STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

SCHOOL BOARD OF DADE COUNTY, )

)

Petitioner, )

)

vs. ) CASE NO. 84-0455

)

JANICE DOROTHY TURBEVILLE, )

)

Respondent. )

)

RECOMMENDED ORDER

This matter came on for hearing on May 1, 1984, 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: Mr. John Turbeville

   410 North Poinciana Boulevard Miami, Florida 33166

   
   

   This matter arose on Petitioner's assignment of Janice Dorothy Turbeville to its opportunity school and the objection of her father to such placement.

   
   

   FINDINGS OF FACT

   
   

   1. Respondent attended ninth grade from August, 1982, through June, 1983. Although she was frequently absent without excuse, she passed all of her courses except mathematics. Since it was necessary that she pass this course to be promoted, she was encouraged to attend summer school in 1983. However, she did not attend and was required to repeat the ninth grade beginning in August, 1983.

      
      

   2. Respondent's unexcused absences continued through the first semester of the 1983-84 school year and she was again failing mathematics. By letter dated January 5, 1984, Petitioner informed Respondent's parents that she had been reassigned to an alternative school.

      
      

   3. Respondent's father, who is the custodial parent, objected to this transfer. He believes Respondent was bored by the repetition of ninth grade courses she had already passed. He concedes that her unexcused absences are unacceptable but believes that he can control this problem if the school contacts him on the day of the absence rather than at some later time.

   4. Respondent was withdrawn from school in January, 1984, by her father in the belief that the alternative school environment would be harmful to her. He asks that she be allowed to attend summer school this year in an effort to make up ninth grade mathematics. This request is reasonable and it should be granted. However, if Respondent fails this course or does not attend regularly, she should be assigned to an alternative education program.

      
      

      CONCLUSIONS OF LAW

      
      

   5. Section 230.2315, Florida Statutes (1981), provides in part:

      
      

      1. ELIGIBILITY OF STUDENTS. - Pursuant

         to rules adopted by the State Board of Educa- tion, a student may be eligible for an educa- tional alternative program if the student is disruptive, unsuccessful, or disinterested 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, pur- suant to the provisions of chapter 120. .

         
         

   6. 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 alternative

         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 alternative 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.

      
      

      1. Unsuccessful or disinterested. A student who:

         1. Demonstrates a lack of sufficient involvement in the traditional school program to achieve success because interests, needs or talents are not being addressed; or

         2. Shows unsatisfactory academic pro- gress and the effort to provide assistance is either rejected or is ineffective.

   7. The above-quoted statute provides authority for review of the proposed placement. The quoted provisions also establish the criteria for classification and placement of unsuccessful or disinterested students.

      
      

   8. Because of her frequent unexcused absences and failure to attend summer school in 1983 to make up a required course, Respondent is properly classified as an unsuccessful and disinterested student. She has not shown any behavior problems, however, and satisfactorily passed all ninth grade courses except mathematics. Therefore, she should be given an opportunity to pass mathematics during the 1984 regular ninth grade summer session.

      
      

   9. If Respondent passes mathematics with a satisfactory grade and attendance record, she should be permitted to remain in Petitioner's regular education program. Otherwise, she should be assigned to an alternative education program for the 1984-85 school year.

RECOMMENDATION

From the foregoing, it is

RECOMMENDED that Petitioner enter a Final Order determining that Respondent is eligible for placement in an educational alternative program, but withholding such assignment on the condition that she attend the 1984 summer session and satisfactorily complete ninth grade mathematics.

DONE and ENTERED this 7th day of May, 1984, 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 7th day of May, 1984.

COPIES FURNISHED:

Mark Valentine, Esquire 3000 Executive Plaza

3050 Biscayne Boulevard

Miami, Florida 33137

Mr. John Turbeville

410 N. Royal Poinciana Blvd. Apt. No. 6

Miami, Florida 33166

Madelyn P. Schere, Esquire Dade County Public Schools 1410 NE. Second Avenue Miami, Florida 33132 Dr.

Leonard Britton, Superintendent

Dade County Public Schools 1410 Northeast Second Avenue Miami, Florida 33132

Docket for Case No: 84-000455

Orders for Case No: 84-000455