STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

SCHOOL BOARD OF DADE COUNTY, )

)

Petitioner, )

)

vs. ) CASE NO. 84-1547

)

RAMON A. FLORES, )

)

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: Mrs. Sylvia Perez

   460 Northwest 125 Street Miami, Florida 33168

   
   

   This matter arose on Petitioner's assignment of Ramon A. Flores to its opportunity school and the objection of his mother to such placement.

   
   

   FINDINGS OF FACT

   
   

   1. Respondent attends Thomas Jefferson Junior High School. With the exception of band class which he attends regularly and achieves high marks, his absentee rate (unexcused) is approaching 50 percent and he is receiving failing grades. He is frequently disruptive in class and disrespectful to his instructors. He regularly comes late to his classes or leaves before being excused.

      
      

   2. Petitioner has made frequent attempts to assist Respondent. All available counseling and disciplining techniques have been used without success.

      
      

   3. Respondent will be 16 years old in September and intends to withdraw from school at that time. Respondent and his mother seek his release from mandatory school attendance now so that he may begin vocational training. School officials agree that this is appropriate, but the application has not been completed due to communication problems between Mrs. Perez and Thomas Jefferson Junior High School.

      CONCLUSIONS OF LAW

      
      

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

      
      

      1. ELIGIBILITY OF STUDENTS. - Pur- suant 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 alterna- tive program, pursuant to the provisions

         of chapter 120. .

         
         

   5. Rule 6A-1.994, Florida Administrative Code (F.A.C.), 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 authorized by the school board.

      2. Criteria for eligibility. A student may be eligible for an educa- tional 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.

      (b) 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 progress and the effort to provide assistance is either rejected or is ineffective.

      
      

   6. 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. This student's lack of interest in the regular school program is evident in his failure to attend classes and his lack of academic success. His placement in an educational alternative program is

therefore warranted. However, because of his stated interest in vocational training, he should be released from mandatory school attendance to seek such training.

RECOMMENDATION

From the foregoing, it is

RECOMMENDED that Petitioner enter a final order assigning Respondent to its opportunity school pending release from mandatory school attendance.

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

Mrs. Sylvia Perez

460 Northwest 125 Street Miami, Florida 33168

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

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

Docket for Case No: 84-001547

Orders for Case No: 84-001547