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 Michael Rodriguez was a student at Henry H. Filer Junior High School during the 1984-85 and 1985-86 school years until his assignment to the alternative school. During the 1984-85 school year, Rodriguez was absent about fourteen days, ten of which occurred from May 1 to June 18, 1985. School began for the 1985-86 school year on September 4, 1985. During the first month and one-half, Rodriguez was absent eight days. On September 18, 23, and 30, 1985, Rodriguez was counseled and referred to the visiting teacher for cutting class and excessive absences. A formal complaint of truancy was filed on September 30, 1985. Rodriguez has shown that he will not attend school regularly and was counseled regarding his refusal to attend school. Additionally, when Rodriguez came to school, he left without administrative authority on several occasions. When Rodriguez attended school, he was able to perform at an acceptable level. As a result of his repeated truancy during the latter part of the 1984-85 school year, he received final grades of F in Science, D in Physical Education, C in Social Studies, D in Language Arts, F in Mathematics, and C in Shop. Rodriguez was retained in the seventh grade. He also received numerous effort grades of 3, which means he was making little or no effort in his studies. On February 26, 1985, Rodriguez was disciplined for fighting. On September 8, 1985, he was reprimanded for general disruptive behavior. As mentioned earlier, he was disciplined and counseled on September 18, 1985, for cutting class and excessive absences. On October 3, 1985, Rodriguez was placed on a three-day outdoor suspension for defiance of school authority and leaving class without permission. Rodriguez was counseled on several occasions regarding his truancy, lack, of effort and failing grades. His mother was also contacted and participated in a conference. A Child Study Team Conference was also held in which it was determined that Rodriguez has no learning disability and his failure is due to lack of effort and truancy.
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 Michael Rodriguez 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: Sheila Rodriguez 610 West 35th Street Hialeah, Florida 33012 Frank R. Harder, Esquire Twin Oaks Building Suite 100 2780 Galloway Road Miami, Florida 33165 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
Findings Of Fact Based upon my observation of the witnesses and their demeanor while testifying, the documentary evidence received, and the entire record compiled herein, I hereby make the following relevant findings of fact. Jorge Barahona is a sixteen (16) year old repeat eighth grader enrolled in the Respondent, School Board of Dade County, Public School System. Petitioner's parents, Mr. and Mrs. Julio Barahona, were notified by letter dated March 16, 1983, by certified mail, return receipt requested, that Jorge, who was then attending Kinlock Park Junior High School, was being transferred to the Youth Opportunity School South based on his disruption of the educational process in the regular school program. Prior to the Respondent's decision to assign Petitioner to an alternative placement, Respondent, through its staff, undertook various measures in an effort to quell Jorge's disruptive activities and to provide an educational setting for him in a regular classroom. These measures included counselor referrals on October 13, 15, 19, 21, and 27, 1982. At that time, a committee including Petitioner's teacher, the school's then assistant principal, W. George Cosgrove, and a guidance counselor all discussed the Petitioner's disruptive activities and placed him in the "outreach program". The Outreach Program is designed to utilize extraordinary measures to attempt to foster respect in students who exhibit disruptive behavior while attending school in a regular classroom. While placed in the Outreach Program, Jorge was again referred repeatedly to counselors for disruptions. On November 1, 1982, Jorge was advised that his next referral would result in an indoor suspension. Petitioner was repeatedly absent from school during the early part of November, 1982, and when he returned to school on the fifth (5) day following the November vacation, he was again referred for counseling due to disruptive conduct. At that time, December 3, 1982, he was given a five-day indoor suspension. During mid-January, 1983, Petitioner was again referred for counseling by three instructors which resulted in an extension of an earlier indoor suspension. On November 21, 1983, Petitioner embarked upon a course of abusive and profane outbursts which resulted in his being escorted to the Principal's office where he was again given an additional two-day indoor suspension. Petitioner's defiant behavior continued and an internal disciplinary committee decided to recommend that he be reassigned to the Opportunity School Program at Youth Opportunity School South. The Position of Petitioner's Parents The Petitioner's parents voiced their contention that Petitioner did not violate any school rules when he was assigned to the regular school program and that Petitioner had recurring medical problems which were the cause of his behavior. Finally, the parents (of Petitioner) contend that the school officials are not treating the Petitioner fairly by recommending the alternative placement for Petitioner. The evidence reveals that Petitioner is eligible for an educational alternative program because he is disruptive, disinterested and unsuccessful in a normal school environment. Rule 6A-1.994(2), Florida Administrative Code. There is no evidence to support the Petitioner's claim that he was unfairly treated due to the fact that he is the subject of an alternative educational assignment. Respondent's recommendation of Petitioner was based on a history of repeated disruptions by Petitioner while enrolled in a regular school environment.
