STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

SCHOOL BOARD OF DADE COUNTY, )

)

Petitioner, )

)

vs. ) CASE NO. 87-2059

)

EDDIE IZQUIERDO, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice, a final hearing in the above-styled matter was held on September 2, 1987, at Miami, Florida, before Joyous Parrish, a duly designated Hearing Officer of the Division of Administrative Hearings. The parties were represented at the hearing as follows:

APPEARANCES

For Petitioner: Frank R. Harder, Esquire

175 Fontainebleau Boulevard, Suite 2A-3 Miami, Florida 33172

For Respondent: Mrs. Alina Izquierdo

4820 East Tenth Avenue Hialeah, Florida 33013

BACKGROUND AND PROCEDURAL MATTERS

On March 27, 1987, the Petitioner advised the Respondent's father, Crescencio Izquierdo, that the student, Eddie Izquierdo, had been administratively assigned to Jan Mann Opportunity School-North in accordance with a recommendation of the principal and the screening committee of the Department of Alternative Education Placement. By request dated April 16, 1987, the Respondent's mothers Alina Izquierdo, requested a formal hearing on this assignment, and the case was forwarded to the Division of Administrative Hearings for formal proceedings

At the final hearing, Petitioner presented the testimony of the following witnesses: Sonja Young, a seventh grade social studies teacher at Hialeah Junior High School, and Ronald Coyle, an Assistant Principal at the same school. In addition, Petitioner's exhibits 1 through 3 were admitted into evidence. The Respondent was present accompanied by his mother at the final hearing. Mrs.

Izquierdo testified on behalf of her son.

After the hearing, neither party filed a Proposed Recommended Order. No transcript of the proceedings was made.

ISSUE

The central issue in this case is whether the Respondent, Eddie Izquierdo, should be placed in the Dade County School Board's opportunity school program due to his alleged disruptive behavior and failure to adjust to the regular school program.

FINDINGS OF FACT

Based upon the testimony of the witnesses and the documentary evidence received at the hearing, I make the following findings of fact:

1. During the 1986-87 academic year, Respondent attended Hialeah Junior High School in Dade County, Florida.

   
   

2. Respondent's grades for the 1986-87 school year, the first two grading periods, were as follows:

   
   

   COURSE ACADEMIC EFFORT CONDUCT GRADE

   
   

   Mathematics 1st D 2 C

   2D F 3 F

   Physical 1st F 3 F

   Education 2d F 3 F

   Civics 1st F 3 D

   2d F 3 C

   Drama 1st F 3 F

   2d F 3 F

   English 1st F 3 C

   2d C 2 C

   Life 1st F 3 B

   Science 2d D 3 B SYMBOLS:

   GRADE "F" UNSATISFACTORY EFFORT "3" INSUFFICIENT CONDUCT "C" SATISFACTORY CONDUCT "D" IMPROVEMENT NEEDED CONDUCT "F" UNSATISFACTORY

   
   

3. Respondent was administratively assigned to the opportunity school on March 27, 1987. Respondent did enroll at the opportunity school and did attend classes. Respondent's attitude and class work improved at the opportunity school due to the smaller classes and structured system. Respondent did not want to continue at the opportunity school because of violent fights which occurred on the bus or at the bus stop.

   
   

4. When a student is disruptive or misbehaves in some manner, a teacher or other staff member at Hialeah Junior High School may submit a report of the incident to the office. These reports are called Student Case Management Referral forms and are used for behavior problems. During the first two grading periods of the 1986-87 school year Respondent caused nineteen Student Case Management Referral Forms to be written regarding his misbehavior. All incidents of his misbehavior were not reported. A synopsis of Respondent's Student Case Management Forms is attached and made a part hereof.

5. Sonja Young is a seventh grade social studies teacher at Hialeah Junior High School in whose class Respondent was enrolled. While in Ms. Young's class, Respondent was persistently disruptive. Respondent was habitually tardy and unprepared for Ms. Young's class. Respondent was tardy on the average of every other to every third day of class. Despite repeated warnings from Ms. Young, Respondent's conduct did not improve. Ms. Young caught Respondent sleeping on at least one occasion. Respondent's tardy entrances would disrupt the class as would his persistent loud talking.

   
   

6. Ronald Coyle is an Assistant Principal at Hialeah Junior High School. Mr. Coyle's responsibilities include the discipline of students and attendance. Mr. Coyle received the Student Case Management Referral Forms that were submitted for Respondent and counseled with him in an effort to improve Respondent's conduct. Mr. Coyle directed Mr. Morales, a guidance counselor, to advise Mrs. Izquierdo of the problems regarding Respondent's conduct and grades. Mr. Morales conducted the parent advisory sessions because he speaks Spanish. The conferences with Respondent and his mother did not result in any changed behavior on Respondent's part.

   
   

   CONCLUSIONS OF LAW

   
   

7. The Division of Administrative Hearings has jurisdiction over the parties and the subject matter of these proceedings.

   
   

8. 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 Section 230.2315(4), Florida Statutes, 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 rate of absences." The criteria for determining whether a student is eligible for placement in the alternative program 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 described 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;

      * * *

   2. Unsuccessful or Disinterested. A student who: (1) demonstrates a lack of sufficient involvement in the traditional school program to achieve success because interest, 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.

      
      

      Respondent meets the criteria to qualify as a student who is disruptive and/or unsuccessful or disinterested, as defined in Rule 6A-1.0884, Florida Administrative Code. The Respondent habitually engaged in disruptive conduct requiring the interruption of classroom lessons. Despite the efforts of school personnel and Respondent's mother to modify his attitude and improve his behavior, he continued to interfere with the proper functioning of teachers and the education of other students.

      
      

9. He showed unsatisfactory academic progress and the effort to provide assistance was either rejected or ineffective. 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 him an Educational Alternative Program.

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 25th day of September, 1987, in Tallahassee, Florida.

JOYOUS D. PARRISH

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 25th day of September, 1987.

COPIES FURNISHED:

Frank R. Harder, Esquire 8360 West Flagler Street Suite 205

Miami, Florida 33144

Mrs. Alina Izquierdo 4820 East Tenth Avenue Hialeah, Florida 33013

Madelyn P. Schere, Esquire Assistant School Board Attorney Board Administration Building 1450 Northeast Second Avenue Miami, Florida 33132

Ronald Coyle, Assistant Principal Hialeah Junior High School

6027 East Seventh Avenue Hialeah, Florida 33013

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

SYNOPSIS OF STUDENT CASE MANAGEMENT REFERRAL FORMS

3/3/87 tardy parent contact attempted, written notice

3/4/87 tardy parent contact attempted, written notice

3/5/87 skipping class, indecent language, disruptive behavior, prevented other students from doing work

3/11/98 9 unexcused tardies, refusal to complete

work and homework, talks all the time, either sleeping or causing problems, given failure notices

3/20/87 disruptive, throws sent

books around class opportunity

school letter

3/23/87 banging on plastic parent

window in hall- contacted vandalism

Docket for Case No: 87-002059

Orders for Case No: 87-002059