Findings Of Fact Petitioner presented school records which detail Respondent's school adjustment problems over the three years preceding her assignment to MacArthur High School North as a disruptive student. This record indicates numerous incidents of cursing school officials, refusing instructions and cutting classes. Her parents were aware of 23 of the 29 documented incidents and had participated in her counseling by Petitioner. Respondent, who is now 17, has refused the assignment to the alternative school and has remained at home for over four months. Both the student and her parents believe she should be receiving vocational training rather than academic or alternative school placement. Petitioner agreed to remove Respondent's restriction against vocational training and drop its requirement that she attend alternative school if she and her parents agree that she will not attempt to return to the regular academic program. Respondent and her parents have accepted this condition and will proceed with vocational counseling and/or placement in the Dade County School System as soon as this proceeding is concluded.
Recommendation Based upon the foregoing, it is RECOMMENDED: That Petitioner enter a Final Order classifying Respondent as a disruptive student, but permitting her placement in a vocational training program on condition that she not attempt to re-enroll in a regular academic program. DONE and ENTERED this 26th day of April, 1983, in Tallahassee, Florida. R. T. CARPENTER, 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 26th day of April, 1983. COPIES FURNISHED: Mark Valentine, Esquire 3000 Executive Plaza 3050 Biscayne Boulevard Miami, Florida 33137 Mr. & Mrs. Wilbert Stanley 4723 Northwest 192 Street Miami, Florida 33055 Dr. Leonard M. Britton, Superintendent Dade County Public Schools Lindsey Hopkins Building 1410 Northeast Second Avenue Miami, Florida 33132
Findings Of Fact At all time relevant hereto, respondent, Anthony Newkirk, was a student at Thomas Jefferson Junior High School (TJJHS) in Dade County, Florida during school years 1984-85 and 1985-86. The school is under the jurisdiction of petitioner, School Board of Dade County (Board). During school year 1984-85, Anthony was a thirteen year old seventh grade student at TJJHS. His attendance calendar card reflects that he was absent from first period home room at least twenty times that year. In addition, he was absent from his first through sixth period classes on 28, 22, 9, 37, 27 and 30 occasions, respectively. He also received failing grades in two subjects. During this same year, Anthony received a number of detention assignments and suspensions from school for disciplinary problems. These included class referrals by teachers, fighting at school, skipping detention and using profanity. On at least two occasions, his parents were contacted regarding his behavior. Anthony's behavior gradually deteriorated in school year 1985-85. He was referred by his art teacher to the assistant principal at least seven times for disruptive actions in her class. For example, Anthony would not remain seated when asked to do so, he would deliberately begin talking in a loud manner while the teacher was attempting to instruct the class, and he refused to remove his hat in class as required by the school dress code. Such conduct interfered with the student's own learning as well as the educational process of others in the classroom. In addition to the above problems, Anthony was referred to the principal by other teachers for similar conduct in 1985-86. He was also cited for excessive absenteeism and tardiness, and for skipping detention hall. On several occasions his parents were contacted regarding his behavior. On April 17, 1986, Anthony was referred to a child study team consisting of a guidance counselor, teacher and school psychologist. Despite this counseling effort, Anthony skipped a detention hall on April 26. The assistant principal then made a decision that Anthony could not function in a normal school environment. He accordingly recommended that Anthony be reassigned to Jan Mann Opportunity School-North, an alternative education program designed to meet the needs of students who are disruptive, disinterested or unsuccessful in a normal school environment. His reassignment became effective on June 3, 1986, and Anthony is to begin the 1986-87 school year at Jan Mann on September 2, 1986.
Recommendation Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED that Anthony Newkirk be reassigned to Jan Mann Opportunity School-North. DONE and ORDERED this 29th day of August, 1986, in Tallahassee, Florida. DONALD R. ALEXANDER 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 29th day of August, 1986. COPIES FURNISHED: Frank R. Harder, Esquire Twin Oaks Bldg., Ste. 100 2780 Galloway Road Miami, Florida 33165 Ms. Willie Newkirk 7286 N.W. 21st Court Miami, Florida 33147 Dr. Leonard Britton, Superintendent Dade County Public Schools 1450 N.E. 2nd Ave. Miami, Florida 33132
The Issue Whether the Respondent should be reassigned to the Opportunity School.
