

Based on the foregoing findings and conclusions, it is hereby RECOMMENDED:

That the matter be referred back to the Petitioner, School Board of Dade County, Florida, to take final action pursuant to the recommendation made herein based on the Respondent's failure to exhaust, or otherwise pursue, its appeals protections pursuant to Chapter 120.57(1), Florida Statutes.

RECOMMENDED this 17th day of May, 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 17th day of May, 1983.

COPIES FURNISHED:

Mark A. Valentine, Esquire

Law Offices of Jesse J. McCrary, Jr. Suite 800, 3000 Executive Plaza

3050 Biscayne Blvd.

Miami, Florida 33137

Mrs. Marta Quinones 3531 Southwest 91 Ave.

Miami, Florida 33165

Mr. Leonard M. Britton Superintendent

Dade County School Board Lindsey Hopkins Building 1410 Northeast Second Avenue Miami, Florida 33132

Docket for Case No: 83-000847

Orders for Case No: 83-000847