The Issue Whether or not the Respondent student, Rommel Luis Montes, should be assigned to the J. R. E. Lee Center, an opportunity school.
Findings Of Fact Respondent Rommel Luis Montes, age fifteen, was a student at Riviera Junior High School (Riviera) in Dade County, Florida, during the school years 1984-85, 1985-86, and 1986-87. During the 1984-85 school year Respondent's academic performance was very poor. He received five failing grades, passing only the subject of physical education with the grade of C. Also his ratings for effort during the four marking periods of that year were poor. The result of Respondent's lack of effort and poor academic performance was his not being promoted to the next grade. During the 1985-86 school year Respondent's academic performance was also poor. During that year he received poor ratings for effort, a D as a final grade in five subjects and the grade of F in two subjects. Respondent did not improve his academic performance during the 1986-87 school year. During the first grading period of that year, Respondent received grades of F in three subjects, grades of D in two subjects and one incomplete grade which subsequently was changed to an F. As before, Respondent's rating for effort was poor. Mrs. Carol Ann Golden, a math teacher, had Respondent as a student during the first marking period of the 1986-87 school year. While enrolled in that class, Respondent refused to do any work. Most of the time he would come to class without materials, he would rarely do homework and less than 10 percent of the time did he perform any class work. He had unexcused latenesses and out of forty-five school days he was absent twenty. In efforts to discourage tardiness, Mrs. Golden would issue detentions to Respondent (requiring him to stay in school after hours), but he would either serve them late or not at all, in defiance of school personnel authority. Those times when Respondent was issued indoor suspensions (CSI) as a disciplinary measure, he would refuse to do any work. Mrs. Deanna A. Villalobos, a history teacher at Riviera, also had Respondent as a student during the 1986-87 school year. Here again Respondent's behavior was the same: he would come to class without materials 70 percent of the time, hardly did any homework, performed approximately 5 percent of the work assigned in class, had approximately twenty absences (including one instance when he failed to return to class after lunch), was frequently tardy, would spend his time day dreaming and looking out the window, and as a result failed all the history tests administered. Respondent was also issued detentions by Mrs. Villalobos which he failed to serve. It is the practice at Riviera for teachers and school administrators to submit written reports relative to troublesome student behavior. Such reports are prepared on forms called Student Case Management Referral Forms (SCMRF) and are generally reserved for serious behavior problems. Mrs. Golden and Mrs. Villalobos each issued two SCMRFs on Respondent regarding, inter alia, his total lack of interest in school and failing grade average. In addition Respondent received five other SCMRFs from a different teacher. In addition to Respondent's lack of interest in school, these reports also complained of his skipping class, excessive talking in class, leaving class without permission, and simply refusing to do any work in class. As a counselor at Riviera, Mrs. Waizenhofer worked on a weekly basis with Respondent. From her testimony it was apparent that Respondent, although not a bad kid, was disinterested in school and was not responding to the various techniques used by teachers, counselors and administrators to make students more interested and improve their academic performance. During one counseling session Respondent, while in tears, promised Mrs. Waizenhofer to improve his school effort just a little. Twenty minutes later, Respondent was caught cutting class. One attempt at interesting Respondent in school, was to place him in the work experience program at Riviera. This consisted of securing employment for Respondent at Burger King on a part-time basis. Respondent was not able to hold the job for more than two weeks and he failed the program. Mrs. Thomas, assistant principal, and Mrs. Waizenhofer had numerous conferences with Respondent's mother. The parent, however, was not able to cause a change in Respondent's attitude toward school. It was recommended to both Respondent and his parent that assistance be sought at different community agencies, which could provide specialized counseling services at little or no cost. Despite the efforts made by the school administrators, no change was noted in Respondent. At Riviera, like other schools with regular school programs, the average number of students in a class is about thirty. Such schools are not geared to address peculiar student needs or provide individual students with continuous special attention. By contrast, at an opportunity school, such as the J. R. E. Lee Center, the ratio of teachers to students is about nine-to- one, students are the subject of individualized educational plans, and there are more counselors on staff, including a psychologist. The expert opinions of both Mrs. Thomas and Mrs. Waizenhofer was that the more structured environment at an opportunity school would be better for Respondent, as opposed to permitting him to remain in a regular school program where he was making no progress.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED: That Petitioner enter a final order affirming the assignment of Respondent Rommel Luis Montes to the J. R. E. Lee Center. DONE AND ORDERED this 17th day of March, 1987, in Tallahassee, Florida. WILLIAM J. KENDRICK 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 March, 1987. APPENDIX TO RECOMMENDED ORDER, CASE NO. 87-0294 Petitioner's proposed findings of fact 1-12, have been adopted in paragraphs 1-12, respectively. COPIES FURNISHED: Jaime Claudio Bovell, Esquire 370 Minorca Avenue Coral Gables, Florida 33134 Mrs. Estrella Montes 10030 Southwest 43rd Street Miami, Florida 33165 Dr. Leonard Britton, Superintendent Dade County Public Schools The School Board of Dade County, Florida 1450 Northeast Second Avenue Miami, Florida 33132 Honorable Betty Castor Commissioner of Education The Capitol Tallahassee, Florida 32399 Madelyn P. Schere, Esquire Assistant School Board Attorney Board Administration Building, Suite 301 1450 Northeast Second Avenue Miami, Florida 33132
Findings Of Fact At all times relevant thereto, Respondent, Rolando Rodriguez (Rolando), was a student at Palm Springs Junior High School (Palm Springs) in Dade County, Florida, during school years 1983-84 and 1984-85. The school is under the jurisdiction of Petitioner, School Board of Dade County (Board). Rolando was born in Cuba on August 15, 1970. He and his mother came to the United States in 1980. His father remains in Cuba. Rolando enrolled in the fourth grade of the public school system in Dade County in 1980. Because of language difficulties, he was initially given some special assistance by his teachers. Even so, his school progress record, received in evidence as exhibit 2, reveals he repeated at least a part of the fifth grade due to academic problems. There is no evidence that he received bilingual education services from the public school system. While attending the sixth grade at Palm Springs in 1983-84, Rolando had isolated instances of misconduct during the first half of the school year. This included "disruptive behavior," "cutting class," and "assault and battery." He was given reprimands and warnings, and several conferences were held by school officials with Rolando and his mother. This is confirmed through testimony of witness Sweet and corroborated by Petitioner's exhibit 1 