Findings Of Fact Alexander Harris was a student at Parkway Junior High School during the 1984-85 and 1985-86 school years until his assignment to the alternative school. He also attended summer school in 1985 For the school year 1984-85, Harris received final grades of F in four classes and C in two classes. The classes he passed were special placements in the exceptional education classes for the learning disabled in mathematics and language arts. Harris attended summer school in 1985 and received a final grade of F for the two classes he took. Harris has an extensive history of disciplinary problems. On September 13, 1984, he was referred for discipline for class disruption and refusal to do his assignment. On September 18, 1984, he was again referred for constantly causing class disruption. Three days later, on September 21, 1984, he was suspended for three days for throwing juice cartons in the cafeteria during lunch. Harris was again disciplined on October 18, 1984, for refusing to dress out for P.E. and using obscene language in speaking to the teacher. He was suspended for five days on February 11, 1985, for skipping class and running and hiding from the school administrator. On April 3, 1985, Harris was suspended for three days for fighting. Finally, on May 24, 1985, Harris was suspended for ten days and was recommended for expulsion for possession and concealment of a loaded gun on the school campus during school hours. Harris was not expelled, but the recommendation was changed to that at issue in these proceedings.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the School Board of Dade County enter a Final Order assigning Alexander Harris to the alternative school program at Jan Mann Opportunity School-North. DONE and ORDERED this 19th day of February, 1986, in Tallahassee, Florida. DIANE K. KIESLING, Hearing Officer Division of Administrative Hearings The Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32399 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 19th day of February, 1986. COPIES FURNISHED: Frank R. Harder, Esquire 2780 Galloway Road (87th Avenue) Suite 100, Twin Oaks Building Miami, Florida 33165 Mrs. Essie Harris, Mother of Alexander Harris P. O. Box 2464 Miami, Florida 33055 Dr. Leonard Britton Superintendent of Schools Dade County Public Schools Board Administration Building 1450 N.E. Second Avenue Miami, Florida 33132 Mrs. Maeva Hipps 1415 N.E. 2nd Avenue Miami, Florida 33136
Findings Of Fact During the 1985-86 school year, Respondent Francisco Gutierrez was a student in the eighth grade at Rockway Junior High School. Respondent was suspended a total of 38 days during the 1985-86 school year as a result of his defiant and disruptive behavior. Between November 1985 and April 1986 fourteen Student Case Management Referral Forms were written regarding Respondent's behavior by six different teachers. These complaints concerned Respondent's refusal to abide by school rules and involved such conduct as repeatedly refusing to serve detentions, refusal to work in class, preventing other students from working, refusing to sit or stand where instructed to by various teachers, refusal to refrain from talking with other students after being directed to stop talking, playing tackle football, refusal to "dress out" in his physical education class, "blasting" the foghorn during his physical education class, and throwing paper in the classroom. These various incidents resulted in Respondent's numerous indoor and outdoor suspensions. By the end of the third grading period during the 1985-86 school year, Respondent's grades were F3F in Art, D3F in Industrial Education, C2C in Physical Education, F3F in Mathematics, F3F in Language Arts, and F3C in Social Studies. Respondent's only passing grade of "C" in Physical Education was given to him by a teacher who had just taken over teaching that class two weeks earlier. Several conferences with Respondent's parents were held by school personnel during the school year. At those conferences it was learned that Respondent intended to fail in school so that when he was eventually promoted to Coral Park Senior High School, he would be older and physically more mature than others in his class and he would, therefore, be able to excel in sports. Respondent's plan is condoned by his father, and, accordingly, conferences with the parents in an effort to help Respondent were exercises in futility. In April 1986 a conference was held at Rockway Junior High School which culminated in the recommendation that Respondent be transferred into the educational alternative program at J. R. E. Lee which offers smaller classes, behavioral modification, and full-time psychologists. Respondent's own therapist agrees that Respondent is disruptive and disinterested in school and that Respondent could benefit from a more structured educational program.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is, RECOMMENDED that a Final Order be entered assigning Respondent Francisco Gutierrez to the educational alternative program at J. R. E. Lee until such time as his performance reveals that he can be returned to the regular school program. DONE and RECOMMENDED this 9th day of September, 1986, at 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 9th day of September, 1986. COPIES FURNISHED: Leonard Britton, Superintendent School Board of Dade County 1410 Northeast Second Avenue Miami, Florida 33132 Phyllis O. Douglas Assistant Board Attorney Dade County Public Schools 1410 Northeast Second Avenue Miami, Florida 33132 Frank R. Harder, Esquire Twin Oaks Building, Suite 100 2780 Galloway Road Miami, Florida 33165 Mr. & Mrs. Eugenio Gutierrez 9570 S.W. 28 Street Miami, Florida 33165