Recommendation Based on the foregoing findings of fact and conclusions of law, it is hereby RECOMMENDED: That the School Board enter a Final Order assigning Petitioner to an alternative school program. RECOMMENDED this 10th day of October, 1983, in Tallahassee, Florida. JAMES E. BRADWELL, 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 10th day of October, 1983.
The Issue The issue presented herein concerns the Respondent's through the person of his parents appeal of the School Board's assignment (of Respondent) to Youth Opportunity School South - an alternative school placement.
Findings Of Fact Based upon my observation of the witnesses and their demeanor while testifying, documentary evidence received and the entire record compiled herein, I hereby make the following relevant findings of fact. By letter dated November 8, 1983, Petitioner, the School Board of Dade County, Florida, advised the Respondent, Carlos Alberto Giralt, an eighth grade student attending Glades Junior High School, that he was being administratively assigned to the opportunity school program based on his "disruption of the educational process in the regular school program and failure to adjust to the regular school program." Carlos Alberto Giralt, date of birth December 6, 1969, was assigned to Glades Junior High School as an eighth grader during the 1983-84 school year. During October of 1983, Carlos' brother was involved in a physical altercation with another student and Carlos came to his brother's aid by using a stick to physically strike the other student involved in the altercation. Initially, Carlos was given a ten-day suspension and thereafter the suspension was changed to the administrative assignment to the alternative school placement which is the subject of this appeal. 1/ Carlos' father, Salvador Giralt, was summoned to Glades Junior High School and advised of the incident involving Carlos and the other student in the physical altercation. Mr. Giralt was advised of the policy procedures in effect at Glades and was assured that Respondent would be given the least severe penalty, which was the ten-day suspension originally referred to herein. The Giralts are very concerned parents and have voiced the concern by complaining of Respondent's assignment to the Petitioner's area office. In keeping with this concern, the Giralts have requested that their son, Carlos, be reassigned to his original community school, Glades Junior High School. Respondent does not have a history of repeated defiant conduct as relates to School Board authority. According to Petitioner's Assistant Principal at Glades Junior High, Gerald R. Skinner, Respondent was last disciplined approximately two years ago. No showing was made herein that Carlos was either disruptive of the educational process or has failed to adjust to the regular school program.
Recommendation Based on the foregoing findings of fact and conclusions of law, it is hereby recommended that the School Board of Dade County enter a Final Order transferring the Respondent to Glades Junior High School or other appropriate regular school program. RECOMMENDED this 24th day of May, 1984, in Tallahassee, Florida. JAMES E. BRADWELL, 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 24th day of May, 1984.
