STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

SCHOOL BOARD OF DADE COUNTY, )

)

Petitioner, )

)

vs. ) CASE NO. 87-3107

)

DORA CONTRERAS, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice, a final hearing in the above-styled matter was held on September 9, 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

Fontainebleau Office Park Plaza

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

For Respondent: No Appearance

BACKGROUND AND PROCEDURAL MATTERS

On June 12, 1987, the Petitioner advised the Respondent's parents that the student, Dora Contreras, had been administratively assigned to Youth Opportunity School-South in accordance with a recommendation of the principal and the screening committee of the Department of Alternative Education Placement. By request dated June 26, 1987, the Respondent's father, Rolando Contreras, 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: Gladys Trapaga, Delores Robinson, and Mary Mason; all of whom are employed at Homestead Junior High School. In addition, Petitioner's exhibits 1 and 2 were admitted into evidence. The Respondent was not present and no one appeared on her behalf.

There was no transcript of the proceedings and no Proposed Recommended Orders were filed.

ISSUE

The central issue in this cause is whether the Respondent, Dora Contreras, should be placed in the Dade County School Board's opportunity school program due to her 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 Homestead Junior High School in Dade County, Florida.

   
   

2. Respondent (date of birth: 14-7-73) was enrolled in the eighth grade in a program known as "UPBEAT." This program was designed for special needs to provide a smaller student/teacher ratio. Respondent was placed in the program due to her history of unsatisfactory attendance, grades, and conduct.

   
   

3. Respondent's grades for the 1986-87 school year were not satisfactory. As the year progressed her academic grades dropped, her effort became insufficient, and her conduct became worse.

   
   

4. Because the UPBEAT program proved unsuccessful in meeting her needs, Respondent was administratively assigned to the opportunity school on June 12, 1987.

   
   

5. When a student is disruptive or misbehaves in some manner, a teacher or other staff member at Homestead 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 time she attended Homestead Junior High School, Respondent caused six Student Case Management Referral Forms to be written regarding her misbehavior. More Referral Forms would have been issued had Respondent not been in the special UPBEAT program.

   In that program teachers attempted to work with the students on a one-to-one basis without the school administration becoming involved. Consequently, all incidents of her misbehavior were not reported. A synopsis of Respondent's Student Case Management Referral Forms is attached and made a part hereof.

   
   

6. Gladys Trapaga is a mathematics teacher at Homestead Junior High School in whose class Respondent was enrolled. While in Ms. Trapaga's class, Respondent was persistently disruptive. Respondent was not prepared for class and refused to do both homework and in-class assignments. Respondent was disrespectful and rude as evidenced by her making faces and slamming things. Ms. Trapaga contacted Respondent's parents but the conduct did not improve. When not working on her makeup, Respondent would sit in class writing notes or talking and laughing.

   
   

7. Delores Robinson is the assistant principal at Homestead Junior High School. Her duties include discipline, guidance, and attendance. Ms. Robinson knew Respondent during the 1985-86 and 1986-87 school years because of Respondent's poor academic record and her attendance problems. Ms. Robinson found Respondent to be a defiant student, but had attempted to substitute counseling for suspension in an effort to keep Respondent in school. Respondent's truancy record and lack of academic success caused her to be placed in the UPBEAT program. Ms. Robinson attended Respondent's child study team

   meeting. This meeting was held for the purpose of making a recommendation as to how the school system could best address Respondent's truancy, academic, and conduct problems. In attendance were a counselor, teachers who had had Respondent, and a psychologist, along with Respondent and her parents. The school personnel agreed it would not be appropriate for Respondent to remain in a regular school program. During this meeting Respondent would not participate, instead she chose to stare at the wall throughout the session.

   
   

8. Mary Mason is a counselor at Homestead Junior High School. During the 1986-87 school year Ms. Mason counseled with Respondent and attempted to help her. Ms. Mason had met with Respondent's father, but little progress was made and there was no real improvement in Respondent's grades or conduct.

   
   

   CONCLUSIONS OF LAW

   
   

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

   
   

10. 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(14), 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.

       
       

11. Respondent meets the criteria to qualify as a student who is disruptive and/or unsuccessful or disinterested, as defined in Rule 6A-1.08814, Florida Administrative Code. The Respondent habitually engaged in disruptive conduct requiring the interruption of classroom lessons. Despite the efforts of school personnel, including contact with Respondent's parent to modify her attitude and improve her behavior, Respondent continued to interfere with the proper functioning of teachers and the education of other students.

    
    

12. Respondent 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 her 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 Youth Opportunity School-South.

DONE and ORDERED this 8th day of October, 1987, in Tallahassee, Florida.

JOYOUS D. PARRISH

Hearing Officer

Division of Administrative Hearings The Oakland Building

2009 Apalachee Parkway

Tallahassee, Florida 32399-1550

(904) 488-9675

Filed with the Clerk of the Division of Administrative Hearings this 8th day of October, 1987.

SYNOPSIS OF STUDENT CASE MANAGEMENT REFERRAL FORMS

DATE INCIDENT DISCIPLINE

014/23/85 writing on girls

restroom wall/door

05/28/85 continuous class indoor

cut suspension

10/214/86 witness claimed advised Respondent was smoking father marijuana at bus stop of

accusation 04/03/87 continued defiance outdoor

suspension- contact made

04/04/87 truant - off campus taken to

indoor suspension-

parent contacted

05/28/87 smoking marijuana outdoor in girls restroom suspension

contact parents

COPIES FURNISHED:

Frank R. Harder, Esquire Fontainebleau Office Park Plaza

175 Fontainebleau Boulevard Suite 2A-3

Miami, Florida 33172

Madelyn P. Schere, Esquire Assistant School Board Attorney Board Administration Building 11450 Northeast Second Avenue Miami, Florida 33132

Mr. and Mrs. Rolando Contreras

11450 Northeast 2nd Avenue, Room 1401

Miami, Florida 33132

Dr. Leonard Britton Superintendent of Schools Dade County Public Schools Board Administration Building 11450 Northeast Second Avenue Miami, Florida 33132

Docket for Case No: 87-003107

Orders for Case No: 87-003107