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, Robert Ressler, holds Florida Teaching Certificate No. 396920 covering the areas of social studies, history, physical education, administration and supervision, which is valid through June 30, 1991. The Respondent was employed as a teacher at the Land O'Lakes High School in the Pasco County School District from 1984 until April, 1990. The Respondent is currently 43 years of age and weighs 215 pounds. During the years of the '88-89, and '89-90 school year, he taught three mainstream classes and two alternative education classes as a part of the Alternative Education Program at Land O'Lakes High School. There were approximately 80 students in his combined classes. The Alternative Education Program was a program at Land O'Lakes High School for students that lacked motivation, were poor in attendance, were failing courses, and had low self-esteem. One evening, in February of 1989, a mainstream class student, Wes Harden, and others, vandalized the Respondent's home and van by throwing eggs at it. Subsequently, the Respondent heard rumors that Harden was the individual who vandalized his home and van. Later, when Harden came into the Respondent's class, he took him in the hallway and angrily told him that he did not ever want to see him on his property again. After class, the student, Harden, went to an administrator, Mr. Broadbelt, and reported the incident. He initially lied about his involvement in the vandalism, and alleged that Respondent threatened to break every bone in his body, and would kill him if he ever saw him around Respondent's neighborhood again. The next day, Respondent discussed the incident with Assistant Principal Broadbelt, and no disciplinary action was taken against Respondent following this event. In August, 1989, just prior to the beginning of the school year, teacher, Viginia Lupo, complained that she had a disagreement with Respondent, and that Ressler showed disapproval toward her and the school administrators. Ressler went to Ms. Lupo's classroom to retrieve some world history textbooks. Lupo first denied that she had the textbooks, but after searching, she found them. Lupo admitted that she had mixed up Mr. Ressler with Mr. Russell, and thought that she had already given the books away. During this episode, Respondent became angry, loud, and excited, but did not degrade her. In October, 1989 at an open house for Alternative Education parents, Ressler became angry and raised his voice toward Virginia Lupo for allowing students to sit on the desks and the floor in his classroom. Lupo was upset by Respondent's conduct. Lupo complained to two school administrators regarding Respondent's conduct, but no disciplinary action was initiated against Respondent. On October 17, 1989, Respondent brought a student, Michael Moore, into Assistant Principal Carolyn Fabal's office, for extreme misbehavior, including spitting, throwing food, and making obscene gestures toward him. Respondent had written up disciplinary referrals several times on Michael Moore prior to this incident, and the student had previously been suspended, and otherwise disciplined on grounds of defiance of authority and misconduct. While in Carolyn Fabal's office, Michael Moore raised his voice, and was extremely angry. Respondent was also angry, and raised his voice in order to be heard over the student and inform Fabal about what happened. During the course of this incident, Respondent demonstrated the obscene gesture which was made by Michael Moore toward him by grabbing his crotch. This was inappropriate behavior on the part of Respondent when attempting to discipline a student. Robert Ressler did not fill out disciplinary forms in connection with the Michael Moore incident on the day in question. Respondent had also complained regarding his perceived lack of support from the administration, and that he had asked for support from Ms. Fabal regarding policies in school suspensions. Shortly thereafter, Ms. Fabal wrote an informal "letter of clarification" regarding these incidents directed to Respondent which was not placed in his file. During that same school year on December 5, 1989, the Respondent attended a Land O'Lakes High School varsity girls basketball game as an assistant coach. During the game, two technical fouls were called