The Issue Whether or not the student, Holly Jean Vollick, should be assigned to Jan Mann Opportunity School North, an alternative educational program. Petitioner presented the oral testimony of Mr. Murray, and had introduced in evidence Petitioner's documentary exhibits P1- 4 and P6. P-5, marked for identification, was not admitted. Respondent's mother testified on her behalf and not exhibits were offered by Respondent. No transcript was provided and no proposed findings of fact or conclusions of law were timely filed by any party.
Findings Of Fact Mr. Murray is the Assistant Principal of North Miami Junior High School and has been for eight years. He has been employed by the Dade County School Board for 24 years. He knew and observed Respondent Holly Jean Vollick curing her attendance there for the full school year of 1983-1984 and for approximately one third of the 1984-1985 school year that she attended at North Miami Junior prior to his request that she be administratively assigned to an alternative school program for "defiance of school rules." In 1983-1984 Respondent successfully passed 5 out of 6 subjects but her attendance was not satisfactory and a complaint of truancy was filed with the Department of Health and Rehabilitative Services in April, 1984. At that time, she had 16 days absent: of these, 11 were confirmed truancies. On May 9, 1984 Respondent was assigned to clean up the cafeteria due to disruptive, argumentative responses to Mr. Murray. Although there were 5 other referrals of Respondent to Mr. Murray during this period none were for behavior problems, all were for truancies. Respondent's mother came to school whenever requested and cooperated with Mr. Murray. There was, apparently due to the mother's intervention, a short term improvement in attendance toward the end of the 1983-1984 regular school term. During the 1983-1984 summer school term, Respondent voluntarily registered for summer school and "took" three courses. Because she had passed all but one of her regular courses during the regular term she only needed one course but she still registered for three. She failed all three because she failed to attend more than half of the required days. During the 1984-1985 regular term Respondent began to exhibit behavioral problems. On September 6, 1984, after school hours, a companion of Respondent's stole another student's purse, emptied it, and gave the empty purse to Respondent who left the school grounds with it. Several students were assigned detention for this incident, Respondent among them. The testimony is devoid of information concerning what knowledge Respondent had of the source of the purse or upon what basis she was ordered to detention. On September 13, 1984 Respondent was verbally abusive to a teacher, Mr. Rentz, and to Mr. Murray and was assigned detention. She did not report for detention, in defiance of the assignment. On September 19, 1984, she was again verbally "disrespectful" according to Mr. Murray's analysis, but no further details concerning the incident were provided by his testimony. On September 19, 1984, Sandra White, sewing teacher, referred Respondent to Mr. Murray for "disrespectful behavior" and Respondent was assigned a 3-day suspension. Again, no details concerning cause and effect of this incident were provided by the testimony or documentary records. On November 15, 1984, Respondent was twice referred to Mr. Murray for excessive unexcused absences and cutting class. Each time he sent her to class she did not report, in defiance of his assignment. During the first grading period of the 1984-1985 term, Respondent received failing grades in all six of her subjects and was absent 13 times in one class and 27 times in another. Respondent's mother, Claudia Moss, disputes none of the above facts but maintains that during this period Respondent was living with a guardian and the relationship was not satisfactory. Respondent is now living with her mother who represents she is better able to discipline her daughter and ensure regular class attendance.