Findings Of Fact The Respondent has been a student at W. R. Thomas Junior High since he entered 7th grade in 1982. In the 1984-85 school year, the Respondent was in 9th grade. Edwin had behavior problems in the 7th and 8th grade, and had been suspended from school in the 8th grade. In the 9th grade, Edwin continued to exhibit improper behavior. On September 25, 1984, Edwin was disruptive in the hall. On October 25, 1984, Edwin was rude and discourteous in class. On October 26th, he was disruptive in class. As a result of the October incidents, Edwin was placed on probationary status and a parent conference was held. On January 16, 1985, Edwin walked out of a class and refused to return when the teacher requested that he do so. Instead, Edwin threatened the teacher. As a result of this incident, Edwin was suspended from school for no more than five days. On January 28, 1985, Edwin set off a firecracker in the stairwell. On January 29, 1985, Edwin was reprimanded for repeated tardies to class and for his disruptive behavior in class. Edwin's academic and conduct grades were poor. When he left W. R. Thomas Junior High he was failing history, math, and physical education, and had Ds in remedial reading and science. He had Fs in conduct in three of his classes. At the beginning of the school year, Edwin had been placed in the work experience program, at his request, because he was not interested in the regular school program. However, he was ultimately removed from the work program because he never made an effort to get a job. Edwin had two job possibilities, but he never showed up for either job. The school personnel at W. R. Thomas made every effort to help Edwin adjust to the regular school program. He was placed in a group of disruptive students that met with the principal. Only Edwin and one other student showed no improvement in behavior after attending these meetings. Attempts were made to meet with Edwin's parents, but neither parent appeared at three of the scheduled conferences. The effort to interest Edwin in school through the work experience program was a failure.
Recommendation Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED that a final order be entered approving the assignment of the Respondent to the alternative school program at Douglas MacArthur Senior High School - South. DONE and ENTERED this 16th day of August, 1985, in Tallahassee, Leon County, Florida. DIANE A. GRUBBS, Hearing Officer Division of Administrative Hearings 2009 Apalachee Parkway Tallahassee, Florida 32301 (904) 488-9675- Filed with the Clerk of the Division of Administrative Hearings this 16th day of August, 1985. COPIES FURNISHED: Mark A. Valentine, Jr., Esq. 3050 Biscayne Boulevard Suite 800 Miami, Florida 33137 Mr. and Mrs. Luciano Castro 12031 S.W. 29th Street Miami, Florida 33055 Dr. Leonard Britton Superintendent of Schools Board Administration Building Dade County Public Schools 1410 Northeast Second Avenue Miami, Florida 33132 Honorable Ralph D. Turlington Commissioner of Education The Capitol Tallahassee, Florida 32301 Phyllis 0. Douglas, Esq. Assistant Board Attorney Dade County Public Schools 1450 Northeast Second Avenue Miami, Florida 33132
Findings Of Fact Allan Bonilla, currently principal of Rivera Junior High School, was one of at least two assistant principals who attempted to work with Javier Manuel Cepero during the 19841985 regular school year. He has been employed four years at that facility. Mr. Bonilla is personally familiar with Javier and took part in the administrative placement of Javier in an alternative program. The basis for this alternative placement was both Javier's academic needs and his disruptive behavior. Javier was suspended for five days outdoors in October 1984 for vandalism. Javier was repeating the 7th grade at Rivera Junior High School in the 19841985 school year and evidenced disruptive behavior in most classroom situations. This disruptive behavior was observed primarily in instances of direct defiance of teacher authority, tardy arrivals which disrupted classwork continuity, and talking out at the wrong time in class. As a result of these types of disruptive behavior, Javier was assigned short indoor suspensions during the months of October and November 1984. In January 1985, Javier disrupted his math class by flatly refusing to work and requested indoor suspension. Mr. Bonilla called the parents in connection with most of these suspensions, which were resulting in poor or failing grades for Javier by January 1985. Mr. Cepero came to the school to discuss Javier's problems on one occasion and the then principal called Mrs. Cepero on another occasion. He was made aware of some family problems contributing to behavior problems. Mr. Bonilla recommended the alternative school placement in January 1985, feeling that a small class with individualized attention would be an effective approach toward correcting Javier's academic problems as well as his disruptive behavior. Mr. Bonilla hoped a new school would get rid of Javier's growing bad reputation. He has received no notice concerning results of the customary annual review of Javier's placement due to be conducted some time before start of the 19851986 school year.
