STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

JAMES MORGAN, )

)

Petitioner, )

)

vs. ) CASE NO. 87-4130

)

DR. THOMAS L. RICHEY, )

SUPERINTENDENT OF COLLIER )

COUNTY SCHOOLS, )

)

Respondent. )

)

RECOMMENDED ORDER

Consistent with the Notice of Hearing furnished to the parties by the undersigned on September 28, 1987, a hearing was held in this case before Arnold

1. Pollock, a Hearing Officer with the Division of Administrative Hearings in Naples, Florida on December 9, 1987. The issue for consideration was whether Petitioner should be granted an out of zone assignment to Barron Collier High School.

   
   

   APPEARANCES

   
   

   For Petitioner: Frank P. Murphy, Esquire

   Murphy, Cody, and Levy

   850 Central Avenue, Suite 300

   Naples, Florida 33940-6036

   
   

   For Respondent: James H. Siesky, Esquire

   Siesky & Lehman, P.A.

   791 10th Street South, Suite B Naples, Florida 33940-6725

   
   

   BACKGROUND INFORMATION

   
   

   On October 22, 1986, the Petitioner filed a Petition with the Superintendent of Schools in Collier County requesting that he be given an out of zone school assignment. After court action resulted in remand of the matter to the Superintendent of Schools with instructions to refer the matter for formal administrative hearing, on September 9, 1987, the case was forwarded to the Division of Administrative Hearings for appointment of a Hearing Officer and on September 28, 1987, the undersigned, to whom the case had been assigned, set the case for hearing.

   
   

   No witnesses were called for either side. A transcript was not provided and neither party submitted Proposed Findings of Fact.

   FINDINGS OF FACT

   
   

   1. The parties entered into a stipulation to the effect that the Respondent, Dr. Thomas L. Richey, Superintendent of Collier County Schools, and the Chiller County School Board, does not admit that Petitioner, James Morgan is qualified for out of zone assignment to Barron Collier High School. However, due to his performance record over the past two school years, 1986-1987 and

      1987-1988, the school system believes that it is in his best interests that he not be moved at this time and that he be permitted to continue his education at Barron Collier High School through completion of academic requirements and the award of a high school diploma.

      
      

      CONCLUSIONS OF LAW

      
      

   2. The Division of Administrative Hearings has jurisdiction over the parties and subject matter in this case. Section 120.57(1), Florida Statutes.

      
      

   3. The parties having stipulated to a resolution of the matter, there remains no disputed issue of material fact for determination by the Hearing Officer, and it appearing that the authority for settlement as proposed lies with the Superintendent of Schools, the settlement should be approved.

RECOMMENDATION

Based on the foregoing Findings of Fact and Conclusions of Law, it is, therefore,

RECOMMENDED that the School Board of Collier County accept the stipulation as presented and enter a Final Order consistent with the terms thereof, permitting Petitioner to remain a student at Barron Collier High School through his graduation.

RECOMMENDED this 20th day of January, 1988, at Tallahassee, Florida.

ARNOLD H. POLLOCK, 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 20th day of January, 1988.

COPIES FURNISHED:

Thomas L. Richey, Superintendent Collier County Public Schools 3710 Estey Avenue

Naples, Florida 33942

Frank P. Murphy, Esquire

850 Central Avenue, Suite 300

Naples, Florida 33940-6036

James H. Siesky, Esquire

791 Tenth Street South, Suite B Naples, Florida 33940-6725

Docket for Case No: 87-004130

Orders for Case No: 87-004130