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 The Respondent holds Florida teaching certificate number 375765, covering the area of journalism. Petitioner's teaching certificate is valid through June 30, 1995. The Respondent was employed by the Gulf County School District during the school years of 1983-1984, 1988-1989, 1989-1990 and 1990-91. During the 1983-1984 school year Respondent was employed by the District on a part-time basis as a physical education instructor at the Port St. Joe Elementary School. During the 1988-1991 school years the Respondent was employed by the District as an alternative education teacher at the Port St. Joe Junior/Senior High School. The alternative education class was created to function as a dropout prevention program. The students who were placed in the alternative education program were placed in the program because the regular education system was failing them and because the students grades or attendance indicated that the student was likely to drop out of school. In general, these students lacked motivation, had poor attendance, poor attitudes and often came from homes with serious familial problems. Mr. Langston did not receive any particular training to fulfill his role as the alternative education teacher. However, he felt that a program which included aspects of the discipline and self-motivation he learned from his college and pro basketball career would be beneficial to such alternative education students. Additionally, Respondent believed that the students would not benefit from having the nastier side of life outside school glossed over, but believed frank discussions of such things as well as using outside life examples and models would help motivate alternative education students to beat the odds and overcome life's obstacles. Mr. Langston also wanted to impart to each student that he was there for them. In that regard, Mr. Langston gave each student his telephone number and had each student give him their telephone number or a number where the student could be reached. Mr. Langston would use this information to contact any student who was missing too much school in order to ascertain why and to encourage him or her to return. To his credit, even though some may disagree with some of Mr. Langston's methods as not being politically correct, Mr. Langston was very successful with his alternative education students and caused them to stay in school and improve their grades. During the 1990-91 school year at Port St. Joe Junior/Senior High School, the Respondent showed movies, such as "Die Hard", "Witness", "Platoon", and "Lean on Me". Some of the movies had themes of violence with explicit language. "Platoon" was about Vietnam and was shown during a time when the class was studying about Vietnam. "Lean On Me" was a movie about students who were similarly situated to Respondent's students and the favorable relationship they developed with the principal of the school. Both movies had educational value. The movies were generally shown for either entertainment or education as part of the class' reward system known as "recreation time". Occasionally, Respondent would also allow the students in his class to turn the television on during recreation time or other class breaks. Sometimes, during these breaks, the students elected to watch the soap operas on the television. Again these breaks were part of the reward system used in the class. There was no evidence presented at the hearing that the system was overused or substituted for teaching. Additionally, the evidence did not demonstrate that Respondent tried to hide either the movie showing or television watching from other teachers or administration personnel. An "R" rated movie is recommended to be restricted to anyone over the age of 17 years old unless they have adult supervision. The evidence did not demonstrate which of the above-listed movies were "R" rated. Admittedly, however, some of the movies may have had an "R" rating from the movie industry. The movie industry rating system was not shown to be mandatory and all of the listed movies have been shown on television with a little editing for any age viewer to watch. Indeed at least one, if not all, of these movies had been seen on television or VCR by the students who testified at the hearing and probably by most of the students in the class. In fact, the movies are so common Respondent did not check the rating of any of the movies he showed to his class, did not know what an "R" rating was and did not think to inquire whether the School Board had any rules about showing movies to eighth-grade students without prior approval from the principal and parents. At least one of the movies had been shown in another teacher's class. The School Board did have a policy which allowed the showing of "R" rated movies if approved by the Principal and parental approval was sought before airing the movie. Respondent admitted to unknowingly violating the School Board's rules since he did not ask permission to show some of the films in his class. Respondent was disciplined for this violation by the