Recommendation Upon the foregoing findings of fact and conclusions of law, it is recommended that the School Board enter a final order continuing the alternative placement of Javier Manuel Cepero at Youth Opportunity School until such time as an annual or other evaluation indicates other appropriate assignment. DONE AND ENTERED the 28th day of August, 1985, at Tallahassee, Florida. ELLA JANE P. DAVIS Division of Administrative Hearings The Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32301 (904) 4889675 Filed with the Clerk of the Division of Administrative Hearings this 28th day of August, 1985. COPIES FURNISHED: Mark A. Valentine, Esquire Assistant Board Attorney 3050 Biscayne Boulevard Suite 800 Miami, Florid 33137 Phyllis O. Douglas, Esquire 1410 N. E. Second Avenue Miami, Florida 33132 Mr. Javler Cepero 6031 S. W. 109th Court Miami, Florida 33173 Dr. Leonard Britton Superintendent of Schools Dade County Public Schools 1410 N. E. Second Avenue Miami, Florida 33132
Findings Of Fact Jose Valentine Bernardez was a seventh-grade student at Kinloch Park Junior High School during the 1984- 85 school year until his reassignment to the alternative school on May 30, 1985. At the time of hearing, the 1985-86 school had just begun and Jose's parents did not send him to the alternative school pending the outcome of this proceeding. However, Jose has not been withdrawn from the public schools of Dade County. While at Kinloch Park, Jose was involved in numerous incidents that resulted in disciplinary referrals. On September 25, 1984, Jose pushed another student and on September 26, 1984, Jose took a student's notebook and got into a fight. On February 6, 1985, Jose didn't have appropriate materials in class. Early in the day on February 13, 1985, Jose was referred for discipline for refusing to remain in his seat, provoking other students, throwing paper airplanes and destroying art materials. Later that same day, Jose took an earring off a teacher's desk and put it in the trash can. When the teacher asked the class about the earring, Jose did not tell where the earring was. He later admitted his involvement to a counselor, but did not know why he did it. Jose was suspended from school for his misbehavior on February 13, 1985. Jose was placed on indoor suspension on February 27, 1985, for slapping another student on the head, being constantly out of his seat and not doing his work. Jose had a day added to his indoor suspension on March 6, 1985, because he misbehaved in indoor suspension by talking, disrupting and refusing to be quiet. On March 7, 1985, Jose was disruptive and disturbing other students. On March 13, 1985, Jose was defiant, disruptive, imitating another student and making statements about that student's mother. On March 18, 1985, Jose was again suspended for a fight in class, disruptive behavior on a daily basis, constant disruptive behavior and carving on the desk with an exacto blade. On April 4, 1985, an indoor suspension was imposed because Jose was talking in class after warning and disrupting the class. Jose repeatedly disrupted class on April 24, 1985, and did not bring materials to school. On May 8, 1985, Jose was late for class for the fourth time, threw chalk and sat in the wrong seat. He was again suspended. Finally after the suspension was served, Jose returned to school, and on May 15, 1985, Jose was poking other students with a safety pin. When confronted, Jose ran from the teacher. He was again suspended and was referred to the alternative school program. Throughout the course of Jose's attendance at Kinloch Park, the school officials counseled with Jose and his parents on numerous occasions. Jose also received counseling at the school. Jose's mother asked the school for help on at least three occasions. She recognized Jose's behavioral problems and indicated that they began after the death of Jose's brother. She asked the school for assistance in getting psychological counseling for Jose. In response to that request, she was given a list of four local public and private agencies when she could seek help for Jose on her own. Mrs. Bernardez also asked the school to evaluate Jose to determine if he had psychological problems or emotional problems that resulted in his misbehavior. The school's only response was to place Jose's name on a waiting list for evaluation. While Jose's name remained on this waiting list, his behavioral problems continued. The school's response was to suspend Jose and refer him to alternative school. Additionally, during this time, Mrs. Bernardez did take Jose to all four of the agencies named by the school. At each she was told that they did not do evaluations of the type needed for Jose and instead offered to provide counseling for Jose at the parent's expense. Jose's parents attempted to get professional help regarding Jose's behavioral problems, but were unable to do so successfully before Jose was removed from the regular school program.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the School Board of Dade County enter a Final Order, and therein: Return Jose Valentine Bernardez to the regular school program. Require that an evaluation as required by Rule 6A- 6.331(1) and other applicable rules, including but not limited to Rule 6A-6.3016, Florida Administrative Code, be performed immediately. DONE and ENTERED this 17th day of September, 1985, in Tallahassee, Florida. DIANE K. KIESLING 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 17th day of September, 1985. COPIES FURNISHED: Jackie Gabe, Esquire 3000 Executive Plaza, Suite 800 3050 Biscayne Boulevard Miami, Florida 33137 Mr. & Mrs. Jose Bernardez 4630 N. W. 4th Street Miami, Florida 33126 Ms. Maeva Hipps School Board Clerk Dade County Public Schools 1450 Northeast Second Avenue Miami, Florida 33132 Dr. Leonard Britton Superintendent of Schools Dade County Public Schools Board Administration Building 1450 Northeast Second Avenue Miami, Florida 33132