received in evidence. This exhibit is a copy of a computer print-out reflecting Rolando's case management history. It is not clear how the entries therein were prepared, or, whether the school personnel who observed the "incidents" gave the information directly to the computer program operator, or to another person who then summarized it for the operator. In any event, there is no documentation or the oral testimony evidencing any misconduct from January 1984 until the end of the school year. Rolando was then promoted to seventh grade even though he had done poorly in a number of subjects. Beginning in September 1984, Rolando's case management history (exhibit 1) reflects a series of actions which culminated in reprimands, warnings and being placed on probationary status. However, these entries on the computer print-out are hearsay in nature and the only witness appearing on behalf of Petitioner had no personal knowledge of the events. Indeed, the witness could not relate the details or circumstances surrounding the "incidents," but relied wholly on what she had been told by other school personnel, or what the computer print-out stated. Accordingly, there is no competent evidence concerning Rolando's alleged misconduct for school year 1984-85. Finally, exhibit 2 contains Rolando's grades from school year 1980-81 through school year 1983-84, but omits reference to the grades received in school year 1984-85. However, Rolando acknowledged he received at least one "F" during the year and that his overall grades were "not good." On June 26, 1985, Petitioner advised Respondent's parents that he was being reassigned to Jann Mann Opportunity School-North effective immediately because of Rolando's "disruption of the educational process in the regular school program and failure to adjust to the regular school program." It was not disclosed who participated in the decision or what specific information, other than that contained in exhibit 1, was considered in determining that reassignment was appropriate. During the first half of the school year 1983-84, the faculty and administration of Palm Springs attempted to help Rolando through parent and student conferences, developmental group counseling, a child study team, home units and employability skills instruction. Although exhibit 1 reflects similar assistance in 1984-85, there is no competent evidence to verify and confirm these hearsay declarations. Rolando is now attending Jann Mann, which is approximately thirty minutes from his home by bus. Both he and his mother desire a reassignment to Palm Springs because of its proximity to their home. Rolando acknowledged some of his disciplinary problems and specifically recalled three visits to the principal's office, but pointed out that he was unfairly charged with many other infractions even though he was merely an observer to and not a participant in these incidents. He stressed that where teachers have taken the time to provide extra assistance, he has done well in class, but fares poorly where the teacher does not provide such assistance. He views his reassignment to Jann Mann as a learning experience, and now wishes to return to his former school. Even though he testified in English, he attributes a part of his academic problems to a limited proficiency in the English language. Rolando's mother also acknowledged that she was notified on "several" occasions about Rolando's conduct. The dates of such notifications and the specific nature of his problems were not disclosed.
Recommendation Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED that Respondent be immediately reinstated to a traditional school program. DONE AND ORDERED this 13th day of November 1985, in Tallahassee, Leon County, Florida. DONALD R. ALEXANDER 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 13th day of November, 1985.
The Issue The issues are whether Respondent failed to accommodate exceptional education students, directed derogatory comments to students, and disclosed test grades in class in violation of Subsections 1012.795(1)(c), (f), and (i), Florida Statutes (2000), and Florida Administrative Code Rule 6B-1.006(3)(a) and (e); and, if so, whether the proposed penalty is reasonable. (Statutory references are to Florida Statutes (2000). References to rules are to rules promulgated in the Florida Administrative Code in 2000.)
Findings Of Fact Respondent is authorized to teach physical education in Florida pursuant to Florida Educator's Certificate Number 666407. The Certificate is valid through June 30, 2007. The Pinellas County School District (the District) employed Respondent as a physical education teacher at Gibbs High School (Gibbs) during the 2000-2001 school year (the school year). Respondent's students included students in the exceptional student education program at Gibbs (ESE students). Faculty and staff at Gibbs had tested ESE students in Respondent's classes, identified them as disabled, developed an individual education plan (IEP) for each student, and placed each student in a special education program. The IEPs for some students allowed the students to leave the classroom during testing for a learning lab or other supervised environment. Respondent refused to allow several ESE students to leave the classroom during testing. The students are identified in the record as A.A., A.S., J.T., and J.F. in order to protect their confidentiality. Respondent sometimes afforded ESE students an opportunity to hear their tests read to them at the front of the class. That opportunity violated each student's IEP. Respondent did not have discretion to deviate from an IEP. Some ESE students transferred from Respondent's class. Other ESE students refused to enroll in Respondent's class because of Respondent's reputation among ESE students for refusing to accommodate ESE students during testing. A number of parents complained to school officials about Respondent's failure to accommodate ESE students. Faculty and staff attempted to correct Respondent's behavior through informal conferences. A varying exceptionalities specialist, a teacher assistant, and an administrator with the Office of Professional Standards (OPS) each met with Respondent. Respondent answered an allegation and complaint from one parent by stating to a Gibbs administrator that the student was not an honor roll student, so Respondent's refusal to accommodate the student did not make a difference. Respondent complained to an assistant principal at Gibbs that, "They are ESE students. What are they doing here [in Respondent's class]? They shouldn't be here anyway." Respondent made derogatory comments to students during the school year. The derogatory comments included terms such as: fat, little slacker, stupid, sorry bunch of kids, Gomer Pyle, and Dutch Boy. Respondent asked one of her students, "What's a black boy doing with a Dutch last name?" Respondent asked another student if the student was tired from walking the streets at night and called her "sleeping booty." Respondent directed derogatory comments to students identified in the record as D.V., M.F., J.I., and A.W. Respondent referred to D.V., an African-American, as Dutch Boy because D.V.'s last name sounded Dutch to Respondent. Respondent suggested that D.V. should change names with a white student having a last name that Respondent believed was more appropriate for an African-American. Respondent used the terms "fat" and "stupid" when referring to M.F. and other students in M.F.'s class. Respondent used the term Gomer Pyle to refer to J.I. because J.I. was in the Reserve Officers' Training Corps. (ROTC) program at Gibbs. Respondent told A.W. that larger people don't belong in the physical education class. The derogatory comments degraded students, embarrassed them, were inflammatory to some students, and violated