School Board as outlined later in this Recommended Order. More importantly, however, the evidence did not even remotely demonstrate that the Respondent's showing of movies or the viewing of television, either for education or entertainment, was detrimental or potentially detrimental to any student in his class in any way. Nor did the evidence show a violation of any other statute or rule governing the teaching profession. In fact, the evidence showed that the Respondent's system of rewards involving recreation time and breaks worked and served to enhance and encourage the students' performance. Therefore the charges contained in the Administrative Complaint involving the above facts should be dismissed. The Respondent, on a very few occasions, used the words "damn" and "hell" in his class. The evidence did not show that Respondent used the words "shit", "ass" or "motherfucker" in his class. When put in context, Respondent did not use the words "damn" or "hell" as swear words. Nor were they used in a foul or vulgar manner. Nor were they directed at any student or cause harm to any student. The context of the words was quite ordinary and did not violate any rules of the EPC. Therefore the charges contained in the Administrative Complaint involving Respondent's use of language should be dismissed. Because the Respondent was close to some of his students and wanted to relate to them he gave some of the students nicknames after they gave him a couple of nicknames. The nicknames were used occasionally in class but never in a derogatory manner. For example, Antoine Allen, an African-American student of Respondent, was called "Black Moses" by Respondent. Heavenly Bailey was called "bull dog" or "wally gator" by Respondent. "Black Moses" was actually a compliment and was perceived as such by Mr. Allen and those who understood the nickname's meaning. The nicknames were not considered inappropriate by either the nicknamed students or the other students in the class and were seen as terms of affection and not as terms of derogation. The evidence did not demonstrate that the nicknames used by Respondent harmed or were potentially harmful to any students in any way. The evidence did not show that any student was embarrassed or likely to be embarrassed by the nicknames. Likewise, no other violation of a statute or rule was shown by the evidence. Therefore the charges contained in the Administrative Complaint involving Respondent's use of nicknames should be dismissed. There was no evidence that Respondent slept during or in his class. Respondent did read the newspaper during his class, but only when the class was engaged in other individual activities and only to find material to use in the current affairs portion of the alternative education class. Respondent did on occasion find it necessary to leave the classroom for either a restroom break or at the request of another teacher. However, Respondent always tried to use the "buddy system" of having a teacher next door keep an eye on his classroom when he had to step out. If Respondent left the classroom with no other adults to monitor the students it was only for a few minutes at a time while the students were engaged in other activities. There was certainly nothing in the record which suggests that such behavior was improper or even comes close to violating any statute or rule governing the teaching profession. Therefore the charges contained in the Administrative Complaint involving Respondent's classroom conduct should be dismissed. Respondent separated the students in his class whose work was unsatisfactory to one side of the classroom. The section of the classroom where the students were placed whose work was unsatisfactory was called the "ghetto". The seating arrangement was used solely as a motivational tool for students to perform their school and class assignments. The evidence demonstrated that only one student was placed in the "ghetto" for a very short period of time until that student worked his or her way out. There was no evidence that the Respondent mistreated or ignored the educational needs of the one student assigned to sit in the "ghetto". Likewise, there was no evidence that the seating arrangement was made on any criteria other than performance. In short, the technique worked and served to maintain an appropriate level of performance in his class. Furthermore, the evidence did not show that any student was harmed or could be harmed in any way by Respondent's motivational technique. The evidence did not show any other violation of a statute or rule governing the teaching profession. Therefore the charges contained in the Administrative Complaint involving Respondent's classroom conduct should be dismissed. On or about March 27, 1991, Respondent received a Statement of Complaint from the Gulf County School Board for using profane language and showing unapproved and inappropriate movies to students. The complaint did not contain any specific facts regarding the charges. The complaint therefore grossly overstated the ultimate charges of misconduct (misconduct in office, gross insubordination