Findings Of Fact The parties stipulated that in February, 1984, while respondent was a student in the ninth grade at Westview Junior High School he punched another student in the face. As a result, respondent was required to serve a five day suspension. As a result of respondent's discussions with his mother concerning the incident, respondent wrote a letter of apology to the other student. The parties further stipulated that in March, 1984, while respondent was a student in the same school, he was involved in a fight. As a result, he was required to serve a ten day suspension. Although petitioner's attorney argued at the formal hearing that the March incident involved some type of "aggravated assault" and/or inciting to riot," petitioner failed to introduce any evidence in support of that argument or even regarding the incident itself. On the other hand, the evidence is uncontroverted that no charges were filed against respondent and no involvement with the juvenile justice system followed the March, 1984. On April 13, 1984, petitioner administratively reassigned respondent to Miami Douglas MacArthur Senior High School - North. The parties stipulated at the time of the Final Hearing in this cause that respondent's overall grades and conduct have been satisfactory throughout respondent's attendance at Miami Douglas MacArthur Senior High School - North. For the last one and a half years respondent has been voluntarily participating in a private community youth guidance program. Although that program accepts some court referrals, respondent was not referred by the courts, is a continuous participant in the program, and can remain in the program for two more years until he reaches the age of 18. Respondent attends activities conducted by that program once a week after school. His counselor, Greg Rounds, believes respondent to be a quiet person who does not belong in an alternative program school and who is more likely to become and remain rehabilitated if returned to the regular school program.
Recommendation Based upon the foregoing findings of fact and the conclusions of law, it is, therefore, RECOMMENDED THAT a Final Order be entered returning respondent to the regular school program and reversing the determination that respondent be placed or retained in an educational alternative program. DONE and RECOMMENDED this 23rd day of August, 1984, in Tallahassee, Florida. LINDA M. RIGOT, 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 23rd day of August, 1984. COPIES FURNISHED: Mark A. Valentine, Esquire 3000 Executive Plaza, Suite 800 3050 Biscayne Boulevard Miami, Florida 33137 Mr. James Nealy 12315 North West 18th Place, Apt. #B Miami, Florida 33167
Findings Of Fact Alexander Harris was a student at Parkway Junior High School during the 1984-85 and 1985-86 school years until his assignment to the alternative school. He also attended summer school in 1985 For the school year 1984-85, Harris received final grades of F in four classes and C in two classes. The classes he passed were special placements in the exceptional education classes for the learning disabled in mathematics and language arts. Harris attended summer school in 1985 and received a final grade of F for the two classes he took. Harris has an extensive history of disciplinary problems. On September 13, 1984, he was referred for discipline for class disruption and refusal to do his assignment. On September 18, 1984, he was again referred for constantly causing class disruption. Three days later, on September 21, 1984, he was suspended for three days for throwing juice cartons in the cafeteria during lunch. Harris was again disciplined on October 18, 1984, for refusing to dress out for P.E. and using obscene language in speaking to the teacher. He was suspended for five days on February 11, 1985, for skipping class and running and hiding from the school administrator. On April 3, 1985, Harris was suspended for three days for fighting. Finally, on May 24, 1985, Harris was suspended for ten days and was recommended for expulsion for possession and concealment of a loaded gun on the school campus during school hours. Harris was not expelled, but the recommendation was changed to that at issue in these proceedings.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the School Board of Dade County enter a Final Order assigning Alexander Harris to the alternative school program at Jan Mann Opportunity School-North. DONE and ORDERED this 19th day of February, 1986, in Tallahassee, Florida. DIANE K. KIESLING, Hearing Officer Division of Administrative Hearings The Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32399 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 19th day of February, 1986. COPIES FURNISHED: Frank R. Harder, Esquire 2780 Galloway Road (87th Avenue) Suite 100, Twin Oaks Building Miami, Florida 33165 Mrs. Essie Harris, Mother of Alexander Harris P. O. Box 2464 Miami, Florida 33055 Dr. Leonard Britton Superintendent of Schools Dade County Public Schools Board Administration Building 1450 N.E. Second Avenue Miami, Florida 33132 Mrs. Maeva Hipps 1415 N.E. 2nd Avenue Miami, Florida 33136
The Issue Whether the respondent should be reassigned to the Opportunity School.
