STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

SCHOOL BOARD OF DADE COUNTY, )

)

Petitioner, )

)

vs. ) CASE NO. 85-1695

)

ISAAC YZTAK GALAZAN, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice, a formal hearing was held on September 6, 1985, in Miami, Florida, before the Division of Administrative Hearings by its duly designated Hearing Officer, Diane K. Kiesling.

APPEARANCES

For Petitioner: Frank R. Harder, Esquire

Twin Oaks Building Suite 100 2780 Galloway Road

Miami, Florida 33137

For Respondent: Tami Galazan, Parent

210-174 Street

Apartment 1919

Miami Beach, Florida 33160

This matter arose on the assignment by the School Board of Dade County of Isaac Yztak Galazan to an alternative school, Jan Mann Opportunity School-North. Respondent, Isaac Yztak Galazan, requested a formal hearing through the written request of his mother, Mrs. Tami Galazan. The issue is whether Galazan meets the criteria for assignment to an educational alternative program.

Petitioner presented the testimony of Raymond Fontana, assistant principal at Highland Oaks Junior High School, and Peter Rossi, police officer with the Special Investigation Unit of the School Board of Dade County. Petitioner had Exhibits 1, 3, 4, and 5 admitted into evidence. Respondent presented the

testimony of Isaac Galazan and Tami Galazan, his mother, together with Respondent's Exhibits 1-3. The parties waived the filing of a transcript and proposed orders.

FINDINGS OF FACT

1. Isaac Galazan was a student at Highland Oaks Junior High School during the 1983-84 and 1984-85 school year until his reassignment to the alternative school.

   
   

2. During his attendance at Highland Oaks, Galazan was involved in four instances of misbehavior that involved disciplinary action. On January 25, 1984, Galazan did not serve a detention and was given three days of indoor suspension in the SCSI indoor suspension program. On February 27, 1984, Galazan was disciplined for disruptive behavior for possessing fireworks on the school grounds. He got the fireworks at school and simply had them in his pocket. He did not light, attempt to light, or intend to light them on school grounds. On October 15, 1984, Galazan was charged with starting a fight and received

   2 days suspension in SCSI. No additional details were given regarding this incident and Galazan was given a relatively minor discipline. In fact, Galazan does not even remember the incident.

   
   

3. Finally, on March 28, 1985, Galazan was suspended from school for ten days for possession of marijuana on the school bus. In fact, no independent evidence was presented regarding Galazan's supposed possession of marijuana. The only evidence was his own statement given to Mr. Fontana after being questioned. By Galazan's own admission, he brought a very small amount of marijuana onto the bus, gave it to another student to roll, lit it, did not smoke it, became frightened and threw it out the bus window.

   
   

4. Galazan has had academic problems at Highland Oaks. During 1983-84 school year he failed Civics, Life Science and English, but passed these subjects with D grades during summer school. However, his grades at the end of the 1984-85 school year were somewhat improved.

   
   

   CONCLUSIONS OF LAW

   
   

5. The Division of Administrative Heartngs has jurisdiction of the parties to and the subject matter of these proceedings. Sections 120.57(1) and 230.2315, Florida Statutes (1983).

   
   

6. Section 230.2315(4) provides that "a student may be eligible for an educational alternative program if the student is disruptive, unsuccessful, or disinterested in the regular

   school environment . . . ." This statute is further implemented in Rule 6A-1.994, Florida Administrative Code, which states:

   
   

   1. Definition. Educational alternative programs designed to meet the needs of students who are disruptive, disinterested, or unsuccessful in a normal school environment. The educational alternative may occur 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. Disruptive. A student who:

         
         

         1. Displays persistent behavior which interferes with the students's own learning or the educational process of others and requires attention and assistance beyond that which the traditional program can provide: or

            
            

         2. Displays consistent behavior resulting in frequent conflicts of a disruptive nature while the student is under the jurisdiction of the school either in or out of the classroom: or

            
            

         3. Displays disruptive behavior which severely threatens the general welfare of the student or other members of the school population: or

            
            

         4. Has a juvenile justice record and is placed in any youth services residential or day program of the Department of Health and Rehabilitative Services.

         
         

      2. 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.

      
      

7. The disciplinary history of Galazan does not show "persistent behavior which interferes with" the educational process, or "consistent behavior resulting in frequent conflicts of a disruptive nature." His relatively isolated misbehavior is not such that it "severely threatens the general welfare of the student" or others. While Galazan is not totally successful academically, he cannot be classified as unsuccessful or disinterested. It is recognized that Galazan is rapidly approaching the point at which his behavior and lack of academic progress may meet the criteria for assignment to alternative school, but he does not meet the criteria at this time. It is concluded that Galazan does not presently meet the criteria for eligibility for assignment to the alternative school program as set forth in Rule 6A-1.994.

RECOMMENDATION

Based upon the foregoing Findings of Fact and Conclusions of Law, it is

RECOMMENDED that the School Board of Dade County enter a Final Order returning Isaac Yztak Galazan to the regular school program.

DONE and ENTERED this 16th day of September, 1985, in Tallahassee, Florida.

DIANE K. KIESLING

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 16th day of September, 1985.

COPIES FURNISHED:

Frank R. Harder Esquire Twin Oaks Building

Suite 100, 2780 Galloway Road

Miami, Florida 33137

Tami Galazan, Parent 210-174 Street

Apartment 1919

Miami Beach, Florida 33160

Ms. Maeva Hipps School Board Clerk

Dade County Public Schools 1450 N. E. 2nd Avenue Miami, Florida 33132

Dr. Leonard Britton Superintendent of Schools Dade County Public Schools Board Administration Building 1450 Northeast Second Avenue Miami, Florida 33132

Docket for Case No: 85-001695

Orders for Case No: 85-001695