and willful neglect of duty as defined in Section 231.36(6)(a), Florida Statutes) with which Respondent was charged. However, the charges generally involved the facts outlined above. The facts did not involve any of the facts involving the allegations of sexual misconduct related to Sabrina Warren. However, by the time of the complaint, the allegations of Ms. Warren were known and more than likely caused the eventual result discussed below even though no hearing or evidence was ever held on the Warren allegations of sexual misconduct. On April 8, 1991, Respondent was suspended with pay by the Gulf County School Board as a result of the incidents outlined in the above Findings of Fact. Respondent did not contest the underlying facts of the complaint and no hearing with appropriate evidence was held on the complaint. Therefore, on April 10, 1991, Respondent was suspended without pay for the remainder of the 1990-91 school year and his annual teaching contract with Gulf County schools was not renewed. From April 10, 1991, until sometime in September of 1991, Respondent was without employment in any school district in the State of Florida. However, the evidence did not show that Respondent was seeking employment as a teacher during this time period or that such employment was available. The evidence did show that Respondent had decided to take some time off and was not actively seeking employment. Later when Respondent did decide to return to teaching he was employed in the Levy County School System. Moreover, the evidence was clear that Respondent was an effective teacher and many of his students and parents want him to return because of the improvement he achieved with their children. There was no evidence that Respondent lost his effectiveness as a teacher because of the uncontested disciplinary action of the Gulf County School Board. Therefore the charges contained in the Administrative Complaint involving Respondent's classroom conduct should be dismissed. Around the beginning of March, 1991, the Respondent taught a student by the name of Sabrina Warren in his eighth-grade alternative education class at Port St. Joe Junior/Senior High School. Ms. Warren had been placed in the alternative education class because she was chronically and frequently absent for weeks at a time from school and other less intense interventions to improve her attendance had failed. Her grades were not good and she had an attitude that was not conducive to improvement or attendance. She had a great deal of experience in sexual matters and therefore had a considerable amount of knowledge in that regard. She also had a reputation of being untruthful and clearly embellished facts during the hearing especially when she felt that was the answer someone wanted to hear. Ms. Warren was then 13 years old at the time she was enrolled in Respondent's class and was in Respondent's class for the majority of the day but alternated class periods with Respondent's class. Upon being placed in Respondent's class, Mr. Langston gathered the biographical information including phone numbers he needed from Ms. Warren and gave her his phone number in case she needed to talk to him. Ms. Warren attempted to remind the Respondent that she had been enrolled in one of his physical education classes when she was either in first grade or kindergarten at Port St. Joe Elementary School. The Respondent had only taught such classes during the 1983-1984 school year, but did not recall teaching Ms. Warren in one of those classes. Ms. Warren indicated that she looked different from when she was in Respondent's physical education class since she had worn glasses at the time. Respondent still did not recall her being in his class and asked Ms. Warren to bring pictures of herself from that time period to his class. Ms. Warren said she would. The discussion was an ordinary discussion which occurred in front of the whole class. Respondent frequently talked to his students because he was interested in them and wanted to develop a rapport with them as well as allow the other students in the class to interact with each other. Ms. Warren brought some pictures of herself from when she was younger and wore glasses. Again the discussion occurred in front of the class. The Respondent showed the class the pictures of Sabrina Warren when she was younger. The pictures did not make an impression on anyone else in the class. However, at the hearing, Ms. Warren claimed she was embarrassed that the Respondent showed the pictures to the class. Clearly, this claim of embarrassment by Ms. Warren is not credible. There was nothing in this so-called picture incident that even suggests a person would likely be embarrassed and it is highly unlikely that Ms. Warren was embarrassed by the pictures being shown. Many of these kids had grown up together, had been in Ms. Warren's grade school class and knew she had worn glasses. Additionally, Ms. Warren's demeanor did not appear to be one of high embarrassment potential. If anything, Ms. Warren had a great need for attention. Finally, Ms. Warren's complaint about the pictures