on the opponent's head coach, and one technical on his team's head coach. At the conclusion of the game, the Respondent expressed his dissent concerning the calls made during a game by approaching one of the officials and stating that he had done a really poor job, and that both head coaches from each school felt that way. He asked the official to make sure he put his name in the score book. As a result of this exchange with the official, the principal of the school, Albert Bashaw, received a letter from Fred Rozelle, the Executive Secretary for the Florida High School Athletic Association. This letter reproached the Respondent for acts unbecoming a coach. The letter charged that, "the Respondent's conduct tended to incite the spectators and players, and showed a poor example of good sportsmanship." The letter went on to state, "under no circumstance shall a coach attempt to publicly criticize, berate, or intimidate the official which should be shown the utmost courtesy, dignity, and respect." Upon receipt of the letter, the principal discussed its contents with Mrs. Marion Ressler, the girls varsity coach. He did not talk with Respondent or give him a copy of the letter. There was no competent evidence to support these allegatoins. During the 1988-89 and 1989-90 school year, the Respondent frequently allowed the students in his Alternative Education classroom to use inappropriate language; to-wit, cursing between themselves and occasionally between himself and his students. Respondent did not encourage inappropriate language in his classroom, and did reprimand and write-up students who swore excessively. Respondent tried to handle the problem himself by either talking it through, or by using humor. The Administrator at Land O'Lakes High School received some complaints from parents and students regarding the Respondent's use of vulgar language in the classroom. During the 1988-89 school year, an Administrator, Peter Kennedy, at Land O'Lakes gave him a written warning which the Respondent signed regarding his inappropriate use of language when he brought a student to the office for discipline. The administration of Land O'Lakes High School never made any mention of these allegations concerning the use of profanity or inappropriate language in Respondent's evaluations. An Alternative Education class requires informality. Foul language may sometimes be overlooked, since the goal is to get these students, who are disinterested and disruptive, to stay in school and learn. Behavior, not language, is the appropriate focus of the Alternative Education classroom. During the 1988-89 school year, Respondent became angry and began shouting when he caught two EH students using the back of the school to go back and forth between classes. An EH teacher, Ms. Monique Vinski, had received permission for her students to pass behind the school. Because the Administration had a general rule which prohibited students from going in this area between classes, Respondent did not accept her statement that the students had permission to use that route and was visibly angry. Ms. Vinski was subsequently told by the Administration to take her students through the hallway. Respondent was never formally or informally disciplined for this event, nor was there any record of the event in his personnel file. During the same period of time, Respondent stopped another emotionally handicapped student for being in an inappropriate area. Respondent became very angry, and was shouting at the student. During the '89-90 school year at Land O'Lakes, the Respondent had in his class an Alternative Education student by the name of Billy Eviston. During a discussion on racism and abortion, in American History class, Eviston expressed an opinion that was opposed by the Respondent. Whereupon the student felt that Respondent had demeaned him, and he reported his recollection of the event to the Administration. No disciplinary action was taken for this incident. During the 1989-90 school year, Sgt. Richard Thiel, who was a recruiter in the National Guard, taught employability skills classes at the different high schools in Pasco County. Sgt. Thiel had scheduled months in advance a classroom presentation to several classes, including Respondent's class, through the Occupational Specialist, Woody Wall. Thiel and his assistant walked into Respondent's class in civilian clothes, pushing a cart with a movie projector on it. He did not identify himself. Upon the Sgt.'s entry into the classroom, the Respondent said he did not know who Sgt. Thiel was, and that he was expecting Woody Wall to teach the class. Whereupon Respondent exited the classroom in a futile search to find Wall. Thiel felt that Respondent's attitude toward him was very arrogant and he decided he would not teach the class that day. He and his assistant left Respondent's classroom prior to the return of Respondent. There was no altercation between Respondent and the Sgt. and his assistant. No disciplinary action was taken in connection with