Recommendation Upon consideration of the foregoing, it is RECOMMENDED: That Petitioner enter its Final Order affirming the assignment of Respondent to Jan Mann Opportunity School North, an alternative school placement. DONE and ORDERED this 16th day of December, 1985, in Tallahassee, Florida. ELLA JANE P. DAVIS 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 16th day of December, 1985. COPIES FURNISHED: Honorable Ralph D. Turlington Commissioner of Education The Capitol Tallahassee, Florida 32301 Dr. Leonard Britton Superintendent of Schools Dade County Public Schools Board Administration Building 1450 NE 2nd Avenue Miami, Florida 33132 Phyllis O. Douglas, Esquire Dade County Public Schools Board Administration Building 1450 NE 2nd Avenue Miami, Florida 33132 Frank R. Harder, Esquire Twin Oaks Building Suite 100 2780 Galloway Road Miami, Florida 33165 Mrs. Claudia Moss 1522 NE 111 Street, No. 4 North Miami, Florida 33161 Ms. Maeva Hipps School Board Clerk 1450 N. E. Second Avenue Suite 301 Miami, Florida 33132
The Issue The issue is whether Points meets the criteria for assignment to an educational alternative program. Petitioner presented the testimony of Laura Bryant, school bus driver: Peter Rossi, police officer with the Special Investigative Unit of the School Board of Dade County, Raymond Fontana, assistant principal of Highland Oaks Junior High School; Arnold Golditch, teacher, and Lawrence Jurrist, teacher. Petitioner had Exhibits 1-8 admitted into evidence. Respondent presented the testimony of John Points. The parties waived the filing of a transcript and proposed orders.
Findings Of Fact John Points was a student at Highland Oaks Junior High School during the 1983-84 and 1984-85 school years until his assignment to the alternative school. During his attendance at Highland Oaks, Points has been involved in numerous instances of misbehavior that involved disciplinary action. On October 26, 1983 he was truant and was placed-on indoor suspension in the SCSI program. On February 24, 1984, he was placed on a two day indoor suspension for disruptive behavior. On May 3, 1984 he was given a 10 day outdoor suspension for theft. He served a three day indoor suspension each for starting a fight on May 31, 1984, and for general disruptive behavior on September 11, 1984. On September 14, 1984, Points walked out of class and on October 4, 1984, he was reprimanded and warned for fighting. He was placed on two days indoor suspension for cutting class on October 25, 1984. Points served two detentions for refusal to be seated, disruptive behavior and disrespect on November 7, 1984. On December 5, 1984, Points was suspended and recommended for alternative school for fighting and creating a general disturbance. Based on that recommendation for alternative school, Points was assigned to alternative school on December 17, 1984. Because of a paperwork mistake, Points did not go to alternative school and remained at Highland Oaks. In February, 1985, the error was discovered, but Mr. Fontana decided to let Points stay at Highland Oaks because two months had passed and he had no behavior problems in the interim. Shortly thereafter, Points was warned for failure to dress out for PE class on March 4, 1985. On March 12, 1985, Points was placed on a two day indoor suspension for disrupting the cafeteria by whistling. Finally, on March 28, 1985, Points was suspended from school for ten days for possession of marijuana on the school bus. In fact, no independent evidence was presented regarding Points supposed possession of marijuana. The only evidence was his own statement. By Points' own admission, two other students asked him to roll a marijuana cigarette from marijuana which they gave him. Points did so and gave it back to the other students. He did not smoke marijuana on the bus. Points has had academic problems at Highland Oaks. He is an exceptional student in Learning Disability classes. As of his last report card, Points received three F's, two D's and one B. During the 1984-85 school year, Points was absent 17 days from September 4, 1984 to April 4, 1985. This number does not include his absences for the ten day suspension. Additionally he was also absent on some occasions from particular classes.
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 assigning John Points to the alternative school program at Douglas MacArthur Senior High School-North. DONE and ENTERED this 16th 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 16th day of September, 1985 COPIES FURNISHED: Angela Points 200-178 Drive Miami Beach, Florida 33160 Frank Harder, Esquire Twin Oaks Building Suite 100 2780 Galloway Road Miami, Florida 33165 Ms. Maeva Hipps School Board Clerk Dade County Public Schools 1450 N. E. 2nd Avenue Miami, Florida 33132 Dr. Leonard Britton Superintendent of Schools Dade County Public Schools Board Administration Building 1450 Northeast Second Avenue Miami, Florida 33132
The Issue The issue for determination at the final hearing was whether the Respondent Mary Ann Phillips should be assigned to an alternative school placement. At the final hearing Kenneth Rogers, Assistant Principal, Homestead Junior High School, and Angela McCrenna, Assistant Principal at Campbell Drive Middle School, testified for the Petitioner. Petitioner's Exhibits 1-2 and Respondent's Exhibit 1 were offered and admitted into evidence.
