Judges: W. MATTHEW STEVENSON
Agency: County School Boards
Latest Update: Oct. 14, 1986
Summary: Assignment to alternative school affirmed. Respondent habitually disruptive, refused to follow instructions and engaged in conflicts with teachers.
86-2537.PDFSTATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
SCHOOL BOARD OF DADE COUNTY, )
)
Petitioner, )
)
vs. ) CASE NO. 86-2537
)
JANET F. ROBINSON, )
)
Respondent. )
)
RECOMMENDED ORDER
Pursuant to notice, the Division of Administrative Hearings, by its duly designated Hearing Officer, W. Matthew Stevenson, held a formal hearing in this cause on September 17, 1986, in Miami, Florida. The following appearances were entered:
APPEARANCES
For Petitioner: James C. Bovell, Esquire
1401 Ponce de Leon Boulevard Coral Gables, Florida 33134
For Respondent: (no appearance)
The issue in this case is whether the Respondent, Janet F. Robinson, should be assigned to the Dade County School Board's Opportunity School Program at Jan Mann Opportunity School-North.
PROCEDURAL BACKGROUND
During the 1985-86 school year, Respondent was enrolled at Norland Middle School, a school within the Dade County School System. By letter dated June 10, 1986, the Petitioner notified the Respondent's parents that Respondent was being administratively assigned to the Jan Mann Opportunity School- North. The Respondent's mother filed a timely request for a formal hearing on the assignment, and the matter was forwarded to the Division of Administrative Hearings for further proceedings.
At the final hearing, Petitioner presented the testimony of the following personnel of the Norland Middle School: Beth Casenhiser, teacher; Ruby Hudson, teacher; Jackie Miller, counselor; David Howard, security monitor; and Kenneth McCard, assistant principal. In addition, Petitioner's exhibits 1 through 22 were duly offered and admitted into evidence. The Petitioner submitted post- hearing proposed findings of fact. A ruling has been made on each proposed finding of fact in the Appendix to this Recommended Order.
FINDINGS OF FACT
During the 1985-86 school year, the Respondent, Janet Robinson, was a seventh grade student at Norland Middle School.
During the 1985-86 school year, the Respondent accumulated an excessive amount of absences from all six of her classes. The Respondent was absent 36 times from her language arts class, 40 times from her business education class,
32 times from her mathematics class, 36 times from her physical education class,
44 times from her science class and 46 times from her home economics class. In each of her classes, the Respondent received an "F" as a final academic grade. In each class, the Respondent consistently received ratings of "3" for effort. A "3" is the lowest rating possible for effort.
When a teacher or other staff member at Norland Middle School has difficulty with a student's behavior, the teacher or staff member may submit a report of the incident to the front office. The reports are called Student Case Management Referral Forms and are reserved for serious behavior problems.
During the 1985-86 school year, 19 Student Case Management Referral Forms were written regarding Respondent's behavior.
On July 31, 1985, a Student Case Management Referral Form was written because Respondent was consistently tardy to class and was disruptive after she arrived. The Respondent was suspended from class for two days.
On September 13, 1985, a Student Case Management Referral Form was written because Respondent was involved in a fight, which she provoked. The Respondent was suspended from school for three days.
On October 21, 1985, a Student Case Management Referral Form was written because Respondent constantly talked out loudly in class, argued with her teacher, and was tardy to class on numerous occasions.
On November 5, 1985, a Student Case Management Referral Form was written because Respondent was tardy to her physical education class, refused to "dress out" in the appropriate attire and continued to walk around after being told to sit down.
On November 14, 1985, a Student Case Management Referral Form was written because Respondent was singing and talking out loudly in class. The Respondent was suspended from school for three days.
On November 20, 1985, a Student Case Management Referral Form was written because Respondent was disruptive in class and left the room without permission.
On December 2, 1985, a Student Case Management Referral Form was written because Respondent refused to "dress out" on numerous occasions for her physical education class. The Respondent was suspended from school for three days.