this incident. In March of 1990, an Alternative Education student, Terekita Brown, date of birth, 9/2/72, was in the Respondent's 10th grade class. She was a disruptive student, who had a history of poor grades, high absenteeism, and disruptive and rude behavior. Brown came late to class with an admit slip for readmittance into the ecology class which she gave to the Respondent, who questioned it's authenticity. Miss Brown became angry and responded by saying "fuck you." When other students became agitated with her, she swore at the other students as well, and made vulgar comments to Respondent about his wife, and continued to repeat "fuck you" in a loud and angry manner. Finally, to diffuse the situation, Respondent tried to use humor and said to Brown, "right here in front of the class?". Respondent did not return profanity toward Brown, or the students that day. The mood in the room was laughter, and Brown was also laughing concerning the interchange. When the class quieted down, Respondent taught the remainder of the class, and Terekita Brown finished out the remainder of the class without incident. The entire incident lasted between two to five minutes. Following the class, the incident was reported to the Administration who assigned James Davis, Director of Instructional Employees Relations to investigate. Davis concluded the Respondent did not call Brown a prostitute directly, but did so by implication, and should be disciplined. The method used by Respondent to diffuse the Brown situation was an acceptable technique in alternative education. Each assessment evaluation for the period of 1984 to 1990 rated Respondent as a very satisfactory teacher. The March 7, 1990 evaluation, performed by an assistant principal and signed by the principal, classified Respondent "as a very fine teacher and a credit to Land O'Lakes High." On or about April 4, 1990, the Respondent was suspended without pay by the District School Board of Pasco County. On or about May 2, 1990, the Respondent's employment contract with the District was terminated as a result of their finding of misconduct in office, gross insubordination, and neglect of duty.
Recommendation Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED that a Final Order be issued finding that Robert Ressler did not violate the provisions of Sections 231.262(6) and 231.28(1), Florida Statutes, and Rule 6B-1.006(5), Florida Administrative Code, but did violate Rule 6B-1.006(3), Florida Administrative Code, due to his loss of temper. It is further RECOMMENDED that a Final Order be issued reprimanding Respondent for the above violations. DONE AND ENTERED this 20th day of November, 1991, in Tallahassee, Leon County, Florida. DANIEL M. KILBRIDE 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 20th day of November, 1991. APPENDIX The following constitutes my specific rulings, in accordance with section 120.59, Florida Statutes, on findings of fact submitted by the parties. Petitioner's proposed findings of fact. Accepted in substance: paragraphs 1,2,3,4,5,6,7 (in part), 8 (in part), 9 (in part), 10, 11, 13 (in part), 18, 19 (in part), 20, 22 (in part), 23 ( in part), 24, 25, 26, 28 (in part), 29, 30, 31, 32, 33 (in part), 34, 35, 37, 38, 42, 43, 46, 47, 49, 54, 56 Rejected as against the greater weight of evidence or irrelevant: paragraphs 7(in part), 8(in part), 9(in part), 12, 13(in part), 14, 15, 16, 17, 21, 22 (in part), 23 (in part), 27, 28 (in part), 33 (in part), 36, 39, 40, 41, 44, 45, 48, 50, 51, 52, 53, 55 Rejected as subsumed or conclusions of law: paragraphs 57, 58, 59, 60, 61, 62, 63, 64, 65 Respondent's proposed findings of fact. Accepted in substance: paragraphs 1,2,3,4,5,6,9 (in part), 11, 12, 13, 14, 16, 18, 20, 21, 22, 23, 24, 25, 27 (in part), 29, 30, 32, 33 (in part), 34 (in part), 36, 37 (in part), 39, 41, 42 (in part), 43, 44, 45 46 (in part), 47, 48, 56, 58, 59, 60, 61 (in part), 62, 63 Rejected as subsumed, irrelevant or argument: paragraphs 7, 8, 9 (in part), 10, 15, 17, 19, 26, 27 (in part), 28, 31, 33 (in part), 34 (in part), 35, 38, 40, 46 (in part), 49, 50, 51, 52, 53, 54, 55, 57, 61 (in part), 64, 65 Copies furnished: Lane Burnett, Esquire 331 E. Union Street, Ste #2 Jacksonville, Florida 32203 Lorna Sills Katica, Esquire 1950 NCNB Plaza 400 N. Ashley Drive Tampa, Florida 33602 Karen Barr Wilde Executive Director 301 Florida Education Center 325 West Gaines Street Tallahassee, Florida 32399-0400 Jerry Moore, Administrator Professional Practices Services 352 Florida Education Center 325 West Gaines Street Tallahassee, Florida 32399-0400
The Issue The issue for determination at the final hearing was whether the Respondent Mary Ann Phillips should be assigned to an alternative school placement. At the final hearing Kenneth Rogers, Assistant Principal, Homestead Junior High School, and Angela McCrenna, Assistant Principal at Campbell Drive Middle School, testified for the Petitioner. Petitioner's Exhibits 1-2 and Respondent's Exhibit 1 were offered and admitted into evidence.