was not even raised until after she had made other more serious charges against Respondent and only serves to illustrate Ms. Warren's general lack of credibility throughout this case. Ms. Warren alleged that in March of 1991, while in the Respondent's class, the Respondent had taken Ms. Warren's notebook pad and wrote to ask permission to ask Ms. Warren some personal questions. Ms. Warren allegedly wrote back on the same pad that he could and that she did not mind. Ms. Warren allegedly then gave the notebook pad back to the Respondent. The Respondent allegedly wrote back and asked her if she ever went to bed with anybody. Ms. Warren wrote back and told him that she had been to bed with one person. Ms. Warren handed the notebook pad to the Respondent, and he wrote back asking if she enjoyed it. Ms. Warren then wrote back that it was all right. She wrote that it was all right because it was her boyfriend. The Respondent allegedly then wrote a statement on the pad that he wanted to go to bed with her. Ms. Warren claimed she was shocked and embarrassed when the Respondent wrote that he wanted to go to bed with her and she allegedly wrote back, "No." All of this note writing allegedly took place during several noncontiguous class periods with Mr. Langston or during a class break when Mr. Langston was cooking hamburgers for the class. Ms. Warren was very vague on the time period. Ms. Warren claimed that she covered the pad while she wrote on it and when the bells were ringing between class periods. She also claimed that the Respondent would keep the pad covered on his desk when he had it and wrote a note on the pad telling her not to let anybody else see the pad or see the notes. Ms. Warren claimed that the Respondent kept the notes and notebook pad and subsequently threw the notes away. She also claimed that the Respondent eventually gave her notebook pad back by way of another student. The other student did not testify at the hearing as to whether she had taken a notebook to Ms. Warren from Mr. Langston. Likewise, no other student in the class testified that they witnessed any exchange of notes between Respondent and Ms. Warren even though at least one student could have readily observed the note-passing incident if it had occurred. Importantly, on the same day Ms. Warren created the above story Mr. Langston had critiqued Ms. Warren for her continued poor attendance, admonished her to improve and informed her that if she did not he would have to report her to the main office. In her next class, Ms. Warren told her earth science teacher a somewhat but materially different story about how Mr. Langston allegedly came to show interest in her. The earth science teacher did not believe Ms. Warren but did advise Ms. Warren to tell her parents and that if she had a problem to go see the guidance counsellor. Again Ms. Warren's testimony of her conversation with the earth science teacher differed materially from the teacher's testimony and serves to highlight Ms. Warren's lack of credibility in this case. Ms. Warren did not return to school the next day and for several days thereafter. At this time, Ms. Warren was living with an Aunt on Port St. Joe beach. The Respondent called one of Ms. Warren's aunts at home and inquired as to why Ms. Warren had not returned to school. Her mother was at the hospital with her father in Tallahassee. Ms. Warren did not tell her aunt of the incident and did not inform either of her parents until approximately ten days to two weeks later and only after Ms. Warren discovered that another aunt and the aunt she was staying with were inquiring as to why she was not at school. After Ms. Warren told her mother, her mother made an appointment to talk with a child abuse investigator with the Department of Health and Rehabilitative Services (HRS), Jim Boseman. Mr. Boseman and Ms. Warren's mother informed the Superintendent of the Gulf County School Board of the alleged incident. The Superintendent of the Gulf County School Board, Walter Wilder, gave Ms. Warren permission to stay out of school until this situation was addressed and straightened out. After Mr. Langston was suspended, Ms. Warren eventually went back to school but soon became tired about everyone asking her what was going on between her and the Respondent. In reality Ms. Warren simply did not want to go to school. As a result, Ms. Warren was enrolled at Faith Christian School in Port St. Joe, Florida by her mother. She stayed at Faith Christian for a short period of time and then was enrolled in the adult school in Panama City, Florida because she was pregnant. Mr. Langston has continuously denied the note-writing incident with Sabrina Warren ever occurred and the resolution of this case involving Sabrina Warren turns on the credibility of Ms. Warren. As indicated, Ms. Warren's testimony has not been consistent with her other statements and with other witnesses in this case. Her testimony is neither reliable or credible. Therefore, the facts involving the allegations of sexual misconduct contained in the Administrative Complaint should be dismissed. In June of 1990, the Respondent was investigated by Professional Practices Services (PPS) for allegedly making inappropriate comments to students and committing acts of misconduct. On or about June 5, 1990, the Respondent and the Petitioner entered into a Deferred Prosecution Agreement. According to the Agreement, the deferral period was to last through the end of the 1990-91 school year.