STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

SCHOOL BOARD OF DADE COUNTY, ) FLORIDA, )

)

Petitioner, )

)

vs. ) CASE NO.85-1722

)

JOHN POINTS, )

)

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 Harder, Esquire

Twin Oaks Building

Suite 100, 2780 Galloway Road Miami Beach, Florida 33160

For Respondent: Angela Points, Parent

200-178 Drive

Miami Beach, Florida 33160

This matter arose on the assignment by the School Board of Dade County of John Points to an alternative school, Jan Mann Opportunity School-North. Respondent, John Points, requested a formal hearing through the written request of his mother, Angela Points.

ISSUE

The issue is whether Points meets the criteria for assignment to an educational alternative program.

Petitioner presented the testimony of Laura Bryant, school bus driver: Peter Rossi, police officer with the Special Investigative Unit of the School Board of Dade County, Raymond Fontana, assistant principal of Highland Oaks Junior High School; Arnold Golditch, teacher, and Lawrence Jurrist, teacher.

Petitioner had Exhibits 1-8 admitted into evidence.

Respondent presented the testimony of John Points. The parties waived the filing of a transcript and proposed orders.

FINDINGS OF FACT

1. John Points was a student at Highland Oaks Junior High School during the 1983-84 and 1984-85 school years until his assignment to the alternative school.

   
   

2. During his attendance at Highland Oaks, Points has been involved in numerous instances of misbehavior that involved disciplinary action. On October 26, 1983 he was truant and was placed-on indoor suspension in the SCSI program. On February 24, 1984, he was placed on a two day indoor suspension for disruptive behavior. On May 3, 1984 he was given a 10 day outdoor suspension for theft. He served a three day indoor suspension each for starting a fight on May 31, 1984, and for general disruptive behavior on September 11, 1984. On September 14, 1984, Points walked out of class and on October 4, 1984, he was reprimanded and warned for fighting. He was placed on two days indoor suspension for cutting class on October 25, 1984. Points served two detentions for refusal to be seated, disruptive behavior and disrespect on November 7, 1984. On December 5, 1984, Points was suspended and recommended for alternative school for fighting and creating a general disturbance.

   
   

3. Based on that recommendation for alternative school, Points was assigned to alternative school on December 17, 1984. Because of a paperwork mistake, Points did not go to alternative school and remained at Highland Oaks. In February, 1985, the error was discovered, but Mr. Fontana decided to let Points stay at Highland Oaks because two months had passed and he had no behavior problems in the interim.

   
   

4. Shortly thereafter, Points was warned for failure to dress out for PE class on March 4, 1985. On March 12, 1985, Points was placed on a two day indoor suspension for disrupting the cafeteria by whistling.

5. Finally, on March 28, 1985, Points was suspended from school for ten days for possession of marijuana on the school bus. In fact, no independent evidence was presented regarding Points supposed possession of marijuana. The only evidence was his own statement. By Points' own admission, two other students asked him to roll a marijuana cigarette from marijuana which they gave him. Points did so and gave it back to the other students. He did not smoke marijuana on the bus.

   
   

6. Points has had academic problems at Highland Oaks. He is an exceptional student in Learning Disability classes. As of his last report card, Points received three F's, two D's and one

   B. During the 1984-85 school year, Points was absent 17 days from September 4, 1984 to April 4, 1985. This number does not include his absences for the ten day suspension. Additionally he was also absent on some occasions from particular classes.

   
   

   CONCLUSIONS OF LAW

   
   

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

   
   

8. 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 student'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.

      
      

9. The disciplinary history of Points show "persistent behavior which interferes with" the educational process and "consistent behavior resulting in frequent conflicts of a disruptive nature." Additionally, Points shows unsatisfactory academic progress and the efforts to provide assistance have not been effective.

   
   

10. Finally, Points' rate of absences is so high as to demonstrate a lack of involvement in the regular school program.

While it is recognized that Points' behavior showed some improvement in 1985, Points was clearly unable to sustain that improvement. Even though the three disciplinary incidents in March, 1985 were not all of a serious nature, they are sufficient, in light of his long history, to meet the criteria for placement in the alternative school program. Additionally, Points' lack of success and interest also qualify him for such placement. It is concluded that Points meets the criteria for eligibility for assignment to the alternative school program as set forth in Rule 6A-1.994(2)(a) and (b).

RECOMMENDATION

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

RECOMMENDED that the School Board of Dade County enter a Final Order assigning John Points to the alternative school program at Douglas MacArthur Senior High School-North.

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:

Angela Points 200-178 Drive

Miami Beach, Florida 33160

Frank Harder, Esquire Twin Oaks Building

Suite 100 2780 Galloway Road

Miami, Florida 33165

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: 85-001722

Orders for Case No: 85-001722