STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

CLAUDIO SENAN, )

)

Petitioner, )

)

vs. ) CASE NO. 83-1313

) SCHOOL BOARD OF DADE COUNTY, ) FLORIDA, )

)

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: Ms. Maria Otero

1140 West 29th Street, Apartment 26

Hialeah, Florida 33012

For Respondent: Jesse J. McCrary, Jr., Esquire and

Mark Valentine, Esquire

300 Executive Plaza, Suite 000 3050 Biscayne Boulevard

Miami, Florida 33137 ISSUE

The issue presented herein concerns the appeal of the Respondent, School Board of Dade County's assignment of Petitioner, Claudio Senan, to the school system's Opportunity School Program an alternative educational 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. Claudio Senan, date of birth, September 18, 1967, was assigned to the Henry H. Fowler Jr. High School as an eighth grader during the 1982-83 school year. By letter dated March 16,1983, Petitioner, Claudio Senan's parent, Ms. Otero, was advised that the Petitioner was being assigned to the Jan Nann Opportunity School, North, based on a recommendation of the principal and a school screening committee of the Department of Alternative Education Placement based on the student's disruption of the educational process in the regular school program.

2. Evidence reveals that during October through December, 1982, the Petitioner was continuously defiant which resulted in his being referred for indoor suspensions on more than three occasions. This pattern continued during the period January through March, 1983. In all of these incidents, Petitioner disrupted his school classroom activities. During early March, 1983, Petitioner was stopped by the Hialeah Police Department and assigned to truant officers.

   
   

3. The Petitioner has received only minimal credits since his enrollment in the regular school program. As example, during the 1980-81 school year, Petitioner enrolled for 12 credits and earned 8 credits. During the 1981-82 school year, Petitioner again enrolled for 12 credits and earned 5. During the 1982-83 school year, the Petitioner earned no credits. Efforts to curb the Petitioner's disruptive activities while enrolled in the regular school program have not been successful. Further, Petitioner is not earning credits or otherwise benefiting from the education process being afforded him due to his disruptive conduct in the regular school program.

   
   

   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 Respondent, School Board of Dade County, is derived from Chapter 230, Florida Statutes.

   
   

7. Competent and substantial evidence was offered to establish that the Petitioner is disrupting the educational process while assigned as a student in the regular school program. Efforts to remediate the Petitioner's disruptive activity while enrolled in the regular school program have been without success.

RECOMMENDATION

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

RECOMMENDED:

That the Respondent, School Board of Dade County, Florida enter a Final Order assigning the Petitioner, Claudio Senan, to an alternative educational placement.

RECOMMENDED this 30th day of September, 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 30th day of September, 1983.

COPIES FURNISHED:

Ms. Maria Otero

1140 W. 29th Street, Apt. 26

Hialeah, Florida 33012

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

300 Executive Plaza, Suite 800 3050 Biscayne Blvd.

Miami, Florida 33137

Docket for Case No: 83-001313

Orders for Case No: 83-001313