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is accordingly, RECOMMENDED that the Respondent be found not guilty of violating Chapter 231, Florida Statutes, or Rules 6B-1.006(3)(a), (e), and (h), Florida Administrative Code and the Administrative Complaint is dismissed. DONE AND ORDERED this 3rd day of January, 1994, in Tallahassee, Florida. DIANE CLEAVINGER, Hearing Officer Division of Administrative Hearings The Desoto Building 1230 Apalachee Parkway Tallahassee, FL 32399-1550 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 3rd day of January, 1994. APPENDIX TO DOAH CASE NO. 92-5336 The facts contained in paragraphs 1, 2, 3, 4, 5, 6, 7, 8, 10, 36, 39, 53, 55, 60, 62, 63, 64 and 65 of Petitioner's proposed findings of fact are adopted in substance insofar as material. The facts contained in paragraphs 9, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 24, 25, 26, 27, 28, 29, 30, 31, 34, 35, 37, 38, 40, 41, 42, 43, 44, 45, 46, 47, 49, 50, 51, 57 and 59 of Petitioner's proposed findings of fact are subordinate. The facts contained in paragraphs 23, 32, 33, 48, 52, 54, 56, 58 and 61 of Petitioner's proposed findings of fact were not shown by the evidence. The facts contained in paragraphs 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, second paragraph 11 12, 13, 14, 15, 16, 17, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31 and 32 of Respondent's proposed findings of fact are adopted in substance insofar as material. The facts contained in paragraphs first paragraph 11 and 18 of Respondent's proposed findings of fact are subordinate. COPIES FURNISHED: Robert J. Boyd, Esquire BOND & BOYD, P.A. 411 East College Avenue Post Office Box 26 Tallahassee, FL 32302 Dave Kundin, Esquire Post Office Box 430 Tallahassee, FL 32302 Karen B. Wilde, Executive Director Department of Education 301 Florida Education Center 325 West Gaines Street Tallahassee, FL 32399-0400 Jerry Moore, Administrator Professional Practices Services 352 Florida Education Center 325 West Gaines Street Tallahassee, FL 32399-0400
Findings Of Fact Based upon my observation of the witnesses and their demeanor while testifying, documentary evidence received and the entire record compiled herein, I hereby make the following relevant findings of fact. Keith O'Neil Vinson (date of birth November 1, 1968) was a student enrolled in the regular school program at Arvida Junior High school during the 1982/83 school year as an eighth grader. By letter dated August 18, 1983, Petitioner, the School Board of Dade County, Florida, advised the parent, Mrs. Yvonne Vinson, that Respondent, Keith D. Vinson, was being administratively assigned to Youth Opportunity School South based on his disruption of the educational process in the regular school program and his failure to adjust thereto. Keith is physically well-developed for his age. That is, he is approximately 6 feet 5 inches and weighs approximately 200 pounds. During the 1982-83 school year, Respondent was the subject of more than 10 suspensions and was called in for numerous teacher conferences based on his defiant and assaultive conduct with other students while enrolled at Southwood and Arvida Junior High School. (Testimony and admission of parent, Yvonne Vinson) From 1981 through 1983, Respondent engaged in repeated acts wherein he was involved in fights and assaults of other students. Despite repeated efforts to attempt to control Respondent's defiant behavior, his same pattern of conduct persisted. Although Respondent's mother, Mrs. Yvonne Vinson, testified that the Respondent's conduct has been exaggerated by school officials and that he was singled out for "petty matters," the evidence herein reveals and it is specifically found that the Respondent's conduct was disruptive of the regular school program throughout his enrollment therein.
Recommendation Based on the foregoing findings of fact and conclusions of law, it is hereby recommended that the Respondent's appeal of the Petitioner's assignment of Respondent to an opportunity school program be DENIED. RECOMMENDED this 10th day of February, 1984, in Tallahassee, Florida. JAMES E. BRADWELL, 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 10th day of February, 1984. COPIES FURNISHED: Mark A. Valentine, Esquire Jesse J. McCrary, Jr., Esquire 3050 Biscayne Blvd., Suite 800 Miami, Florida 33137 Mrs. Yvonne Vinson 11610 South West 140 Terrace Miami, Florida 33176 Dr. Leonard Britton Superintendent of Schools Dade County Public Schools Lindsey Hopkins Building 1410 North East 2nd Avenue Miami, Florida 33132