Findings Of Fact Emil Perez attended Kinloch Park Junior High School during the 1983-84 school year. He was then assigned to opportunity school at Lee and enrolled there at the beginning of the 1984-85 school year. Because petitioner failed to file the deposition of its witness, there was no competent evidence presented concerning the reason or reasons why Emilo was assigned to the opportunity school. Emilo began to have serious attendance problems after being assigned to J.R.E. Lee. Both the school social workers and the school psychologist who testified at the hearing agreed that Emilo did not go to school at J.R.E. Lee because he was afraid to go to school there. The fear manifested itself through physical symptoms such as diarrhea and vomiting. Mr. Hayes, the school psychologist, defined Emilo's emotional problem as "school phobia", which is similar to separation anxiety disorder. However, although Emilo's fear of school was exaggerated, it was not totally baseless. The students at Lee are more aggressive than the students enrolled in the regular school program, and Emilo was threatened and harassed by the other students when he went to school. Emilo did not have attendance problems while enrolled at Kinloch. Because of Emilo's emotional problems, he would benefit from mental health counseling and assignment to a regular school program.
Recommendation Based upon the foregoing findings of fact and conclusions of law, it is RECOMMENDED that a final order be entered disapproving the assignment of respondent to the opportunity school program at J.R.E. Lee and assigning the respondent to the regular school program. DONE and ENTERED this 17th day of September, 1985, in Tallahassee, Leon County, Florida. Diane A. Grubbs, 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 17th day of September, 1985. COPIES FURNISHED: Daniella S. Levine, Esq. Legal Services of Greater Miami, Inc. Northeide Shopping Center 149 West Plaza, Suite 210 7900 N.W. 27th Avenue Miami, FL 33147-4796 Ms. Maeva Hipps School Board Clerk Dade County School Board 1450 N.E. 2nd Avenue, Suite 401 Miami, FL 33132 Mark A. Valentine, Jr., Esq. Assistant School Board Attorney McCrary & Valentine, P.A. Suite 800, 3050 Biscayne Boulevard Miami, FL 33137 Phyllis O. Douglas Assistant Board Attorney Dade County Public Schools 1450 Northeast Second Avenue Miami, FL 33132 Dr. Leonard Britton Superintendent of Schools Board Administration Building Dade County Public Schools 1450 Northeast Second Avenue Miami, FL 33132
Findings Of Fact Petitioner attended Richmond Heights Junior High School during the 1981-82 school year. Her conduct was unsatisfactory at that time, and Petitioner considered an alternative education placement. However, she was withdrawn from the Dade County School System prior to such action. Respondent re-enrolled at Richmond Heights Junior High School for the 1982-83 school year. Between October and January, she was involved in eight separate incidents which required discipline. The incidents included throwing food in the cafeteria, truancy and defiance of school officials. Several conferences were held with Respondent's mother but without apparent result.
Recommendation In consideration of the foregoing, it is RECOMMENDED: That Petitioner enter a Final Order affirming its assignment of Respondent to an educational alternative program. DONE and ENTERED this 26th day of April, 1983, in Tallahassee, Florida. R. T. CARPENTER, 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 26th day of April, 1983. COPIES FURNISHED: Mark Valentine, Esquire 3000 Executive Plaza 3050 Biscayne Boulevard Miami, Florida 33137 Mrs. Maria Gotz 16401 Southwest 142 Ave., Lot 596 Miami, Florida 33177 Dr. Leonard Britton, Superintendent Dade County Public Schools Lindsey Hopkins Building 1410 Northeast Second Avenue Miami, Florida 33132
Recommendation Based upon the foregoing findings of fact and conclusions of law, it is RECOMMENDED that the School Board of Dade County enter a Final Order assigning Darrien Byrd to the McArthur Senior High School North. DONE and ENTERED this 11th day April, 1985, in Tallahassee, Florida. DIANE K. KIESLING 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 11th day of April, 1985. COPIES FURNISHED: Ms. Mary Cusack Parent of Darrien Byrd 2929 N. W. 49th Street Miami, Florida 33142 Frank R. Harder, Esquire Assistant School Board Attorney Twin Oaks Building, Suite 100 2780 Galloway Road Miami, Florida 33165 Ms. Maeva Hipps School Board Clerk School Board of Dade County 1450 N. E. Second Avenue Suite 301 Miami, Florida 33132 Dr. Leonard Britton Superintendent of Schools Dade County Public Schools 1410 N. E. Second Avenue Miami, Florida 33132