Findings Of Fact During the 1982-83 school year, the Respondent Mary Ann Phillips was enrolled as a seventh grade student at Homestead Junior High School. On or about October 7, 1982, the Respondent Phillips was referred to Kenneth Rogers, Assistant Principal, by a Home Economics teacher as part of an investigation into the theft of another student's sewing supplies. The Respondent was found to be in possession of the stolen articles which included patterns, scissors and fabrics. A letter was sent to the Respondent's mother which requested a conference concerning this incident; however, no response was received from Mrs. Phillips. On November 30, 1982, six dollars was stolen from a purse during a class when the purse was placed unattended on a table. The students who had access to the purse were questioned by Rogers, who was told that the Respondent Phillips went into the purse while it was on the table. Rogers searched the Respondent and found six dollars in one of her books. As a result of this incident the Respondent was suspended from school for ten days. On February 7, 1983, the Respondent Phillips was again suspended for ten days for the theft of $27 from the purse of a substitute teacher. As a result of this incident, Rogers recommended an alternative placement for the Respondent Phillips. Following her difficulties at Homestead Junior High School, the Respondent Phillips received permission from the Petitioner to transfer schools and enroll as a regular student at Campbell Drive Middle School, but on a probationary status. The Respondent's mother was informed that the Respondent's continued placement at Campbell Drive was contingent on no further discipline problems arising. In May of 1983, Joanna Linardi, a teacher at Campbell Drive, discovered that her wallet was stolen during one of her classes. Linardi was missing cash and a large sum of money in the form of travelers checks. The next day a purse was found which was inadvertently left in a Home Economics class. The purse belonged to the Respondent, and among its contents were Linardi's wallet and travelers checks. Based on the Respondent's possession of the checks, an alternative placement was again recommended.
Recommendation Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED: That Petitioner enter a Final Order assigning Mary Ann Phillips to its opportunity school. DONE and ENTERED this 17th day of October, 1983, in Tallahassee, Florida. SHARYN L. SMITH, 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 October, 1983. COPIES FURNISHED: Larry Handfield, Esquire McCRARY AND VALENTINE, P.A. Suite 800 - Executive Plaza 3050 Biscayne Boulevard Miami, Florida 33137 Mitchell A. Horwich, Esquire Legal Services of Greater Miami, Inc. Northside Shopping Center 149 West Plaza, Suite 210 7900 N.W. 27th Avenue Miami, Florida 33147 Dr. Leonard Britton Superintendent of Schools School Board of Dade County Lindsey Hopkins Building 1410 Northeast Second Avenue Miami, Florida 33132
Findings Of Fact Respondent left Cuba with her parents in 1981. She resumed school in Spain and thereafter immigrated to the United States. She has had difficulty in adjusting here, especially to the language change. She is currently a 7th grade student at West Miami Junior High School. She is failing most of her subjects and has an absentee rate (unexcused) of nearly 50 percent. She has been involved in fights at school on two occasions during the current academic year. School officials have met with her parents, and have counseled Respondent in an effort to assist her. These efforts have been unsuccessful. Recently, her parents have taken her to the "Family and Adolescent Development Center" where she is apparently receiving therapeutic services. A late-filed exhibit on her current, diagnosis (Respondent's Exhibit 1) was to be furnished by Respondent's therapist. However, this document was not filed. Therefore, the results of the therapeutic referral were not established.