District policy. Respondent violated the Code of Ethics and the Principles of Processional Conduct for Educators by making embarrassing or disparaging remarks and by failing to make reasonable efforts to protect students from mental harm. Respondent has made derogatory comments to students in previous school years. During the 1997-1998 and 1998-1999 school years, an assistant principal received complaints from students about Respondent's use of derogatory comments toward students. The assistant principal held a conference with Respondent on September 15, 1997, and completed a Conference Summary that instructed Respondent to use better communication with students and parents; and to be more professional in addressing students. The complaints against Respondent continued. On September 30, 1997, an assistant principal held a formal conference with Respondent to discuss Respondent's use of derogatory comments to students. The assistant principal again instructed Respondent to refer to students only by their given name and use more professionalism in addressing students. An assistant principal met with Respondent on October 1 and 7, 1997; and on February 13, April 1, and May 4, 1998. In addition to several "walk-throughs," the assistant principal visited Respondent's classroom for an evaluation on March 31, 1998. The annual evaluation for the 1997-1998 school year rated Respondent's judgment as an "I," meaning that improvement was expected in addressing students. The "I" on Respondent's annual evaluation required school administrators to prepare a "Success Plan" to help Respondent address the issues that resulted in the "I" rating. The Success Plan that Respondent signed required Respondent to use positive comments that enhance the self worth of students. Respondent's use of derogatory comments toward students continued during the 1998-1999 school year. An assistant principal held conferences with Respondent on: October 12, 26, and 27, 1998; November 11, 1998; and January 28, March 11, Aril 15, May 3, and May 4, 1999. The assistant principal visited Respondent's classroom on: November 3, 1998; and January 28, March 1, March 11, and April 7 and 15, 1999. Respondent's annual evaluation for the 1998-1999 school year contained more "Is" than the previous evaluation. Respondent received an "I" rating for: (1) Instructional Strategies Conducive to Learning and Critical Thinking; (2) Assessment of Students; and (3) Judgment and Professional Ethics. During the school year at issue, the OPS administrator and Respondent discussed a letter from a parent regarding Respondent's use of derogatory comments. The parent complained that Respondent asked H.T., the parent's daughter, if H.T. was going to be a dentist. H.T.'s last name is related to a dental term. Respondent denied she ever made the comment and then told the OPS administrator, "I can look at her mouth and tell you no." Respondent subsequently told H.T. not to go running to H.T.'s mom if H.T. had a problem with Respondent. Respondent read student grades aloud in class without the permission of the affected student in violation of District policy. Respondent also read the names of students receiving a grade of "A," "B," or "C" thereby disclosing the names of students with lower grades. Disclosing the grades of students in class without the permission of the student invades the privacy of the student and exposes the student to embarrassment. Respondent has a history of disclosing student grades in class. On May 17, 2000, the OPS administrator issued a letter of reprimand to Respondent for disclosing student grades during the 1999-2000 school year. In relevant part, the letter of reprimand stated: I advised you that one concern was related to your announcing student grades of students in front of the entire class. You said that the Governor had given schools grades and that you could tell students their grades. I advised you that was not so; that student information was protected and confidential and I directed you to refrain from the practice. You said that you didn't read all of the grades. I noted that students said you read grades of students who had A's, B's, and C's. I said that some students who had lower grades were embarrassed. I again reiterated that you should cease reading the grades. Respondent continued to disclose student grades during the school year at issue. Respondent read to the class the grades of A.A., A.S., A.W., C.A., and M.F. Each had failing grades. Respondent passed a test completed by A.S. down a row of students so that each student could see the test score on the front of the test and stated audibly that the only thing A.S. "got right" on the test was the date. The comment embarrassed, upset, and humiliated A.S. The District placed Respondent on administrative leave in October 2000. After Respondent returned from her administrative leave, the OPS administrator received more complaints about Respondent's behavior, and issued another letter of reprimand to Respondent on April 27, 2001. Respondent wrote the following message on the letter prior to returning the signed copy to the OPS administrator: "This is BS. Thank you [OPS administrator]." The District transferred Respondent from Gibbs to a school where Respondent works with another teacher. The transfer shows that Respondent had lost her effectiveness at Gibbs, but not as an employee. The District had a lot of complaints at Gibbs about Respondent. There were issues with Respondent's effectiveness at the school. The District determined that a transfer to another school might help Respondent "get a new start."
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that Petitioner enter a Final Order finding Respondent not guilty of violating Subsections 1012.795(1)(c) and (f); guilty of violating Subsection 1012.795(1)(i) and Rule 6B-1.006(3)(a) and (e); suspending Respondent's Florida Educator's Certificate during the summer session after the current school year; and, on the date of the Final Order, placing Respondent on probation for two consecutive years, including the period of suspension, subject to the conditions prescribed in Petitioner's PRO. DONE AND ENTERED this 21st day of October, 2003, in Tallahassee, Leon County, Florida. S DANIEL MANRY Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 SUNCOM 278-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 21st day of October, 2003. COPIES FURNISHED: Kelly B. Holbrook, Esquire Broad and Cassel 100 North Tampa Street, Suite 3500 Post Office Box 3310 Tampa, Florida 33602-3310 Robert F. McKee, Esquire Kelly & McKee 1718 East 7th Avenue, Suite 301 Post Office Box 75638 Tampa, Florida 33675-0638 Kathleen M. Richards, Executive Director Education Practices Commission Department of Education 325 West Gaines Street, Room 224E Tallahassee, Florida 32399 Daniel J. Woodring, General Counsel Department of Education 325 West Gaines Street 1244 Turlington Building Tallahassee, Florida 32399-0400 Marian Lambeth, Program Specialist Bureau of Educator Standards Department of Education 325 West Gaines Street, Suite 224-E Tallahassee, Florida 32399-0400
The Issue Whether it was appropriate for Petitioner, Pinellas County School Board, to terminate the employment of Respondent, Curtis Brown, under Section 1012.34, Florida Statutes (2007), due to his failure to correct performance deficiencies after having been placed on Professional Services Contract Probation for 90 days, in violation of School Board Policy 8.25(1)(t); his "incompetence," in violation of School Board Policy 8.25(1)(u); his "insubordination," in violation of School Board Policy 8.25(1)(u); and his failure to comply with "School Board Policy, State Law or the Appropriate Contractual Agreement," in violation of School Board Policy 8.25(1)(x) and Section 1012.33, Florida Statutes (2007).
