STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

SCHOOL BOARD OF DADE COUNTY, )

)

Petitioner, )

)

vs. ) Case No. 85-3864

)

ALEXANDER HARRIS, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice, a formal hearing was held on January 29, 1986, in Miami, Florida, before the Division of Administrative Hearings by its designated Hearing Officer, Diane K. Kiesling.

APPEARANCES

For Petitioner: Frank R. Harder, Esquire

2780 Galloway Road (87th Avenue) Suite 100-Twin Oaks Building Miami, Florida 33165

For Respondent: Essie Harris, Mother of

Alexander Harris Post Office Box 2464 Miami, Florida 33055

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

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

Petitioner presented the testimony of Carol Clemons, teacher; Leonard Bass, teacher; Mindy Mathis, teacher; Roy E. Scott, attendance counselor; Kenneth Jaworski, assistant principal; and Joyce McIntosh, exceptional education teacher. Petitioner had ten exhibits admitted in evidence, Petitioner's Exhibits 1-9 and 11. Respondent presented the testimony of Essie Harris, mother of the student.

The parties waived filing of a transcript. Petitioner waived filing of a proposed order. Respondent was given until February 3, 1986, to file a proposed order. No proposed order was timely filed by Respondent.

FINDINGS OF FACT

1. Alexander Harris was a student at Parkway Junior High School during the 1984-85 and 1985-86 school years until his assignment to the alternative school. He also attended summer school in 1985

   
   

2. For the school year 1984-85, Harris received final grades of F in four classes and C in two classes. The classes he passed were special placements in the exceptional education classes for the learning disabled in mathematics and language arts. Harris attended summer school in 1985 and received a final grade of F for the two classes he took.

   
   

3. Harris has an extensive history of disciplinary problems. On September 13, 1984, he was referred for discipline for class disruption and refusal to do his assignment. On September 18, 1984, he was again referred for constantly causing class disruption. Three days later, on September 21, 1984, he was suspended for three days for throwing juice cartons in the cafeteria during lunch. Harris was again disciplined on October 18, 1984, for refusing to dress out for P.E. and using obscene language in speaking to the teacher. He was suspended for five days on February 11, 1985, for skipping class and running and hiding from the school administrator. On April 3, 1985, Harris was suspended for three days for fighting. Finally, on May 24, 1985, Harris was suspended for ten days and was recommended for expulsion for possession and concealment of a loaded gun on the school campus during school hours. Harris was not expelled, but the recommendation was changed to that at issue in these proceedings.

   
   

   CONCLUSIONS OF LAW

   
   

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

   
   

5. 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 program 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.

      
      

6. The disciplinary history of Harris shows "persistent behavior which interferes with" the educational process and "consistent behavior resulting in frequent conflicts of a disruptive nature." Additionally, his possession of a loaded firearm at school is disruptive behavior which "severely threatens the general welfare of the student and other members of the school population." It is concluded that Harris meets the criteria for eligibility for assignment to the alternative school program as set forth in Rule 6A-1.994(2)(a), Florida Administrative Code.

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 assigning Alexander Harris to the alternative school program at Jan Mann Opportunity School-North.

DONE and ORDERED this 19th day of February, 1986, in Tallahassee, Florida.

DIANE K. KIESLING, Hearing Officer Division of Administrative Hearings The Oakland Building

2009 Apalachee Parkway

Tallahassee, Florida 32399

(904) 488-9675

Filed with the Clerk of the Division of Administrative Hearings this 19th day of February, 1986.

COPIES FURNISHED:

Frank R. Harder, Esquire

2780 Galloway Road (87th Avenue) Suite 100, Twin Oaks Building Miami, Florida 33165

Mrs. Essie Harris, Mother of Alexander Harris

P. O. Box 2464 Miami, Florida 33055

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

Mrs. Maeva Hipps 1415 N.E. 2nd Avenue

Miami, Florida 33136

Docket for Case No: 85-003864

Orders for Case No: 85-003864