On December 9, 1985, a Student Case Management Referral Form was written because Respondent continued to refuse to dress properly for her physical education class. The Respondent was suspended for three days.
On December 20, 1985, a Student Case Management Referral Form was written because Respondent did not serve administrative detention as requested and was disrespectful to the assistant principal. The Respondent was suspended for three days.
On January 9, 1986, a Student Case Management Referral Form was written because Respondent was belligerent and argumentative when she was stopped in the hall way by a staff official who was checking for hall passes.
On January 30, 1986, a Student Case Management Referral Form was written by a substitute teacher because Respondent was disruptive in class.
On February 19, 1986, a Student Case Management Referral Form was written because Respondent refused to dress properly for her physical education class and was rude to her teacher.
On March 27, 1986, a Student Case Management Referral Form was written because Respondent was involved in a fight, which she provoked. The Respondent was suspended for three days.
On April 14, 1986, a Student Case Management Referral Form was written by a substitute teacher because the Respondent was disruptive in class. The Respondent was assigned to a special counseling program.
On April 22, 1986, a Student Case Management Referral Form was written because Respondent displayed a negative attitude in class, refused to bring books or materials to work with, repeatedly asked to use the bathroom and left the class without permission. Respondent was suspended for three days.
On April 22, 1986, a second Student Case Management Referral Form was written because Respondent refused to cooperate in class, was inattentive and displayed a very negative attitude.
On May 2, 1986, a Student Case Management Referral Form was written because the Respondent was tardy to class.
On May 20, 1986, a Student Case Management Referral Form was written because Respondent was found on the school grounds during a period in which she was suspended from school. The Respondent received five additional days of suspension.
On May 23, 1986, a Student Case Management Referral Form was written because Respondent was tardy to class, disruptive and refused to participate in the classroom lesson.
Ms. Beth Casenhiser is an English teacher at Norland Middle School. During the 1985-86 school year, the Respondent was a student in Ms. Casenhiser's class. The Respondent did not seem to want to work and did not bring her materials to class. The Respondent would talk out loudly in class, search through her purse, call to students across the room and walk around during class. The Respondent refused to follow instructions or do any work in class. Attempts by Ms. Casenhiser to correct Respondent usually resulted in a strong verbal confrontation and open defiance.
Ms. Ruby Hudson teaches business education at Norland Middle School. During the 1985-86 school year, the Respondent was a student in one of her classes. The Respondent consistently refused to bring her books or other
materials to class. The Respondent was consistently inattentive and talkative in class. The Respondent refused to do any work, repeatedly arrived late and unprepared, and generally demonstrated a negative attitude.
Ms. Jackie Miller, a student counselor at Norland Middle School, spoke with the Respondent on many occasions. Based on Respondent's record from her elementary school, Ms. Miller had targeted Respondent as a person to be given special attention and counseling. The Respondent usually left the counseling sessions with Ms. Miller with a good attitude but failed to follow through on her commitments to perform better in her classes. Nothwithstanding the numerous conferences with Respondent and the Respondent's mother, the Respondent continued her disruptive behavior. Ms. Miller believes that the Respondent would benefit from an alternative school placement because of its smaller student/teacher ratio and system of short term positive rewards.
Mr. Kenneth McCard, assistant principal, made numerous attempts to counsel Respondent regarding her behavior. During a conference with Respondent and her mother, the Respondent made a written commitment to improve her behavior and performance in school. Despite these efforts and repeated reminders by Mr. McCard of Respondent's written commitment, Respondent's classroom performance and conduct remained unchanged.
During the 1985-86 school year, the Respondent was suspended from school on ten separate occasions.
CONCLUSIONS OF LAW
The Division of Administrative Hearings has jurisdiction over the parties to, and the subject matter of, these proceedings. Section 120.57(1), Florida Statutes.
