STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

SCHOOL BOARD OF DADE COUNTY, )

)

Petitioner, )

)

vs. ) CASE NO. 85-1850

)

JAVIER MANUEL CEPERO, )

)

Respondent. )

)

RECOMMENDED ORDER

Upon due notice, this cause came on for formal hearing before Ella Jane P. Davis, the assigned Hearing Officer of the Division of Administrative Hearings on August 16, 1985 in Miami, Florida.

After waiting 15 minutes, no parent or representative for the student appeared at the formal hearing.

APPEARANCES

For Petitioner: Mark A. Valentine, Esquire

3050 Biscayne Boulevard Suite 800

Miami, Florida 33137 For Respondent: None.

By a January 18, 1985 letter of assignment, the School Board of Dade County assigned the student Javier Manuel Cepero to Youth Opportunity School, an alternative school placement.

By a May 16, 1985 letter, the parents requested a review of this placement.

Petitioner called as its sole witness Allan Bonilla and offered no exhibits. No transcript was provided and the undersigned was advised that no proposed findings of fact and conclusions of law would be forthcoming.

FINDINGS OF FACT

1. Allan Bonilla, currently principal of Rivera Junior High School, was one of at least two assistant principals who attempted to work with Javier Manuel Cepero during the 19841985 regular school year. He has been employed four years at that facility.

   
   

2. Mr. Bonilla is personally familiar with Javier and took part in the administrative placement of Javier in an alternative program. The basis for this alternative placement was both Javier's academic needs and his disruptive behavior.

   
   

3. Javier was suspended for five days outdoors in October 1984 for vandalism.

   
   

4. Javier was repeating the 7th grade at Rivera Junior High School in the 19841985 school year and evidenced disruptive behavior in most classroom situations. This disruptive behavior was observed primarily in instances of direct defiance of teacher authority, tardy arrivals which disrupted classwork continuity, and talking out at the wrong time in class. As a result of these types of disruptive behavior, Javier was assigned short indoor suspensions during the months of October and November 1984.

   
   

5. In January 1985, Javier disrupted his math class by flatly refusing to work and requested indoor suspension.

   
   

6. Mr. Bonilla called the parents in connection with most of these suspensions, which were resulting in poor or failing grades for Javier by January 1985. Mr. Cepero came to the school to discuss Javier's problems on one occasion and the then principal called Mrs. Cepero on another occasion. He was made aware of some family problems contributing to behavior problems.

   
   

7. Mr. Bonilla recommended the alternative school placement in January 1985, feeling that a small class with individualized attention would be an effective approach toward correcting Javier's academic problems as well as his disruptive behavior. Mr. Bonilla hoped a new school would get rid of Javier's growing bad reputation. He has received no notice concerning results of the customary annual review of Javier's placement due to be conducted some time before start of the 19851986 school year.

   
   

   CONCLUSIONS OF LAW

8. It is curious that the School Board forwarded this case to the Division of Administrative Hearings in light of the discrepancy of time between the January 18, 1985 placement and the May 16, 1985 letter requesting review. However, in light of the contents of that parental request, the undersigned has viewed the May 16, 1985 letter as a request for review of continued placement for the 19851986 school year.

   
   

9. The foregoing findings demonstrate that on January 18, 1985 Javier Manuel Cepero met all of the criteria for eligibility for an alternative school placement set out in Section 6A1.994(2)(a) and (b), Florida Administrative Code.

(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 tests 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.

There was no evidence offered to suggest that Javier no longer meets these qualifications. Accordingly,

RECOMMENDATION

Upon the foregoing findings of fact and conclusions of law, it is recommended that the School Board enter a final order continuing the alternative placement of Javier Manuel Cepero at Youth Opportunity School until such time as an annual or other evaluation indicates other appropriate assignment.

DONE AND ENTERED the 28th day of August, 1985, at Tallahassee, Florida.

ELLA JANE P. DAVIS

Division of Administrative Hearings The Oakland Building

2009 Apalachee Parkway

Tallahassee, Florida 32301

(904) 4889675

Filed with the Clerk of the Division of Administrative Hearings this 28th day of August, 1985.

COPIES FURNISHED:

Mark A. Valentine, Esquire Assistant Board Attorney 3050 Biscayne Boulevard

Suite 800

Miami, Florid 33137

Phyllis O. Douglas, Esquire 1410 N. E. Second Avenue Miami, Florida 33132

Mr. Javler Cepero

6031 S. W. 109th Court Miami, Florida 33173

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

Docket for Case No: 85-001850

Orders for Case No: 85-001850