Recommendation Based on the foregoing, it is RECOMMENDED that Petitioner enter a Final Order assigning Respondent to its Educational Alternative Program. DONE AND ENTERED this 19th day of June, 1984, at 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 19th day of June, 1984. COPIES FURNISHED: Mark Valentine, Esquire 3000 Executive Plaza 3050 Biscayne Boulevard Miami, Florida 33137 Mr. Reinaldo Sanchez 6797 South West 21st Street Miami, Florida 33155 Dr. Leonard Britton Superintendent of Schools Dade County Public Schools 1410 Northeast Second Avenue Miami, Florida 33132 Madelyn P. Schere, Esquire Assistant Board Attorney Dade County Public Schools 1410 Northeast Second Avenue Miami, Florida 33132
The Issue The issue is whether Everett meets the criteria for assignment to an educational alternative program. The Petitioner presented the testimony of Charles F. Thompson, assistant principal at Madison Junior High School; Ollie Yeager, guidance counselor Ben Simmons, social worker; Arline Shapiro, teacher; and Betty T. Orfly, teacher. Petitioner also had 30 exhibits admitted in evidence. Petitioner waived the filing of a transcript and proposed order.
Findings Of Fact Elizabeth Everett was a student at Madison Junior High School during the 1983-84, 1984-85 and 1985-86 school years until her assignment to the alternative school. She also attended summer school in 1984 and 1985. Everett has an extensive history of disciplinary problems. She entered school at Madison on November 14, 1983. On December 1, 1983, Everett was referred for discipline for defiance and cursing at the teacher and other students. She was placed on a 3-day indoor suspension on December 14, 1983, for defiance of school personnel. On January 12, 1984, Everett was disciplined for stealing from another student. On February 16, 1984, Everett cut class. Everett was disciplined on February 28, 1984, for disruption of the class, disrespect, defiance and excessive tardiness. Everett continued to disrupt class and was disciplined on March 7, 1984. She was placed in CSI on May 30, 1984, for disruption and defiance. On May 31, 1984, Everett was disciplined for disruption, disrespect, defiance and excessive tardiness. During summer school, Everett was disciplined for fighting in class on August 10, 1984. During the 1984-85 school year, Everett's disruptive behavior continued. On October 5, 1984, she was disciplined for popping caps in class and on October 9, 1984, she was again disciplined for disruption, disrespect and defiance. Everett was disruptive, disrespectful and defiant on November 9, 1984, and on November 27, 1984, she left class without permission. Again on January 18, 1985, Everett was disruptive, disrespectful and defiant. She was suspended on February 13, 1985, for disruption and fighting in class. On March 11, 1985, Everett entered another classroom during class and disrupted that class, and again on April 4, 1985, she disrupted another class by throwing rocks in the door at another student. Everett was abusive and disruptive on May 22, 1985. On May 31; 1985, Everett was disruptive and abusive and instigated a near fight with another student. Finally on June 5, 1985, Everett was fighting with another student and she was suspended for three days for the fight and her disruptive behavior. On September 9, 1985, Everett was removed from class after her disruptive behavior. On September 13, 1985, Everett was suspended for 10 days for causing a major disruption and battery on another student. Throughout the time she attended Madison, Everett was counseled, conferences were held with her parents, and warnings were given. Everett was referred to outside agencies for assistance. She was seen regularly by Youth and Family Services and assistance was provided to both Everett and her family. None of these measures were effective in modifying Everett's disruptive and aggressive behavior. Everett's behavior problems prevented her from succeeding academically. Even though she attended seventh grade for the 1983-84 and 1984-85 school years and summer school in 1984 and 1985, Everett has failed to passed enough classes and earn enough credits to be promoted to the eighth grade. In the 1983-84 school year Everett passed only two classes with a D and one with a C. She earned three credits. In summer school, 1984, she passed only two classes and earned 1.5 credits. In 1984-1985, Everett earned 4 credits with grades of C and D. In summer, 1985, she failed all classes.