Findings Of Fact During the 1982-83 school year, the Respondent Mary Ann Phillips was enrolled as a seventh grade student at Homestead Junior High School. On or about October 7, 1982, the Respondent Phillips was referred to Kenneth Rogers, Assistant Principal, by a Home Economics teacher as part of an investigation into the theft of another student's sewing supplies. The Respondent was found to be in possession of the stolen articles which included patterns, scissors and fabrics. A letter was sent to the Respondent's mother which requested a conference concerning this incident; however, no response was received from Mrs. Phillips. On November 30, 1982, six dollars was stolen from a purse during a class when the purse was placed unattended on a table. The students who had access to the purse were questioned by Rogers, who was told that the Respondent Phillips went into the purse while it was on the table. Rogers searched the Respondent and found six dollars in one of her books. As a result of this incident the Respondent was suspended from school for ten days. On February 7, 1983, the Respondent Phillips was again suspended for ten days for the theft of $27 from the purse of a substitute teacher. As a result of this incident, Rogers recommended an alternative placement for the Respondent Phillips. Following her difficulties at Homestead Junior High School, the Respondent Phillips received permission from the Petitioner to transfer schools and enroll as a regular student at Campbell Drive Middle School, but on a probationary status. The Respondent's mother was informed that the Respondent's continued placement at Campbell Drive was contingent on no further discipline problems arising. In May of 1983, Joanna Linardi, a teacher at Campbell Drive, discovered that her wallet was stolen during one of her classes. Linardi was missing cash and a large sum of money in the form of travelers checks. The next day a purse was found which was inadvertently left in a Home Economics class. The purse belonged to the Respondent, and among its contents were Linardi's wallet and travelers checks. Based on the Respondent's possession of the checks, an alternative placement was again recommended.
Recommendation Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED: That Petitioner enter a Final Order assigning Mary Ann Phillips to its opportunity school. DONE and ENTERED this 17th day of October, 1983, in Tallahassee, Florida. SHARYN L. SMITH, Hearing Officer Division of Administrative Hearings The Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32301 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 17th day of October, 1983. COPIES FURNISHED: Larry Handfield, Esquire McCRARY AND VALENTINE, P.A. Suite 800 - Executive Plaza 3050 Biscayne Boulevard Miami, Florida 33137 Mitchell A. Horwich, Esquire Legal Services of Greater Miami, Inc. Northside Shopping Center 149 West Plaza, Suite 210 7900 N.W. 27th Avenue Miami, Florida 33147 Dr. Leonard Britton Superintendent of Schools School Board of Dade County Lindsey Hopkins Building 1410 Northeast Second Avenue Miami, Florida 33132
Findings Of Fact 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
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 Respondent left Cuba with her parents in 1981. She resumed school in Spain and thereafter immigrated to the United States. She has had difficulty in adjusting here, especially to the language change. She is currently a 7th grade student at West Miami Junior High School. She is failing most of her subjects and has an absentee rate (unexcused) of nearly 50 percent. She has been involved in fights at school on two occasions during the current academic year. School officials have met with her parents, and have counseled Respondent in an effort to assist her. These efforts have been unsuccessful. Recently, her parents have taken her to the "Family and Adolescent Development Center" where she is apparently receiving therapeutic services. A late-filed exhibit on her current, diagnosis (Respondent's Exhibit 1) was to be furnished by Respondent's therapist. However, this document was not filed. Therefore, the results of the therapeutic referral were not established.