Findings Of Fact Based on the oral and documentary evidence presented at the final hearing, the following Findings of Fact are made: Petitioner operates, controls, and supervises the public schools of Pinellas County, Florida. It has entered into individual and collective agreements with the teachers it employs and publishes policies that control the activities of its teaching professionals. Respondent is employed by Petitioner as a math teacher at Johns Hopkins Middle School and has a Professional Services Contract. Petitioner employs a formalized teacher evaluation process that assesses 25 teaching "expectations." These "expectations" are grouped in three related categories: Highest Student Achievement, Safe Learning Environment, and Effective and Efficient Operations. Each "expectation" receives one of four ratings: Exceeds Expectations, Meets Expectations, In Progress, and Not Evident. Assessments are made on specific and detailed indicia during observations, interviews, and review of data regarding student achievement. Depending on the number of indicia observed for each of the "expectations," a teacher receives a proficiency rating of Level 1 through 4, with Level 4 being the highest. Below a Level 1 is considered unsatisfactory. Respondent was rated unsatisfactory for school years 2006-07 and 2007-08. There are approximately 8,000 teachers in Pinellas County. Of the 8,000, 23 were rated unsatisfactory for the 2007-08 school year; only three were rated unsatisfactory for both 2006-07 and 2007-08. A state requirement of teacher appraisal includes student performance and learning gains for each student in a teacher's class. The Florida Comprehensive Achievement Test ("FCAT") is probably the most notorious student achievement data source in Florida. Unfortunately, the FCAT scores become available in July. Most annual teacher assessments are completed in April of each school year. However, there are other student achievement data sources that can be appropriately used in assessing student performance and learning gains. They include teacher-made pre- and post-tests, district developed assessments, student grades, and curriculum developed assessments. A teacher may offer any of these data sources during his or her evaluation. Because Respondent had received an unsatisfactory rating for the 2006-07 school year, administrators at his school and from the district office provided special attention and direction during the first months of the 2007-08 school year designed to help Respondent improve his teaching performance. The efforts of the administration were not successful. Respondent was placed on a 90-day probation period on January 14, 2008. He was advised of his unsatisfactory performance. At the same time, he received a revised "success plan" and a copy of Section 1012.34, Florida Statutes. Respondent received several formal observations and critiques during the probation period. Petitioner provided the requisite assistance, direction, and on-going assessment. During the 90-day probationary period, Respondent did not respond to specific corrective direction given him by administrators regarding a myriad of basic administrative details, teaching techniques, and methodology. Respondent's annual evaluation took place on April 24, 2008, after the conclusion of the 90-day probation. Even though requested, Respondent failed to provide any documentation of positive classroom results. Even though Respondent failed to present any evidence of positive classroom results, the evaluator (the school assistant principal) had monitored potential classroom progress through various data available to him. He failed to note any positive trend. Respondent received 19 "Not Evident" ratings in 25 "Expectations" and an unsatisfactory rating. Respondent's performance problems were increasing in spite of a concerted effort by the administration to correct the trend. In the 2005-06 school year, he received six "Not Evident" ratings; in 2006-07, 14 "Not Evident" ratings; and in 2007-2008, 19 "Not Evident" ratings. Over the several years contemplated by the testimony of school administrators who had supervisory authority over Respondent, he failed to teach the subject matter assigned, failed to complete lesson plans correctly and timely, failed to use a particular math teaching software program (River Deep) as required, failed to take attendance, and did not use the required grading software. In each instance he was encouraged and, then specifically directed, to comply with established policy regarding these areas of teaching responsibility; and yet, he failed to do so. Respondent's teaching record contains memos regarding the following: Two formal conferences regarding use of excessive force (12/6/02 and 10/29/03); A formal conference regarding growing number of parent concerns over penalizing students on academic work for behavioral problems and giving students F's for assignments that they couldn't complete due to lost work books (11/3/2004); A formal conference summary involving several issues including instructional methodology, leaving students unsupervised in class and leaving campus early (1/24/2005); Three reprimands for disparaging remarks made to or about students (1/19/05, 2/16/05, 4/02/07); A 15-day suspension for falling asleep in class and again leaving students unattended in class (7/12/2005); A formal conference summary for again leaving students unattended in the classroom and unsupervised outside of the classroom door (2/9/2007); and A formal conference summaries for missing a meeting and not turning in lesson plans and IPDP's (12/04/07, 1/29/08, 3/03/08).
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that Respondent, Curtis Brown's, Professional Services Contract be terminated. DONE AND ENTERED this 23rd day of January, 2009, in Tallahassee, Leon County, Florida. S JEFF B. CLARK Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 23rd day of January, 2009. COPIES FURNISHED: Dr. Eric J. Smith Commissioner of Education Department of Education Turlington Building, Suite 1514 325 West Gaines Street Tallahassee, Florida 32399-0400 Dr. Julie M. Janssen Superintendent of Schools Pinellas County School Board 301 Fourth Street Southwest Largo, Florida 33770-2942 Deborah K. Kearney, General Counsel Department of Education Turlington Building, Suite 1244 325 West Gaines Street Tallahassee, Florida 32399-0400 Laurie A. Dart, Esquire Pinellas County Schools 301 Fourth Street Southwest Post Office Box 2942 Largo, Florida 33779-2942 Mark Herdman, Esquire Herdman & Sakellarides, P.A. 29605 U.S. Highway 19 North, Suite 110 Clearwater, Florida 33761
The Issue The main issues in this case are whether, as the district school board alleges, a teacher has given the district just cause to terminate his employment contract for incompetency, and, alternatively, whether the teacher failed to correct performance deficiencies during a 90-day probationary period, which would constitute separate grounds for dismissal if proven true.