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 Elizabeth Everett to the alternative school program at Jan Mann Opportunity School-North. DONE and ENTERED this 7th day of March, 1986, 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 7th day of March, 1986. COPIES FURNISHED: Jackie Gabe, Esquire 3050 Biscayne Boulevard Suite 800 Miami, Florida 33137 Mr. Jeffery Everett 9000 Northwest 35 Court Miami, Florida 33147 Dr. Leonard Britton Superintendent of Schools Dade County Public Schools Board Administration Building 1450 Northeast Second Avenue Miami, Florida 33132 Ms. Maeva Hipps School Board Clerk 1450 N. E. 2nd Avenue Miami, Florida 33132
Findings Of Fact Based upon the evidence presented at hearing, the following facts are determined: Curtis Stephen Pope, a 12-year-old student, attends seventh grade in the public schools of Dade County. He lives with his grandmother, Mrs. Joyce Robinson, at 11352 Southwest 214 Street, Goulds, Florida. Until January, 1981, he attended seventh grade at nearby Mays Junior High School. (Testimony of J. Robinson, McPhaul.) In December, 1980, the vice principal of Mays Junior High recommended that Curtis be administratively reassigned to the Opportunity School South because of repeated disruptive behavior affecting the learning opportunity of others creating an unsafe learning environment. The school principal subsequently joined in that recommendation and on January 26, 1981, Curtis was reassigned to an educational alternative program at Youth Opportunity School South, 6135 Southwest 66th Street, Miami, Florida--a school located approximately 15 miles from Curtis' residence. It is that reassignment which is the subject of this proceeding. (Testimony of McPhaul; P-3). From September, 1980, through January 1981, Curtis repeatedly disrupted classes at Mays Junior High. His behavior adversely affected the learning environment and interfered with the educational process of other students, as well as his own. He was frequently referred to the assistant principal for disciplinary action. Twice he was suspended from school for ten-day periods: on October 20, 1980, for disrespect and defiance to the assistant principal and principal, and on November 12, 1980, for fighting with another student. Mrs. Robinson was contacted by Curtis' teachers as well as the school's administrators in an attempt to define the nature of Curtis' problem and take remedial action. However, despite these good-faith efforts, his classroom behavioral difficulties continued. (Testimony of McPhaul, J. Robinson; P-2). Specifically, Curtis' disruptive classroom behavior is described below: 2/ CLASS CURTIS' BEHAVIOR Reading Highly disruptive; fails to bring classroom materials or pay attention; easily distracted; plays during class and frequently tardy or absent. Math Disturbs class by talking, walking, and bothering other students; beats on desk, makes loud noises, and runs in and out of classroom; frequently tardy or absent. Intuitive Math Plays and walks about class; fails to follow directions; disturbs class and leaves without permission. Physical Education Disinterested n class; fails to participate in activities with other children. Science Rarely cooperates; fails to remain in seat, and leaves room without permission; unprepared for class; excessive tardiness. Civics Engages in fights and horse- play with other students; makes loud noises and refuses to stop; leaves room without permission; excessive absences. (Testimony of Herrman, Smith, Delvalle, Nicholson, Rochfort, Fields; P-2). At this time, Curtis requires individualized and special educational instruction which is unavailable at Mays Junior High--where classroom enrollment ranges from 25 to 30 students. On the few occasions when Curtis has received individualized instruction at Mays, his interest increased and his academic performance improved. Such individualized attention is available, on a routine basis, at the Youth Opportunity School South's educational alternative program-- where there is one teacher for every ten students. If Curtis makes the progress which can reasonably be expected of him in such a learning environment, he should eventually be able to return to regular school programs. Whether Curtis profits from and takes advantage of the greater instructional opportunities at Youth Opportunity School--and eventually returns to regular school programs--is wholly dependent on his own attitude and choice. (Testimony of J. Robinson, C. Robinson, Smith, Herrman, Delvalle, Nicholson, Rochfort, Fields; P-4). Mrs. Robinson opposes Curtis' reassignment primarily because of her belief that several neighborhood boys who attended the school later became involved in crime. But the fact that some students' behavioral problems persisted despite the educational opportunities offered at the Youth Opportunity School do not negate those opportunities or make them less real. Given positive support and encouragement at home--coupled with the educational environment available at the Youth Opportunity School South--Curtis will be given the opportunity to learn and achieve his potential; whether he--in--fact--does so will depend on him. (Testimony of J. Robinson, C. Robinson, McPhaul).
