STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

JORGE BARAHONA, )

)

Petitioner, 1/ )

)

vs. ) CASE NO. 83-1314

) 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, 1933, in Miami, Florida.

APPEARANCES

For Petitioner: Mr. and Mrs. Julio Barahona

4335 Northwest South Tamiami Canal Drive Apartment 216

Miami, Florida 33126

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

Mark Valentine, Esquire

300 Executive Plaza

3050 Biscayne Boulevard, Suite 800

Miami, Florida 33137 ISSUE

The issue posed herein concerns an appeal of the Respondent, School Board of Dade County's assignment of the Petitioner, Jorge Barahona, to Youth Opportunity School, South, an alternative 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. Jorge Barahona is a sixteen (16) year old repeat eighth grader enrolled in the Respondent, School Board of Dade County, Public School System. Petitioner's parents, Mr. and Mrs. Julio Barahona, were notified by letter dated March 16, 1983, by certified mail, return receipt requested, that Jorge, who was then attending Kinlock Park Junior High School, was being transferred to the Youth Opportunity School South based on his disruption of the educational process in the regular school program.

2. Prior to the Respondent's decision to assign Petitioner to an alternative placement, Respondent, through its staff, undertook various measures in an effort to quell Jorge's disruptive activities and to provide an educational setting for him in a regular classroom. These measures included counselor referrals on October 13, 15, 19, 21, and 27, 1982. At that time, a committee including Petitioner's teacher, the school's then assistant principal,

   W. George Cosgrove, and a guidance counselor all discussed the Petitioner's disruptive activities and placed him in the "outreach program". The Outreach Program is designed to utilize extraordinary measures to attempt to foster respect in students who exhibit disruptive behavior while attending school in a regular classroom. While placed in the Outreach Program, Jorge was again referred repeatedly to counselors for disruptions. On November 1, 1982, Jorge was advised that his next referral would result in an indoor suspension. Petitioner was repeatedly absent from school during the early part of November, 1982, and when he returned to school on the fifth (5) day following the November vacation, he was again referred for counseling due to disruptive conduct. At that time, December 3, 1982, he was given a five-day indoor suspension.

   
   

3. During mid-January, 1983, Petitioner was again referred for counseling by three instructors which resulted in an extension of an earlier indoor suspension. On November 21, 1983, Petitioner embarked upon a course of abusive and profane outbursts which resulted in his being escorted to the Principal's office where he was again given an additional two-day indoor suspension. Petitioner's defiant behavior continued and an internal disciplinary committee decided to recommend that he be reassigned to the Opportunity School Program at Youth Opportunity School South.

   
   

   The Position of Petitioner's Parents

   
   

4. The Petitioner's parents voiced their contention that Petitioner did not violate any school rules when he was assigned to the regular school program and that Petitioner had recurring medical problems which were the cause of his behavior. Finally, the parents (of Petitioner) contend that the school officials are not treating the Petitioner fairly by recommending the alternative placement for Petitioner. The evidence reveals that Petitioner is eligible for an educational alternative program because he is disruptive, disinterested and unsuccessful in a normal school environment. Rule 6A-1.994(2), Florida Administrative Code. There is no evidence to support the Petitioner's claim that he was unfairly treated due to the fact that he is the subject of an alternative educational assignment. Respondent's recommendation of Petitioner was based on a history of repeated disruptions by Petitioner while enrolled in a regular school environment.

   
   

   CONCLUSIONS OF LAW

   
   

5. The Division of Administrative Hearings has jurisdiction over the subject matter and the parties to this action. Chapter 120.57(1), Florida Statutes.

   
   

6. The parties were duly noticed pursuant to the notice provisions of Chapter 120, Florida Statutes.

   
   

7. The authority of the Respondent is derived from Chapter 230.2315(4), Florida Statutes.

   
   

8. Competent and substantial evidence was offered to establish that the Petitioner was repeatedly disruptive of the regular school classes while

assigned to the regular school program at Kinlock Park Junior High School. Evidence further reveals that the recommendation to assign Petitioner to the Opportunity School was made only after all efforts to curb the Petitioner's disruptive activities of the educational process in the regular school program had been exhausted.

RECOMMENDATION

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

RECOMMENDED:

That the School Board enter a Final Order assigning Petitioner to an alternative school program.

RECOMMENDED this 10th day of October, 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 10th day of October, 1983.

ENDNOTE

1/ Herein sometimes referred to as Jorge.

COPIES FURNISHED:

Mr. & Mrs. Julio Barahona 4335 NW S. Tamiami Trail Miami, Florida 33126

Jesse J. McCrary, Jr., Esquire

300 Executive Plaza, Suite 800 3050 Biscayne Blvd.

Miami, Florida 33137

Docket for Case No: 83-001314

Orders for Case No: 83-001314