Recommendation Based on the foregoing, it is RECOMMENDED that Petitioner enter a Final Order assigning Respondent to its Educational Alternative Program. DONE AND ENTERED this 19th day of June, 1984, at Tallahassee, Florida. R. T. CARPENTER Hearing Officer Division of Administrative Hearings The Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32301 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 19th day of June, 1984. COPIES FURNISHED: Mark Valentine, Esquire 3000 Executive Plaza 3050 Biscayne Boulevard Miami, Florida 33137 Mr. Reinaldo Sanchez 6797 South West 21st Street Miami, Florida 33155 Dr. Leonard Britton Superintendent of Schools Dade County Public Schools 1410 Northeast Second Avenue Miami, Florida 33132 Madelyn P. Schere, Esquire Assistant Board Attorney Dade County Public Schools 1410 Northeast Second Avenue Miami, Florida 33132
The Issue The issue herein concerns Respondent's appeal of the School Board's assignment of George S. Mulet, Jr. to an alternative school placement.
Findings Of Fact Based on the documentary evidence received and the entire record compiled herein, the following relevant facts are found: By letter dated February 9, 1983, the Petitioner, School Board of Dade County, Florida, administratively assigned Respondent, George Sixto Mulet, Jr. to Youth Opportunity School--South--in accordance with a recommendation of the principal and screening committee of the Petitioner's Department of Alternative Education Placement. The basis for that action was allegedly the Respondent's disruption of the educational process in the regular school program. By letter dated March 8, 1983, and received by the Division of Administrative Hearings on March 21, 1983, the Petitioner referred the matter to the Division of Administrative Hearings for a hearing pursuant to Chapter 120, Florida Statutes. The matter was duly scheduled by copy of a notice of hearing served on the parties dated April 11, 1983, noticing the matter for hearing for April 27, 1983. In this regard, the undersigned's secretary received a message from Marta Quinones, Respondent's mother, stating that she was requesting a continuance of the hearing. The undersigned Hearing Officer's secretary advised the parent, Marta Quinones, that it would be necessary to request a continuance in writing. No such written request was received, nor was the undersigned Hearing Officer, or Petitioner's counsel, advised in writing, or otherwise, that the Respondents would not appear at the hearing as scheduled. Accordingly, I shall recommend that the matter be referred to the School Board of Dade County to take final action consistent with its preliminary assignment based on the Respondent's failure to administratively pursue its appeal rights.
Recommendation Based on the foregoing findings and conclusions, it is hereby RECOMMENDED: That the matter be referred back to the Petitioner, School Board of Dade County, Florida, to take final action pursuant to the recommendation made herein based on the Respondent's failure to exhaust, or otherwise pursue, its appeals protections pursuant to Chapter 120.57(1), Florida Statutes. RECOMMENDED this 17th day of May, 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 17th day of May, 1983. COPIES FURNISHED: Mark A. Valentine, Esquire Law Offices of Jesse J. McCrary, Jr. Suite 800, 3000 Executive Plaza 3050 Biscayne Blvd. Miami, Florida 33137 Mrs. Marta Quinones 3531 Southwest 91 Ave. Miami, Florida 33165 Mr. Leonard M. Britton Superintendent Dade County School Board Lindsey Hopkins Building 1410 Northeast Second Avenue Miami, Florida 33132
Findings Of Fact At all times relevant hereto, respondent, Karega Y. Paisley, who is eleven years old, was a student in the school system of petitioner, School Board of Dade County. Until his recent transfer, he attended Kendale Elementary School (KES) located at 10693 Southwest 93rd Avenue, Miami, Florida. At issue in this proceeding is Karega's reassignment from the regular school program at KES to J.R.E. Lee School, an alternative school program. The basis for the transfer is that Karega has allegedly exhibited "disruptive behavior" and a "failure to adjust to the regular school" program. Notice of such transfer was given by petitioner to Karega's parents by letter dated September 4, 1987. The transfer prompted the request for the hearing in this cause. Pending the outcome of this proceeding, Karega has been attending J.R.E. Lee School. Karega has been a student at KES since at least the fourth grade. In school year 1986-87, Karega, then a fifth grader, attended, among other classes, those taught by teachers Arias and Holden. Arias taught Spanish (second language) while Holden taught fifth grade English. At hearings Arias established that Karega was late for her Spanish class at least two