Recommendation Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED: That the Superintendent's action in placing Curtis Stephen Pope in the educational alternative program offered at Youth Opportunity School South be upheld and confirmed. DONE and RECOMMENDED this 20th day of May, 1981, in Tallahassee, Florida. R. L. CALEEN, JR. 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 20th day of May, 1981.
Findings Of Fact Respondent was reassigned to the Jan Mann Opportunity School-North on January 7, 1983. Prior to this reassignment, Respondent had been involved in 12 incidents during the current academic year which resulted in disciplinary action. Additionally, his academic progress was unsatisfactory in all but one course. Respondent is now attending the alternative school and is making satisfactory progress. He will be returned to the regular academic program when his performance and conduct have stabilized.
Recommendation Based on the foregoing, it is RECOMMENDED that Petitioner enter its Final Order affirming Respondent's placement in its alternative education program. DONE and ENTERED this 6th day of May, 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 6th day of May, 1983. COPIES FURNISHED: Mark Valentine, Esquire 3000 Executive Plaza 3050 Biscayne Boulevard Miami, Florida 33137 Mrs. Freddie Roberts 13100 Northwest 22nd Avenue Miami, Florida 33167 Dr. Leonard Britton Superintendent of Schools Dade County Public Schools 1410 Northeast Second Ave. Miami, Florida 33132
Findings Of Fact Joseph Cabaleiro was a student at Shenandoah Junior High School during the 1983-84 and 1984-85 school years until his assignment to the alternative school. During his attendance at Shenandoah, Cabaleiro was involved in numerous instances of misbehavior that required disciplinary action. During the 1983-84 school year, Cabaleiro was suspended for fighting on October 19, 1983, and for being continually disruptive in class on May 11, 1984. On December 13, 1984, Cabaleiro received a warning for being at an off-limits area during lunch. On January 17, 1985, he was disciplined for constant disruptive conduct in the classroom. He was given a three-day outdoor suspension for fighting on February 8, 1985, and a ten-day outdoor suspension for assault and battery on a teacher on February 20, 1985. This February 20, 1985, incident merits some discussion. An altercation occurred between Mr. Long, a P. E. teacher, and Cabaleiro. During the incident Cabaleiro cursed Mr. Long and Mr. Long allegedly threw a ball at Cabaleiro more than once. Cabaleiro then threw a set of wooden starting blocks at Mr. Long and went to the office to report that Mr. Long injured him with the ball. Cabaleiro alleges that he threw the wooden blocks to protect himself; but the evidence fails to support the need for such action in self defense. Cabaleiro left the playing field and went to the office without any attempt by Long to stop him. He could have left as easily before throwing the blocks. Throwing the blocks was not an act of self defense. On March 28, 1985, Cabaleiro was again suspended for general disruptive behavior. Finally on April 17, 1985, he was suspended for ten days for fighting. That same day he was reported for vandalism when a student saw him placing a piece of glass under the tire of Mr. Long's car. On April 18, 1985, Cabaleiro was recommended for assignment to the opportunity school. Academically, Cabaleiro has not been successful. His final grades for the 1983-84 school year were three F's and two D's with unsatisfactory grades in all classes for conduct and ratings of insufficient in effort for all classes. For the 1984-85 school year, Cabaleiro received F's in all classes academically, F's in all class for conduct, and 3's (insufficient) grades in all classes for effort. Additionally, from September 4, 1984 to March 5, 1985, Cabaleiro missed 41 days of school, with 13 of those days being outdoor suspensions and 28 of those days being absences.
