STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

SCHOOL BOARD OF DADE COUNTY, )

)

Petitioner, )

)

vs. ) CASE NO. 83-3084

)

KEITH O. VINSON, )

)

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 November 28, 1983, in Miami, Florida.

APPEARANCES

For Petitioner: Mark A. Valentine, Esquire and

Jesse J. McCrary, Jr., Esquire 3050 Biscayne Boulevard, Suite 800

Miami, Florida 33137

For Respondent: Mrs. Yvonne Vinson, parent

11610 South West 140 Terrace

Miami, Florida 33176 ISSUE

The issue presented herein concerns the appeal of the Petitioner's assignment of Respondent to Youth Opportunity School-South, an alternative school placement.

FINDINGS OF FACT

Based upon my observation of the witnesses and their demeanor while testifying, documentary evidence received and the entire record compiled herein, I hereby make the following relevant findings of fact.

1. Keith O'Neil Vinson (date of birth November 1, 1968) was a student enrolled in the regular school program at Arvida Junior High school during the 1982/83 school year as an eighth grader.

   
   

2. By letter dated August 18, 1983, Petitioner, the School Board of Dade County, Florida, advised the parent, Mrs. Yvonne Vinson, that Respondent, Keith

   D. Vinson, was being administratively assigned to Youth Opportunity School South based on his disruption of the educational process in the regular school program and his failure to adjust thereto.

3. Keith is physically well-developed for his age. That is, he is approximately 6 feet 5 inches and weighs approximately 200 pounds. During the 1982-83 school year, Respondent was the subject of more than 10 suspensions and was called in for numerous teacher conferences based on his defiant and assaultive conduct with other students while enrolled at Southwood and Arvida Junior High School. (Testimony and admission of parent, Yvonne Vinson)

   
   

4. From 1981 through 1983, Respondent engaged in repeated acts wherein he was involved in fights and assaults of other students. Despite repeated efforts to attempt to control Respondent's defiant behavior, his same pattern of conduct persisted.

   
   

5. Although Respondent's mother, Mrs. Yvonne Vinson, testified that the Respondent's conduct has been exaggerated by school officials and that he was singled out for "petty matters," the evidence herein reveals and it is specifically found that the Respondent's conduct was disruptive of the regular school program throughout his enrollment therein.

   
   

   CONCLUSIONS OF LAW

   
   

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

   
   

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

   
   

8. The authority of the Petitioner is derived from Chapter 230, Florida Statutes, and Rule Section 6A-1.994(a)(3), Florida Administrative Code. That rule section authorizes the petitioner to assign a student, as Keith O'Neal Vinson, to an alternative educational placement based on disruption of the educational process in the regular school program and his failure to adjust to the regular school program.

   
   

9. Competent and substantial evidence was offered herein to establish that the Petitioner's attendance at Arvida Junior High School during the 1982-83 school term resulted in repeated acts of disruptive behavior which resulted in a disruption of the education process in the regular school program. Moreover, despite the Petitioner's efforts to correct this inappropriate behavior, Respondent has failed to adjust to the regular school program. In view thereof, it is herein concluded that Petitioner properly administratively assigned the Respondent to Youth Opportunity School-South.

RECOMMENDATION

Based on the foregoing findings of fact and conclusions of law, it is hereby recommended that the Respondent's appeal of the Petitioner's assignment of Respondent to an opportunity school program be DENIED.

RECOMMENDED this 10th day of February, 1984, 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 February, 1984.

COPIES FURNISHED:

Mark A. Valentine, Esquire Jesse J. McCrary, Jr., Esquire 3050 Biscayne Blvd., Suite 800

Miami, Florida 33137

Mrs. Yvonne Vinson

11610 South West 140 Terrace

Miami, Florida 33176

Dr. Leonard Britton Superintendent of Schools Dade County Public Schools Lindsey Hopkins Building 1410 North East 2nd Avenue Miami, Florida 33132

Docket for Case No: 83-003084

Orders for Case No: 83-003084