Findings Of Fact The Broward County School Board ("School Board"), Petitioner in this case, is the constitutional entity authorized to operate, control, and supervise the Broward County Public School System. At all relevant times, Respondent Christopher Marshall ("Marshall") was employed as a math teacher in the Broward County school district, a position which he had held for some 15 years before this proceeding began. During that period, Marshall taught at a few different schools, the latest being McArthur High, where he worked for several years up to and including the 2013-14 school year. Marshall's teaching career, sad to say, has been mediocre. The greater weight of the evidence establishes that, at least as early as 2002, Marshall was identified by administrators and colleagues as a teacher of marginal ability. More than once over the years Marshall was placed on performance probation due to concerns about his unsatisfactory performance. Rather than terminate Marshall's employment, however, the district transferred Marshall from school to school, and somehow he managed to muddle through, doing enough to be rated "satisfactory" and avoid getting the sack. One of Marshall's defining characteristics has been the remarkably high percentages of Fs and Ds that his students consistently have earned, year in and year out. Frequently more than half of his students took home final grades lower than a C——and sometimes quite a bit more than 50 percent fell into this category. This was true across grade levels (Marshall taught grades nine through 12) and without regard to degrees of subject-matter difficulty (Marshall taught advanced as well as basic classes; he was not assigned only struggling students). It was not uncommon for Marshall to fail between one-quarter and one-third of his students. In the 2013-14 school year, for example, 31 percent of Marshall's Liberal Arts Math 2 students received a failing grade; 25 percent of his Math College Readiness students failed; and ten percent of his Algebra 2 students got Fs. This was consistent with a decade-long pattern. Needless to say, a teacher whose students in large numbers routinely get Ds or worse in his classes attracts attention from students, colleagues, parents, and administrators. In Marshall's case, students complained to other teachers——and to their parents. Parents, of course, complained to administrators and demanded that their children be placed in other classes. Often, to placate angry parents, Marshall's students were transferred, with the result that Marshall's classes were small, and other math teachers had to squeeze in additional students. Teachers complained about this. It must be acknowledged that poor grades are not necessarily a reflection of the teacher's ability or lack thereof. Certainly, as a general rule, each student bears substantial responsibility for his or her own grade, and no one should expect a teacher simply to hand out high marks that are unmerited and unearned. Sometimes, to be sure, an F or a D is as richly deserved as an A or a B. That said, the sheer persistence of Marshall's grade distribution under different conditions and through changing student populations implies that something other than resistance or indifference to learning, poor study habits, or lack of intellectual ability must be at work. The undersigned has combed the record for an explanation of his students' poor grades that might exonerate Marshall but can find none. There is no persuasive evidence, for example, that Marshall is a demanding teacher who sets the bar high for his students, administering tough but fair tests that are difficult for the unmotivated or unprepared to pass. To the contrary, Marshall had his students spend time on rote exercises, such as copying definitions and formulas from the textbook, which have little educational value. Nor did Marshall's students tend to excel in their next math classes. Rather, after being taught by Marshall, his students often had difficulty in their subsequent courses because they had not learned the prerequisite material. For years, administrators have tried to cajole or compel Marshall to reduce the number of students receiving Fs and Ds in his classes, not by the expedient of grade inflation, but by implementing different pedagogical techniques and strategies. Marshall, however, has ignored these importunings and directives, and nothing has changed. Marshall's apparent imperviousness to criticism has been an ongoing source of frustration to his colleagues and administrators. Marshall considers himself to be an "awesome" teacher, and therefore he concludes that anyone who has a different opinion——which unfortunately seems to be nearly everyone with whom he has worked——is either mistaken, lying, or treating him unfairly. This has led Marshall to file numerous grievances and complaints against his supervisors, none of which has been successful. He is not, however, confrontational, discourteous, or abusive in his workplace relationships. Rather, Marshall engages in passive-aggressive behavior. Faced with a demand or a directive, Marshall does not argue (although he might politely disagree); he simply does not comply. The greater weight of the evidence persuades the undersigned to find that the bad grades Marshall's students consistently have received are a symptom of Marshall's inability to teach. Although he knows his subject, Marshall lacks the skills necessary to impart his knowledge to his students, who consequently do not learn math in his classes. It is not that Marshall is deliberately trying not to succeed. He is not being insubordinate in this regard. He is simply not suited to the job of teaching high school math. In 2011, following a legislative directive then recently enacted, the school district adopted a teacher evaluation system known as the Broward Instructional Development and Growth Evaluation System ("BrIDGES"), which is based on Dr. Robert J. Marzano's strategies for educational effectiveness. When rating a teacher's classroom performance using BrIDGES, an evaluator inputs his or her observations into a database by filling out an electronic "iObservation" form. The iObservation tool contains 60 "elements," each of which represents a discrete strategy, action, or skill that a teacher might employ as appropriate: e.g., "Using Academic Games," "Identifying Critical Information," and "Displaying Objectivity and Control." The elements are organized under four separate "domains" as follows: Domain 1: Classroom Strategies and Behaviors (Elements 1-41) Domain 2: Planning and Preparing (Elements 42-49) Domain 3: Reflecting on Teaching (Elements 50-54) Domain 4: Collegiality and Professionalism (Elements 55-60). The 41 elements of Domain 1 are further subdivided into nine Design Questions, DQ1 through DQ9. On October 8, 2013, the school district and the Broward Teachers Union entered into a Memorandum of Understanding ("MOU") setting forth their agreements regarding the use of BrIDGES to evaluate teachers for 2013-14. Pursuant to the MOU, each classroom teacher was to receive at least three observations, including one formal (30 or more minutes), one informal (15-25 minutes), and one snapshot or walkthrough (3-10 minutes) observation. During an observation, the subject teacher receives a "datamark" (prescribed number of points) for each element that the evaluator chooses to rate. For 2013-14, the datamarks were as follows: Innovating (Highly Effective), 4 points; Applying (Effective), 3 points; Developing (Effective), 2.5 points; Beginning (Needs Improvement), 2 points; and Not Using (Unsatisfactory), 1 point. Each teacher was to receive at least 45 datamarks, comprising at least 25 datamarks in Domain 1 and 10 within Domains 2, 3, and/or 4. A weighted average of the datamarks assigned to a teacher's performance as recorded on the iObservation forms became the teacher's Instructional Practice Score ("IPS"). The IPS was equal to 0.68X plus 0.32Y, where X was the average of the teacher's Domain 1 datamarks and Y was the average of the teacher's datamarks for Domains 2, 3, and 4 combined. The IPS was reported as a number having three decimal digits, to the thousandths place. This created a false precision, for the calculated result could not possibly have been more precise than the number having the least number of significant figures in the equation, which would always be a one-digit integer (unless the teacher happened to receive strait 2.5s——possible, but unlikely, and not the case here). In other words, the numbers to the right of the decimal point in the teacher's IPS were mathematically insignificant, spurious digits, because the original data could not support a measurement beyond the precision of one significant figure. The IPS should have been (but was not) rounded to a single-digit integer to avoid reporting insignificant digits. For 2013-14, the BrIDGES Overall Evaluation Score equaled the sum of the teacher's IPS (weighted as 49%), Deliberate Practice score (weighted as 1.0%), and Student Growth score (weighted as 50%). Teachers at McArthur High (including Marshall) for whom no individual student data were available automatically received a Student Growth score of 3.0 for that school year, and all teachers (including Marshall) who completed a self-assessment received a Deliberate Practice score of 3.0. The Overall Evaluation Scale for 2013-14 was Highly Effective (3.450-4.000), Effective (2.500-3.449), Needs Improvement (2.000-2.499), and Unsatisfactory (1.000-1.999). As of February 4, 2014, Marshall had received eight observations: three formals, three informals, and two walkthroughs. He had received 56 datamarks in Domain 1 and five datamarks in Domains 2, 3, and 4. His weighted IPS, to that date, was 2.145 (but this computed score was precise to no more than one significant figure and therefore should be understood as a 2 after rounding off the spurious digits), or Needs Improvement. Pursuant to the MOU, once a teacher receives an average IPS of Needs Improvement or Unsatisfactory among other conditions that Marshall had met as of February 4, 2014, a Performance Development Plan ("PDP") may be written for that teacher. Accordingly, in early February 2014, a PDP was written for Marshall. As well, on February 12, 2014, the principal of McArthur High placed Marshall on performance probation for 90 calendar days, delivering to Marshall a notice of "less than effective performance" ostensibly pursuant to section 1012.34(4), Florida Statutes. The statute, however, authorizes 90-day performance probation only for a teacher whose performance is unsatisfactory, and Marshall's performance was not unsatisfactory; it was Needs Improvement. Needs Improvement is, to be sure, less than Effective performance, but it is better than Unsatisfactory. Indeed, none of the levels of performance besides Unsatisfactory denotes unsatisfactory performance and thus, logically, all teachers rated Highly Effective, Effective, or Needs Improvement fall within the range of satisfactory performance. In any event, between February 28 and May 7, 2014, Marshall received 12 more observations, which added 75 datamarks to his total in Domain 1 (making 131 in all) and six additional datamarks in Domains 2, 3, and 4 (for a grand total of 11). The iObservation forms for Marshall's last six observations, incidentally, are not in evidence. As of May 7, 2014, Marshall's IPS was 1.963. This number, by itself, would be Unsatisfactory on the Overall Evaluation Scale. Given, however, that the initial numerical data was captured (mostly) in single-digit integers, together with a handful of 2.5s, the decimal places are spurious in this result; there is no meaningful distinction between "1.963" (which is a textbook example of false precision) and "2" (which is what 1.963 should be rounded up to, to avoid the fallacy of overprecision). Thus, if the insignificant figures are ignored, Marshall's IPS, by itself, is actually Needs Improvement. But more important, Marshall's IPS was not his Overall Evaluation Score, and therefore it is improper and unfair to deem his performance Unsatisfactory on the Overall Performance Scale based on an IPS of 1.963 as the School Board wants to do. Marshall's Overall Evaluation Score, as calculated by the School Board, was 2.492 — Needs Improvement.1/ Again, Needs Improvement is less than Effective and clearly not ideal, but it is not Unsatisfactory. To the contrary, Needs Improvement is one of the levels of satisfactory performance. Going a step farther, if Marshall's IPS were rounded to 2, as it should be to eliminate the false precision, and his Overall Evaluation Score recalculated absent the spurious decimals, then his final score would be 2.51, which in turn should be rounded to 3 to avoid overprecision, but which equals Effective performance regardless. The point is, based on a final score of 2.492, Marshall's overall performance can as correctly be deemed Effective as Needs Improvement, for there is no real difference between 2.492 and 3 based on the original data used to make these calculations.2/ (To repeat for emphasis, computations cannot make the original data more precise.3/) Determinations of Ultimate Fact The greater weight of the evidence fails to establish that Marshall is guilty of the offense of misconduct in office, which is defined in Florida Administrative Code Rule 6A-5.056(2).4/ The greater weight of the evidence establishes that Marshall is guilty of incompetency,5/ which is just cause for dismissal from employment. A preponderance of the evidence establishes that Marshall's performance as measured in accordance with the BrIDGES evaluation system was not Unsatisfactory during the 2013-14 school year. Therefore, the evidence does not support the termination of Marshall's employment contract pursuant to section 1012.34(4). The evidence does not support a determination that Marshall independently violated section 1012.53, apart from his incompetency, which affords a sufficient basis (as "just cause") for dismissal. The evidence does not support a determination that Marshall independently violated School Board Rule 4008(B), apart from his incompetency, which affords a sufficient basis (as "just cause") for dismissal.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the School Board enter a final order dismissing Marshall from his employment as a teacher in the Broward County Public Schools for the just cause of incompetency as a result of inefficiency. DONE AND ENTERED this 24th day of March, 2016, in Tallahassee, Leon County, Florida. S JOHN G. VAN LANINGHAM Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 SUNCOM 278-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 24th day of March, 2016.
The Issue Whether Respondent violated Lake County School Board Policy 2.71 as described in letters from the Lake County Superintendent of Schools dated January 2, 2007, and January 7, 2007, and if so, what penalty should be imposed.