Recommendation Based upon the foregoing Findings of Facts and Conclusions of Law, it is RECOMMENDED that the School Board of Dade County enter a Final Order assigning Joseph Cabaleiro to the alternative school program at Youth Opportunity School-South. DONE and ENTERED this 26th of September, 1985, in Tallahassee; Leon County, Florida. DIANE K. KIESLING Hearing Officer Division of Administrative Hearings The Oakland Building 2009 Apalachee Parkway Tallahassee, FL 32301 (904) 488-9675 FILED with the Clerk of the Division of Administrative Hearings this 26th day of September, 1985. COPIES FURNISHED: Mr. Joseph Cabaleiro 3000 N.W. 16th Street Miami, FL 33125 Frank R. Harder; Esq. Suite 100, Twin Oaks Building 2780 Galloway Road Miami, FL 33132 Mrs. Maeva Hipps School Board Clerk 1450 N.E. 2nd Avenue Room 401 Miami, FL 33132 Dr. Leonard Britton Superintendent of Schools Dade County Public Schools 1450 N.E. 2nd Avenue Miami, FL 33132
Findings Of Fact Respondent was a 6th grade student at Mays Middle School in Dade County, Florida, during the 1987-88 school year. On June 14, 1988, another student informed the school's assistant principal that Respondent had in his possession a quantity of marijuana. Respondent was brought to the assistant principal. In the course of interrogating Respondent, the assistant principal momentarily left Respondent in the custody of a security officer. Upon returning to the room, the principal learned that Respondent had attempted to discard a foil packet, behind a filing cabinet. The packet was subsequently analyzed and found to contain one quarter to one half of an ounce of marijuana. Upon further questioning by the assistant principal, Respondent contended that he had found the contraband packet on the way to school and intended to sell the drug since his family needed the money. Thereupon, Respondent was suspended for the remaining two days of the school year and reassigned to the opportunity school program for the 1988-89 school year. In response to a telephone call by school administrators, Respondent's mother came to the school when he was apprehended for the possession of marijuana. Somewhat distraught about the incident, her major concern was what action would be taken in response to this behavior by her son. Previous conversations had been had between school officials and Respondent's mother regarding his attendance record and academic problems during the school year. The entire incident of Respondent's apprehension for possession of a controlled substance was reported to law enforcement officials for further investigation and appropriate legal action. During the course of the school year, Respondent has been absent a total of 36 days. His academic progress has been extremely poor resulting in final grades for the year of "F" in language arts, "D" in mathematics, "D" in French, "F" in reading and "F" in science. During the course of the school year, Respondent was seen by the school counselor a total of 12 times. Several of the counselling sessions were the result of Respondent's referral by his teachers for disruptive behavior. Other sessions resulted from teachers concern about Respondent's academic progress. Possible remedies for Respondent's academic needs and attendance problems are more likely to be realized in the smaller and more structured educational atmosphere of the opportunity school. Petitioner's district code of student conduct contains recommended disciplinary action for students found in possession of illegal mood modifiers. Mood modifiers are defined in the district code to mean all substances capable of producing a change in behavior or altering a state of mind or feeling. The code recommends that such students either be expelled or be suspended with a possible recommendation for administrative assignment to an opportunity school. In the absence of evidence other than Respondent's own admission of his intent to sell the marijuana, school officials elected to suspend Respondent and recommend assignment to an opportunity school. Respondent is presently attending the J.R.E. Lee Opportunity School.
