STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

SCHOOL BOARD OF DADE COUNTY, )

)

Petitioner, )

)

vs. ) CASE NO. 84-1540

)

YBRAHIM GONZALEZ, JR., )

)

Respondent. )

)

RECOMMENDED ORDER

This matter came on for hearing on June 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: Ybrahim Gonzalez, Sr.

   6624 Southwest 148 Place

   Miami, Florida 33183

   
   

   This matter arose on Petitioner's assignment of Ybrahim Gonzalez, Jr., to its opportunity school and the objection of his parents to such placement.

   
   

   FINDINGS OF FACT

   
   

   1. Respondent is a seventh grade student at Howard D. McMillan Junior High School. He received failing grades in all his first semester courses and regularly fails to accomplish his homework assignments. He has an absentee rate (unexcused) approaching 50 percent and is frequently late to those classes he does attend.

      
      

   2. Petitioner has attempted various counseling and disciplinary techniques without success. Although there have been some communication problems between school officials and Respondent's parents, they were aware of his poor grades and frequent absences.

      
      

      CONCLUSIONS OF LAW

      
      

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

      
      

      1. ELIGIBILITY OF STUDENTS. - Pursuant to rules adopted by the State Board of Education, a student may be eligible for an educational 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, pursuant to the provisions of chapter 120. .

         
         

   4. Rule 6A-1.994, Florida Administrative Code, provides in part:

      
      

      1. Definition. Educational alterna- tive programs are programs designed to meet the needs of students who are disrup- tive, disinterested, or unsuccessful in a

         normal school environment. The educational alternative may occur either within the school system or in another agency author- ized by the school board.

      2. Criteria for eligibility. A student may be eligible for an educational alterna- tive 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.

      (b) Unsuccessful or disinterested. A student who:

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

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

      
      

   5. The above-quoted statute provides authority for review of the proposed placement. The quoted provisions also establish the criteria for classification and placement of disinterested students. Respondent's poor attendance record, failing grades and rejection of assistance establish that he is unsuccessful and disinterested in petitioner's regular school program. His placement in an alternative education program is therefore warranted.

RECOMMENDATION

From the foregoing, it is

RECOMMENDED that Petitioner enter a final order assigning Ybrahim Gonzalez, Jr., to its opportunity school.

DONE AND ENTERED this 19th day of June, 1984, at 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 19th day of June, 1984.

COPIES FURNISHED:

Mark Valentine, Esquire 3000 Executive Plaza

3050 Biscayne Boulevard

Miami, Florida 33137

Dr. Leonard Britton Superintendent of Schools Dade County Public Schools 1410 Northeast Second Avenue Miami, Florida 33132

Mr. Ybrahim Gonzalez, Sr. 6624 Southwest 148 Place

Miami, Florida 33138

Madelyn P. Schere, Esquire Assistant Board Attorney 1410 Northeast Second Avenue Miami, Florida 33132

Docket for Case No: 84-001540

Orders for Case No: 84-001540