Education alternative programs have been established by the legislature for students who are not successful in a regular school environment because of disruptive behavior and/or lack of interest or success. Pursuant 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 rater of absences". Section 23.2315(4), Florida Statutes (1985). The criteria for determining whether a student is eligible for such a placement is set forth in Rule 6A-1.994(2), Florida Administrative Code, which provides in relevant part as follows:
Criteria For Eligibility.
A student may be eligible for an educational alternative program if the student meets one or more of the criteria prescribed below as determined by grades, achievement test scores, referrals for suspen- sion or other disciplinary action, and rate of absences.
DISRUPTIVE A student who:
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
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
Displays disruptive behavior which severely threatens the general welfare of the student or other members of the school population;
* * *
UNSUCCESSFUL OR DISINTERESTED A student who:
Demonstrates a lack of sufficient involvement in the tra- ditional school program to achieve success because interests, needs or talents are not being addressed; or
Shows unsatisfactory academic progress and the effort to provide assistance is either rejected or is ineffective.
The Petitioner has met its burden of proving that Respondent meets the criteria to qualify as a student that is disruptive and/or unsuccessful or disinterested as defined in Rule 6A-1.994(2), Florida Administrative Code. The record amply demonstrates that Respondent's poor academic performance was primarily due to her excessive absences, habitual disruptive conduct requiring interruption of classroom lessons, refusal to do school work, refusal to follow instructions, inability to respond to counseling and other assistance, and her obvious need for a more structured school environment and specialized attention. The Respondent consistently engaged in disruptive behavior creating frequent conflicts and confrontation with teachers and other school personnel. As a result, Respondent was referred numerous times for suspensions and other disciplinary actions.
The Petitioner has met its burden of proving that Respondent is a disruptive, disinterested or unsuccessful student in a normal school environment. Accordingly, the assignment of Respondent to an alternative school was appropriate and in fulfillment of Petitioner's duty to offer an educational alternative program to Respondent.
RECOMMENDATION
Based on the foregoing Findings of Fact and Conclusions of Law, it is, RECOMMENDED:
That Petitioner enter a Final Order affirming the assignment of Respondent to Jan Mann Opportunity School-North.
DONE AND ORDERED this 14th day of October, 1986, in Tallahassee, Florida.
W. MATTHEW STEVENSON 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 14th day of October, 1986.
APPENDIX TO RECOMMENDED ORDER IN CASE NO. 86-2537
Rulings on Proposed Findings of Fact Submitted by the Petitioner
Adopted in Finding of Fact 1.
Adopted in Finding of Fact 2.
Adopted in Finding of Fact 2.
Adopted in Finding of Facts 3-22.
Adopted in Finding of Fact 23.
Adopted in Finding of Fact 24.
Adopted in Finding of Fact 16.
Adopted in Finding of Fact 25.
Adopted in Finding of Fact 26.
COPIES FURNISHED:
James G. Bovell, Esquire 1401 Ponce de Leon Blvd. Coral Gables, Florida 33134
Mr. & Mrs. Guy Robinson 19331 N.W. 7th Avenue Miami, Florida 33169
Madelyn P. Schere, Esquire Assistant School Board Attorney The School Board of Dade County Board Administration Building Suite 301
1450 N.E. Second Avenue Miami, Florida 33132
Honorable Ralph D. Turlington Commissioner of Education The Capitol
Tallahassee, Florida 32301
Judith Brechner, Esquire General Counsel Department of Education Knott Building
Tallahassee, Florida 32301
Dr. Leonard Britton Superintendent of Schools Dade County Public Schools Board Administration Bldg. 1450 Northeast Second Avenue Miami, Florida 33132
Docket for Case No: 86-002537
Orders for Case No: 86-002537
| Issue Date |
Document |
Summary |
|
Nov. 05, 1986 |
Agency Final Order
|
|
|
Oct. 14, 1986 |
Recommended Order
|
Assignment to alternative school affirmed. Respondent habitually disruptive, refused to follow instructions and engaged in conflicts with teachers.
|