Findings Of Fact The School Board of Lake County is the corporate body politic responsible for the administration of schools within the Lake County School District. At all times material to this proceeding, Paul Ogles was employed as an English/speech teacher at the Curtright Center of Eustis High School in the Lake County School District. Mr. Ogles, a Caucasian male, has been employed as a teacher for the District for nine years. At all times material to this proceeding, Ms. Bernetta McNealy, an African-American woman, was employed as a teacher at the Curtright Center of Eustis High School. Ms. McNealy's classroom is adjacent to Mr. Ogles' classroom. During the 2005-2006 school year, Ms. Tess Rogers was an assistant principal at Eustis High School and one of Mr. Ogles' supervisors. Mr. Michael Elchenko was Principal at Eustis High School during this time, and Ms. Rebecca Nelsen was the Director of Compensation and Employee Relations for Lake County School District. Mr. Ogles' first teaching position was as a teaching assistant with Project Outward Bound at Morris Brown College, a historically black college in Atlanta, where he prepared high school students for college. Mr. Ogles returned to teaching twenty years later after running his own textbook company. Mr. Ogles has received excellent evaluations during his employment by the Lake County School District. Once a teacher receives a rating or twelve (the highest rating possible) for two consecutive years, the educator may choose to participate in a PG-13 Appraisal of Professional Growth/Career Development instead of receiving the normal educator evaluation. Mr. Ogles qualified for this type of evaluation and successfully participated in the PG-13 appraisal process for several years. Mr. Ogles has sponsored or assisted with many school organizations such as the Beta Club; the Chess Club; the Key Club; the High Q Club; and the Speech and Debate Club. He used personal funds to support the students' activities, including paying $300.00 to rent a bus so students could attend a competition. Mr. Ogles was one of two Team Leaders on campus and in that capacity worked with the assistant principal to try to upgrade the quality of the school and to increase interaction between students and teachers. He also volunteered for bus duty before and after school. While performing bus duty, it was often Mr. Ogles' responsibility to enforce the school's dress code as students arrived on campus. Eustis High School has a policy of prohibiting students from wearing clothing with symbols or messages that may be considered disruptive to the learning environment. Students are not necessarily disciplined for wearing such clothing, but are requested to remove the offensive clothing, turn it inside out so as to hide the offensive message, put other clothing on over it or call home to have alternate clothing provided. The Confederate flag is one such symbol that is not allowed to be displayed on clothing worn to school. Dixie Outfitters is a line of clothing that sometimes bears the Confederate flag. Mr. Ogles was aware that the school policy forbade the wearing of the Confederate flag and he often was involved in enforcing the policy against students wearing the symbol. On or about May 19, 2006, Mr. Ogles was using his computer to search for project ideas for the following year while his students were taking a test. He was looking at a website called www.cagle.com, a political website from which he has gotten cartoons in the past. Several cartoons from this website are posted in his classroom, and there was no evidence presented to indicate that anyone had ever complained about their display. While viewing the website, he saw a cartoon that depicted a Confederate flag. However, instead of the traditional "stars and bars," the cartoon showed black arms crossed, with stars imprinted on them. The hands were extended beyond the flag, with the wrists shackled. The cartoon was originally published in approximately 2000, as a means of protesting the consideration by several southern states to display the Confederate flag at state buildings. When Mr. Ogles first saw the cartoon, he thought that it was "strong art" depicting the Confederate flag as a symbol of racism. In between classes, he showed the cartoon to Ms. McNealy. He asked her if she was familiar with students wearing Dixie Outfitters clothing. She indicated she was not. He stated that perhaps this cartoon could be placed on a new line of clothing for black students to wear in response to the "heritage" argument white students used to defend the wearing of the Confederate flag. The conversation was very short, as the bell was ringing for the next class to begin. Ms. McNealy did not respond to Mr. Ogles or give him any indication that she was offended or bothered in any way. There is also no evidence that she ever discussed her feelings about the cartoon with Mr. Ogles at any later time. Mr. Ogles testified, and his testimony is credited, that he believed that because the cartoon advocated a position against the display of the Confederate flag, that it would support what he believed to be Ms. McNealy's position on this issue. It is his view that African-Americans have as much ownership of the Confederate flag as anyone else, and should be able to use the image to express their views. While Ms. McNealy did not tell Mr. Ogles that she was offended by the cartoon, she did make her feelings known to Ms. Rogers, the assistant principal and Michael Rivers, a guidance counselor at the Curtwright Center, almost immediately. Ms. Rogers is Caucasian and Mr. Rivers is African-American. Both found the cartoon to be offensive. After speaking with Ms. Rogers and Mr. Rivers, Ms. McNealy left campus for the day. About an hour after he showed Ms. McNealy the cartoon, he was asked to come to the office and was informed by Ms. Rogers and Mr. Jones, another administrator, that Ms. McNealy was upset about the cartoon and had left campus. Mr. Ogles did not realize that Ms. McNealy would be offended by the cartoon and had he realized she would be offended, he would not have shown it to her. On May 22, 2006, Mr. Elchenko, the Principal of Eustis High School received a written complaint from Ms. McNealy about Mr. Ogles' showing her the cartoon.1/ Mr. Elchenko determined Mr. Ogles' conduct to be unprofessional and issued a Professional/Personal Action Report Relating to Work Experience (Appraisal II form) and Prescription/Assistance Form to Mr. Ogles. Both documents directed him to stop giving materials to co-workers that could be considered offensive. Mr. Ogles has complied with these directives. After Mr. Elchenko completed his investigation, Mr. Elchenko reported the allegations to the School Board's District office because he believed the allegations in Ms. McNealy's complaint rose to the level of racial harassment. Rebecca Nelsen conducted an investigation on behalf of the School District. Mr. Ogles was reassigned from his teaching position at Eustis High School to the County Copy Center by letter dated July 17, 2006, and remains in that placement today. Ms. Nelsen determined that Mr. Ogles' conduct created an intimidating, hostile or offensive work environment on the basis of race, which is prohibited by School Board policy. Ms. Nelsen recommended to the Superintendent that Mr. Ogles' employment be terminated. A separate investigation was conducted for the School Board by a private entity called the Robert Lewis Group. The findings and recommendations of that investigation are not part of this record. By letter from the Superintendent dated January 2, 2007, Mr. Ogles was suspended without pay for the period from January 8, 2007 through January 12, 2007, and was directed to receive cultural sensitivity training for violating School Policy 2.71. There is no evidence submitted to indicate that the Superintendent's decision was approved or ratified by the Lake County School Board. Mr. Ogles served his period of suspension and successfully completed cultural diversity training. Before this incident, Mr. Ogles had never been accused of making any appropriate racial remarks and was not considered to be a racist individual. He had expressed the view that racism should hold no place in education. His principal did not question his competence as an educator.