Findings Of Fact Gonzalo Lazaro Carmona was a student at Miami Jackson Senior High School during the 1984-85 school year until his assignment to the alternative school. On October 31, 1984, Carmona was placed on indoor suspension for cutting class and failure to complete an assignment. Carmona was placed on indoor suspension on November 28, 1984, following three incidents in that month. He was referred for discipline on November 9, 1984, for general disruptive behavior and failure to complete an assignment; November 14, 1985, for general disruptive behavior; and November 28, 1985, for being in an unauthorized area, specifically the girls' locker room. On February 6, 1985, Carmona was placed on outdoor suspension for general disruptive behavior, defiance of school authority and assault on a teacher. Again on March 8, 1985, he was suspended for assault on a teacher. Carmona was disciplined on March 13, 1985, for general disruptive behavior, defiance of school authority, and rude and discourteous behavior. On April 2, 1985, he was reprimanded and warned for defiance, cutting class, and leaving class without permission. An outdoor suspension was given for general disruptive behavior and failure to complete an assignment on April 25, 1985. Finally, on May 17, 1985, Carmona assaulted a teacher, Ms. Sweats, in the classroom. Carmona was being disruptive in class. Ms. Sweats tried to reprimand him. Carmona then made a fist, used profanity, and threatened the teacher. Carmona was placed on a ten-day outdoor suspension. It was also recommended that Carmona be reassigned to the alternative school program. While enrolled at Miami Jackson, Carmona was not successful academically. His final grades for the 1984-85 school year were C (Math), F (Personal Fitness), F (Biology), C (Arts and Crafts), F (Life Management), and F (Fundamentals CM2). At various times during the school year, Carmona was counseled regarding his failure to complete assignments and he was given an academic advisement conference. Despite these efforts by the school personnel, Carmona failed to put forth effort to improve his academic performance, as evidenced by his effort ratings of 3 in all the classes he failed. Carmona's mother signed a request for transfer to the opportunity school program on March 14, 1985. However, she is unable to read English and did not fully understand the importance of signing the request. She intended that the request be used to scare her son into improving his behavior. The recommendation to assign Carmona to the alternative school was based on his history of disruptive behavior and his lack of academic success, and not on the request his mother signed.
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 Gonzalo Lazaro Carmona to the alternative school program at Douglas MacArthur senior High School - North. DONE and ORDERED this 26th 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 26th day of September, 1985. COPIES FURNISHED: Jackie Gabe, Esquire Suite 800, 300 Executive Plaza 3050 Biscayne Blvd. Miami, Florida 33137 Mrs. Caridad Cabrera 2025 NW 28 Street Miami, Florida 33142 Dr. Leonard Britton Superintendent of Schools School Board of Dade County 1450 NE Second Avenue Miami, Florida 33132 Ms. Maeva Hipps School Board Clerk Dade County Public Schools 1410 NE Second Avenue Miami, Florida 33132
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
Findings Of Fact Julie Annette Smith was a student at Centennial Junior High School during the 1984-1985 school year. She was administratively reassigned to the Douglas MacArthur Senior High School-South, an alternative placement in the school system's opportunity school program, by letter dated November 29, 1984. On September 6, 1984, Smith was disruptive, defiant and profane in the school cafeteria. She refused to go to the principal's office and Mr. Burke was called to remove her to his office. Smith was counseled and warned regarding her misbehavior and defiance. On September 28, 1984, Smith was involved in a fight in the art classroom. On November 7, 1984, Smith was involved in a fight wherein she attacked another student. Smith continued to verbally threaten the other student after the altercation was broken up by Mr. Burke. Smith has been involved in numerous other incidents of verbal and physical abuse of school personnel and students. Her behavior repeatedly interfered with the ability of other students to receive an education.
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 Julie Annette Smith to the alternative School program at Douglas MacArthur Senior High School-South. DONE and ENTERED this 6th day of August, 1985, in Tallahassee, Florida. DIANE K. KIESLING Hearing Officer 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 August, 1985. COPIES FURNISHED: Mrs. Evangelene Smith Bryant Parent of Julie Annette Smith 10990 S.W. 223rd Street Miami, Florida 33170 Frank R. Harder, Esquire Assistant School Board Attorney Twin Oaks Building/Suite 100 2780 Galloway Road Miami, Florida 33165 Ms. Maeva Hipps, Clerk of the School Board of Dade County Board Administration Building 1450 N. E. Second Avenue Miami, Florida 33132 Dr. Leonard Britton Superintendent of Schools Dade County Public Schools Board Administration Building 1410 N.E. Second Avenue Miami, Florida 33132