or three times per week. Although repeatedly reminded by Arias to do so, he would frequently fail to bring his Spanish materials to class each day. When this occurred, Arias would have to send Karega out of class to retrieve his materials. Despite these orders, he would often return to class without them. This caused a disruption of the class and a loss of ten to fifteen minutes of instruction time whenever Arias had to deal with this problem. On occasion, Arias would order Karega to do something in class, and he would refuse saying words to the effect "I don't want to do that." He would then ask her "What are you going to do now, Mrs. Arias?" Karega also had occasional temper tantrums, and would make obscene gestures with his finger at the teacher. This behavior took place in the presence of other students. Efforts by Arias to counsel Karega and to change his behavior were unsuccessful. Because of several serious disruptive incidents with Karega during school year 1986-87, Arias prepared four disciplinary record reports or student case management referral forms which described the disruptive activity. These have been received in evidence as petitioner's exhibits 1, 2, 7 and 15 and reflect that Karega was referred to the assistant principal for disciplinary action on February 19, March 11, and May 15 and 17, 1987, respectively. The reports were prompted by Karega's disruptive conduct in class and the allegations therein were later admitted to by the student in meetings with the assistant principal. Holden did not testify at final hearing. She too prepared a number of disciplinary record reports as a result of disruptive activity by Karega in her classroom. The reports have been received in evidence as petitioner's exhibits 4, 5, 6, 8, 9, 11, 12, 14 and 16. Although her comments on the reports are hearsay, they corroborate admissions by Karega to the assistant principal and principal, and are therefore considered supplemental and corroborative evidence. These reports reflect disruptive activity by Karega throughout school year 1986- 87 that not only interfered with Karega's learning process but with the learning process of other students as well. On May 5, 1987, Karega was suspended from school for three days for "defiance of school authority." On June 1, 1987, while being escorted to the principal's office by Holden for certain disruptive conduct, Karega tripped Holden causing her to fall down and sustain a broken hip. For this action, Karega received a ten day suspension from school for "defiance of school personnel's authority and battery." Respondent's grades, while not failing, were described as being "poor." The Board's witnesses characterized Karega as being "above average," and possibly a "gifted" child, and this was corroborated by Stanford Achievement Tests administered to Karega. However, since Karega's grades were not introduced into evidenced a finding cannot be made that his academic progress has been "unsatisfactory." No other KES student had ever been sent to an alternative education program since the school considers this to be a last resort to all other measures. For this reason, school personnel attempted to change Karega's behavior by counseling, taking less drastic disciplinary action, and by seeking the help and cooperation of his parents. These efforts proved unsuccessful, and eventually a child study team consisting of the school psychologist, counselor, assistant principal, principal and a classroom teacher unanimously recommended that Karega be sent to J.R.E. Lee School, a school dealing with disruptive students. That school offers a more structured environment, individualized educational plans, favorable teacher-pupil ratio (3:1 at the time of hearing) and full-time on-campus counselors and a psychologist. In view of Karega's persistent disruptive behavior, this placement was appropriate. Respondent's father did not testify or present any evidence. He contended through arguments and suggested by interrogation of witnesses, that the disciplinary reports were fabricated and that his son was transferred solely because of racist policies of KES. However, the evidence shows the charges are totally unfounded, and without merit. The father also suggested that his complaints about the school system have been ignored, and that his son did not admit the allegations described in the disciplinary reports to the principal and assistant principal. Again, these charges were unsubstantiated.
Recommendation Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED that a Final Order be entered reassigning Karega Y. Paisley to Lee School. DONE AND ORDERED this 13th day of November, 1987, in Tallahassee, Leon County, Florida. DONALD R. ALEXANDER 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 13th day of November, 1987.