Recommendation Upon consideration of the facts found and conclusions of law reached, it is RECOMMENDED: That a final order be entered dismissing the charges against Respondent, and rescinding all discipline previously imposed. DONE AND ENTERED this 12th day of June, 2007, in Tallahassee, Leon County, Florida. S LISA SHEARER NELSON Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 SUNCOM 278-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 12th day of June, 2007.
Findings Of Fact Respondent, Magda R. Cenal (Cenal) has been employed by Petitioner, School Board of Dade County (School Board) as a music teacher for primary grades since 1972. On November 19, 1986, the School Board suspended Cenal from her position, and sought her dismissal for excessive absenteeism for the school years 1975-76 through 1985-86. Cenal contests the School Board's action, and contends that she has a right to job protection under her contract of employment when on approved leave and that all her absences were duly approved. The proof is uncontroverted that during the school years 1975-76 through 1985-86 Cenal was absent from her employment for protracted periods of time, and that such absences impaired her effectiveness in the school system and deprived her pupils of a minimum educational experience. The proof is also uncontroverted that Cenal was repeatedly directed to improve her attendance, but failed to do so. Resolution of this case is, however, dependent on whether Cenal's absences were consistent with the terms of her contract of employment (approved). If consistent, she is entitled to employment protection, and the impact of her absences is not relevant. Article XIV of the contract between the School Board and the United Teachers of Dade, prescribes the leaves of absence available to teachers employed by the School Board, as well as the accrual and use of sick leave. If an employee's absence is in accordance with the provisions of this contract it is deemed approved, and their employment rights are protected. In the instant case Cenal avers that all her absences were approved. The School Board concedes that at no time was Cenal absent without approved leave and, notably, did not contest the propriety of a single absence.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that Respondent, Magda R. Cenal, be reinstated with back pay, and all other benefits to which she is rightfully entitled. DONE and ENTERED this 25th day of August, 1987, in Tallahassee, Florida. WILLIAM J. KENDRICK 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 25th day of August, 1987. APPENDIX TO RECOMMENDED ORDER, CASE NO. 86-4804 Petitioner's proposed findings of fact are addressed as follows: Addressed in paragraph 1. Not necessary to result reached. 3-6. Addressed in paragraph 2-4. 7-10. To the extent relevant, addressed in paragraph 2. Mr. Renuart's evaluation of Respondent during the 1978-79 school year and his recommendation that she be dismissed was not acted upon by the School Board. Other than her absence record, there is no competent proof that she suffered any deficiencies noted by Mr. Renuart in subsequent years. 11-17. Addressed in paragraphs 2-4. 18-19. Addressed in paragraph 2. 20-22. Not necessary to result reached. 23-24. Addressed in paragraph 2. 25. Not supported by competent proof. 26-32. Addressed in paragraph 2. 33. Not necessary to result reached. 34-37. To the extent relevant, addressed in paragraph 2. Addressed in paragraph 2. Addressed in paragraph 4. Addressed in paragraph 2. Not necessary to result reached. Also see paragraphs 1-4 of recommended order. Respondent's proposed findings of fact are addressed as follows: To the extent relevant, addressed in paragraph 1. Respondent's absenteeism is addressed in paragraph 2. The interrogatories filed in this case are not, however, probative since they were not introduced into evidence. Addressed in paragraph 2. Addressed in paragraph 4. Addressed in paragraph 3. Addressed in paragraph 2. Also see the address to petitioner's proposed findings of fact 7-10. COPIES FURNISHED: Johnny Brown, Esquire 1450 Northeast Second Avenue Suite 301 Miami, Florida 33132 William DuFresne, Esquire 2929 Southwest Third Avenue Suite C Miami, Florida 33129 Honorable Betty Castor Commissioner of Education The Capitol Tallahassee, Florida 32399 Dr. Leonard Britton Superintendent of Schools Dade County School Board 1450 Northeast Second Avenue Suite 301 Miami, Florida 33132
The Issue Whether Respondent should be transferred from Glades Middle School to an opportunity school.
Findings Of Fact For the 1989-90 school year John Sarmiento was enrolled in the Dade County public school system and he was assigned to the eighth grade at Giades Middle School. On November 27, 1989, Petitioner administratively transferred him from Glades Middle School to J.R.E. Lee, an opportunity school. The stated basis for the transfer was the student's disruptive behavior and his failure to adjust to the regular school. As an opportunity school, J.R.E. Lee has a more structured program than a traditional school, such as Glades Middle School, and is designed to assist students with discipline problems. While attending Glades Middle School, John Sarmiento repeatedly engaged in disruptive conduct that interfered with his own learning and with the learning of others in his classes. This conduct resulted in his being referred to the assistant principal's office between five and ten times per week. On one occasion the student, while in class, threw a piece of chalk at another student. On another occasion, the student engaged in an argument with another student that almost resulted in a fight during class. On an almost daily basis, the student would wander around the class while making loud, boisterous comments. This student's misconduct would have merited his suspension according to the district code of student conduct. Instead of suspending this student, the school officials worked with him and with his parents in an effort to improve his behavior. Unfortunately the considerable efforts of the personnel at Glades Middle School to serve the student's educational needs did not succeed. The student needs the structured environment that the opportunity school can provide, and his educational needs will best be served by his transfer.
Recommendation Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED that Petitioner enter a final order which approves John Sarmiento's assignment to the J.R.E. Lee opportunity school. DONE AND ENTERED this 3rd day of April 1990, in Tallahassee, Leon County, Florida. CLAUDE B. ARRINGTON Hearing Officer Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-1550 904/488-9675 Filed with the Clerk of the Division of Administrative Hearings this 3rd day of April 1990. COPIES FURNISHED: Frank R. Harder, Esquire 2780 Galloway Road, Suite 100 Twin Oaks Building Miami, Florida 33165 Maria Ruiz de la Torre, Esquire 7111 Biscayne Boulevard, Suite Three Miami, Florida 33138 Madelyn P. Schere, Esquire Assistant Board Attorney Dade County Public Schools School Board Administration Building 1450 Northeast Second Avenue Miami, Florida 33132 Dr. Paul W. Bell Superintendent of Schools Dade County Public Schools School Board Administration Building 1450 Northeast Second Avenue Miami, Florida 33132
