STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

WILLIAM BURNETT WASHINGTON, )

o/b/o SHAWN WASHINGTON and )

NIKI WASHINGTON, )

Petitioner, )

)

vs. ) CASE NO. 89-5651

)

THE SCHOOL BOARD OF )

SEMINOLE COUNTY, FLORIDA, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice, final hearing in the above-styled case was held in Sanford, Florida, on December 28, 1989, before Robert D. Meale, Hearing Officer of the Division of Administrative Hearings.

APPEARANCES

The parties were represented at the hearing as follows: For Petitioners: Harry L. Lamb, Jr.

Perry & Lamb, P.A.

135 Wall St. Suite 200 Orlando, FL 32801

For Respondent: Ned N. Julian, Jr.

Stenstrom, McIntosh, Julian, et al.

P.O. Box 1330

Sanford, FL 32772-1330 STATEMENT OF THE ISSUES

The issue in this case is whether Respondent properly withdrew Shawn and Niki Washington from Lake Mary High School and enrolled them in Seminole High School because the two students were not attending the school serving their residential attendance zone.

PRELIMINARY STATEMENT

By letter dated September 21, 1989, Respondent informed Petitioner that his children, Shawn and Niki, were attending Lake Mary High School on the basis of false information. Consequently, the children were being administratively withdrawn from Lake Mary High School and administratively enrolled in Seminole High School, which serves their correct attendance zone. The letter provided Petitioners with a clear point of entry.

By letter dated October 17, 1989, Petitioner requested a formal administrative hearing concerning the administrative reassignment of his two children from Lake Mary High School to Seminole High School.

At the hearing, Petitioner called six witnesses and offered into evidence two exhibits. Respondent called two witnesses and offered into evidence six exhibits. All exhibits were admitted into evidence. At the conclusion of the hearing, Petitioner was given leave to take Petitioner's Exhibit 2, which was Petitioner's driver's license, copy it, and file the copy within ten days. The exhibit was never filed, although the failure to do so is immaterial to the recommendation contained herein. Respondent's Exhibits 2-6 and the transcript of the final hearing are sealed because they contain confidential student information.

The transcript of the final hearing was filed on January 31, 1990.

Respondent filed a proposed recommended order. Treatment accorded the proposed findings is detailed in the appendix.

FINDINGS OF FACT

1. William Burnett Washington's primary residence is 106 Westwind Court, Sanford, Florida. Mr. Washington and his wife, Betty Washington, have jointly owned the house at 106 Westwind Court house for 10 years.

   
   

2. On a highly infrequent basis, Mr. Washington spends the night at 2020 Old Lake Mary Road, Sanford, Florida. This is the primary residence of Mr. Washington's brother, who is normally the sole occupant of the house.

   
   

3. The Westwind Court house is occupied by Mr. Washington, Mrs. Washington, and their children, Shawn Washington, aged 16 years, and Niki, aged

   14 years. Apart from infrequent overnight visits with friends, the Westwind Court home is the exclusive residence of Shawn and Niki.

   
   

4. The Westwind Court house is served by the Seminole High School attendance zone. The Old Lake Mary Road house is served by the Lake Mary High School attendance zone.

   
   

5. At the beginning of the 1989-90 school year, Shawn and Niki were attending Lake Mary High School. By letter dated September 21, 1989, Respondent informed Petitioner that his children were enrolled in Lake Mary High School on the basis of false information. The letter explained that they were being administratively withdrawn from Lake Mary High School and administratively enrolled at Seminole High School.

   
   

   CONCLUSIONS OF LAW

   
   

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

7. Respondent has adopted Policy 4.003, which, in relevant part, provides:

   
   

   All students . . . must attend the school serving the student's residential attendance zone. .

   * * *

   A student's residence shall be defined as the residence of the student's parent(s). If a student's parents are separated, but not subject to a court entered custody order/order of shared parenting, then the parent's home in which the child primarily lives will be considered the student's residence for the purpose of this policy.

   
   

8. Policy 4.003 clearly provides that, in the case of the Washington children, the correct attendance zone is that serving Seminole High School. The children in fact reside in this zone. Even if their parents were physically separated, the proper zone would be the one in which the children primarily live. Again, the proper zone would be that serving Seminole High School.

RECOMMENDATION

Based on the foregoing, it is hereby

RECOMMENDED that the School Board of Seminole County, Florida enter a Final Order confirming the enrollment of Shawn and Niki Washington in Seminole High School.

ENTERED this 22nd day of February, 1990, in Tallahassee, Florida.

ROBERT E. MEALE

Hearing Officer

Division of Administrative Hearings The DeSoto Building

1230 Apalachee Parkway

Tallahassee, Florida 32399-1550

(904) 488-9675

Filed with the Clerk of the Division of Administrative Hearings this 22nd day of February.

APPENDIX TO THE RECOMMENDED ORDER IN CASE NO. 89-5651

Treatment Accorded Proposed Findings of Respondent

1: adopted except that Petitioner primarily resides at 106 Westwind Court. Even if he were to reside primarily at 2020 Old Lake Mary Road, however, the result would be the same because the children primarily reside with their mother.

2-3: adopted.

4: rejected as unsupported by the greater weight of the evidence. The children primarily reside with their mother.

5: adopted.

6-9: rejected as subordinate and recitation of evidence. 10: rejected as irrelevant.

COPIES FURNISHED:

Harry L. Lamb, Jr.

Perry & Lamb, P.A.

135 Wall St. Suite 200 Orlando, FL 32801

Ned N. Julian, Jr.

Stenstrom, McIntosh, Julian, et al.

P.O. Box 1330

Sanford, FL 32772-1330

Robert W. Hughes Superintendent

The School Board of Seminole County, Florida 1211 Mellonville Avenue

Sanford, FL 32772

Betty Castor

Commissioner of Education Department of Education The Capitol

Tallahassee, FL 32399-0400

Docket for Case No: 89-005651

Orders for Case No: 89-005651