STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

SCHOOL BOARD OF DADE COUNTY, )

)

Petitioner, )

)

vs. ) CASE NO. 89-6253

)

TAURIS WILSON, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice, a formal hearing was conducted in this case on January 3, 1990, in Miami, Florida, before Stuart M. Lerner, a duly designated Hearing Officer of the Division of Administrative Hearings.

APPEARANCES

For Petitioner: Jaime C. Bovell, Esquire

1401 Ponce de Leon Boulevard Coral Gables, Florida 33134

For Respondent: Virginia Timmons

103 Northeast 185th Terrace Miami, Florida 33179

STATEMENT OF THE ISSUES

The ultimate issue in the instant case is whether Respondent should be administratively reassigned to Petitioner's alternative education/disciplinary program at Jan Mann Opportunity School-North.

PRELIMINARY STATEMENT

By letter dated August 25, 1989, Respondent's mother, Virginia Timmons, was notified by Petitioner that a decision had been made to reassign Respondent to Jan Mann Opportunity School- North because of his "disruption of the educational process in the regular school program and failure to adjust to the regular school program." The letter further advised Timmons that she had the right to request a hearing regarding this reassignment. Timmons requested such a hearing and, on November 15, 1989, the matter was referred to the Division of Administrative Hearings for the assignment of a Hearing Officer to conduct the hearing Timmons had requested.

At hearing, Petitioner presented the testimony of six witnesses: three of Respondent's classmates at Norland Middle School; Lee Jones, one of Respondent's teachers at the school; Herb Latal, an administrative aide at the school responsible for administering discipline to sixth and seventh graders; and Freddie Robinson, the school's Assistant Principal. In addition to the testimony of these witnesses, Petitioner offered four exhibits into evidence,

all of which were received. Three witness testified on behalf of Respondent: Respondent; his mother; and Vincent McIntyre, the minister of the church Respondent and his mother attend.

At the close of the hearing on January 3, 1990, the Hearing Officer announced on the record that post-heading pleadings had to be filed with the Hearing Officer on or before January 23, 1990. On January 17, 1990, Petitioner filed a motion requesting that the Hearing Officer relinquish jurisdiction inasmuch as Respondent is no longer "a student within the District of the Dade County Public Schools, and he cannot be compelled to attend an alternative school placement within the district." To date, no other post-hearing pleadings have been filed by either party.

FINDINGS OF FACT

Based upon the record evidence, the Hearing Officer makes the following Findings of Fact:

1. Norland Middle School is a public school operated by Petitioner.

   
   

2. Respondent was previously a student at Norland Middle School.

   
   

3. While a student at Norland Middle School, Respondent was involved in an incident in August, 1989, which caused Petitioner to initiate action to reassign him to the alternative education/disciplinary program at Jan Mann Opportunity School-North.

   
   

4. Thereafter, in September, 1989, Respondent moved with his mother from Dade County to Broward County and enrolled at Hallandale High School, a school operated by the School District of Broward County.

   
   

   CONCLUSIONS OF LAW

   
   

5. A public school student may be involuntarily assigned to an alternative education/disciplinary program in lieu of a regular school program by the school board of the district in which he resides if the "student has a history of disruptive behavior in school or has committed an offense which warrants suspension or expulsion according to the district code of student conduct." Section 230.2316(4)(d)1, Florida Statutes.

   
   

6. Petitioner is without authority to take such action against Respondent, however, inasmuch as Respondent has moved from Dade County and enrolled in a public school in the county of his new residence. Accordingly, Petitioner should terminate its efforts to finalize the reassignment of Respondent to its alternative education/disciplinary program and dismiss the instant proceedings.

RECOMMENDATION

Based upon the foregoing Findings of Fact and Conclusions of Law, it is hereby

RECOMMENDED that Petitioner enter a final order dismissing the instant proceedings on the ground that Respondent, as a resident of Broward County, is no longer subject to Petitioner's jurisdiction.

DONE AND ENTERED in Tallahassee, Leon County, Florida, this 30th day of January, 1990.

STUART M. LERNER

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 30th day of January, 1990.

COPIES FURNISHED:

Jaime C. Bovell, Esquire 1401 Ponce de Leon Boulevard Coral Gables, Florida 33134

Virginia Timmons

103 Northeast 185th Terrace Miami, Florida 33179

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

Russell W. Wheatley, Assistant Superintendent Office of Alternative Education

1450 Northeast Second Avenue Miami, Florida 33132

Honorable Betty Castor Commissioner of Education The Capitol

Tallahassee, Florida 32399-0400

Docket for Case No: 89-006253

Orders for Case No: 89-006253