Recommendation Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED that a final order be entered assigning Respondent to the J.R.E. Lee Opportunity School. DONE AND ENTERED this 14th day of November, 1988, in Tallahassee, Leon County, Florida. DON W. DAVIS 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 14th day of November, 1988. COPIES FURNISHED: Frank Harder, Esquire 175 Fontainebleau Boulevard Suite 2A-3 Miami, Florida 33172 Clara Patino 19316 South West 121st Avenue Miami, Florida 33177 Hon. Betty Castor Commissioner of Education The Capitol Tallahassee, Florida 32399 Sydney H. McKenzie, Esquire General Counsel Department of Education Knott Building Tallahassee, Florida 32399 Dr. Josesph A. Fernandez Superintendent of Schools Dade County Public School 1450 Northeast Second Avenue Miami, Florida 33132
Findings Of Fact Otis J. Clayton was a student at Nautilus Junior High School during the 1983-84 and 1984-85 school years. He attended Miami Beach Senior High School during the 1985-86 school year until his assignment to the alternative school. While at Nautilus, Clayton had an extensive history of disruptive behavior in class. During the 1983-84 school year, Clayton consistently, regularly and persistently disrupted class by yelling, using abusive language to others including teachers and students, hitting other students, talking and playing in class, and defying authority. He was counseled and disciplined and conferences were held with his mother. Despite constant assistance by the school, Clayton did not change his disruptive behavior. He was finally suspended on June 6, 1984. In addition to his disruptive behavior, Clayton was disinterested and unsuccessful as evidenced by his excessive absences and skipping class. His absences in various classes ranged from 16 to 26 for the 1983-84 school year. During the 1984-85 school year, Clayton's disruptive behavior continued. On February 21, 1985, Clayton was suspended for five days as a result of his disruptive behavior, defiance of school authority and fighting. Again on March 1, 1985, Clayton was disciplined for fighting. Clayton was disciplined and counseled regarding his continuous disruption and defiance in class on March 20, 1885. On March 29, 1985, Clayton was placed on indoor suspension for five days for his repeated disruption, defiance and use of provocative language. Clayton was disciplined on April 2, 1985, for his disruptive behavior and for picking on other students. He was placed on a five day outdoor suspension on April 23, 1985, for his repeated disruption of class, defiance of school authority and assault. Finally, Clayton was again suspended for five days on May 13, 1985, for his repeated disruptive behavior and defiance. Clayton had been hitting other students. During the 1984-85 school year Clayton's absences and skipping class had also increased. He had a cumulative absence total of 34 and a record of absences in various classes ranging from 22 to 71. Clayton began attending Miami Beach Senior High School for the 1985-86 school year. His misbehavior and absenteeism continued. On October 17, 1985, Clayton was disciplined for excessive tardiness. On October 23, 1985, he was again disciplined for excessive tardiness and excessive absences. He was suspended for five days on October 25, 1985 for his general disruptive behavior, defiance, excessive tardiness, refusal to serve detention and refusal to serve an indoor suspension. Finally, on November 4, 1985, Clayton was suspended for 10 days for disruptive behavior, defiance, and excessive tardiness and absences. He had been absent 25 days during the first grading period and he had received grades of F in all classes. On November 5, 1985, the parent was informed by letter that Clayton was being referred to the alternative school program. Because Clayton is an exceptional student, an educational placement staffing conference was held on November 8, 1985. During that staffing a new Individual Educational Plan (IEP) was developed which included placement in the opportunity school at Douglas MacArthur Senior High School-North. Clayton's mother was present at the staffing and signed the IEP approving Clayton's placement at MacArthur.
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 Otis J. Clayton to the alternative school program at Douglas MacArthur Senior High School-North. DONE AND ENTERED, this 7th day of March, 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 7th day of March, 1986. COPIES FURNISHED: Jackie Gabe, Esquire 3050 Biscayne Boulevard Suite 800 Miami, Florida 33137 Mrs. Martha C. Donalds 1558 Northwest 1st Avenue Miami, Florida 33139 Dr. Leonard Britton Superintendent of Schools Dade County Public Schools Board of Administration Building 1450 Northeast Second Avenue Miami, Florida 33132 Ms. Maeva Hipps School Board Clerk 1450 N. E. 2nd Avenue Miami, Florida 33132
