Findings Of Fact Regina Flack attended Parkway Junior High School during the 1980-81, 1981-82, and the beginning of the 1982-83 school year. Disciplinary measures were required on numerous occasions throughout this period, which led to Petitioner's action to reassign Regina to its youth opportunity program- alternative school at Douglas MacArthur High School-North in February, 1983. Regina's conduct was disruptive to her education and that of other students. The incidents leading to disciplinary measures involved fighting, striking other students, truancy, and refusal to accept school assignments. Regina suffers from a learning disability, but Petitioner has ascertained through appropriate evaluations that her misconduct has not been a function of this learning disability. Her parents object to the alternative placement due to difficulty with transportation schedules. However, the Douglas MacArthur High School-North is the nearest alternative school to Regina's home, and the inconvenience created by this placement does not outweigh the need for the remedial measures Petitioner seeks to apply.
Recommendation From she foregoing, it is RECOMMENDED that Petitioner enter a Final Order affirming its assignment of Respondent to its youth opportunity program. DONE and ENTERED this 22nd day of July, 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 22nd day of July, 1983. COPIES FURNISHED: Mark Valentine, Esquire 3000 Executive Plaza 3050 Biscayne Blvd. Miami, Florida 33137 Ms. Bertha Lee Mack 18430 Northwest 23rd Avenue Opa Locka, Florida 33056 Dr. Leonard Britton, Superintendent Dade County Public Schools Administrative Office Lindsey Hopkins Building 1410 Northeast Second Avenue Miami, Florida 33132
Recommendation Based upon the foregoing findings of fact and conclusions of law, it is RECOMMENDED that the School Board of Dade County enter a Final Order assigning Darrien Byrd to the McArthur Senior High School North. DONE and ENTERED this 11th day April, 1985, in Tallahassee, Florida. DIANE K. KIESLING Hearing Officer Division of Administrative Hearings The Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32301 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 11th day of April, 1985. COPIES FURNISHED: Ms. Mary Cusack Parent of Darrien Byrd 2929 N. W. 49th Street Miami, Florida 33142 Frank R. Harder, Esquire Assistant School Board Attorney Twin Oaks Building, Suite 100 2780 Galloway Road Miami, Florida 33165 Ms. Maeva Hipps School Board Clerk School Board of Dade County 1450 N. E. Second Avenue Suite 301 Miami, Florida 33132 Dr. Leonard Britton Superintendent of Schools Dade County Public Schools 1410 N. E. Second Avenue Miami, Florida 33132
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 Michael Douglas began the 1982-83 school year as a seventh grade student at South Miami Junior High School. Disciplinary measures were required on September 1, 10, 14, 17 and 29, 1982. The student refused to obey rules and instructions, and was generally incorrigible. On September 29, he threatened another student with assault. During September, school officials had several contacts with Michael's mother and his case was referred to the child study team. As a result of these conferences, he was assigned to a youth opportunity school on October 28, 1982.
Recommendation From the foregoing, it is RECOMMENDED: That Petitioner continue its placement of the student, Michael Douglas, in the Youth Opportunity School. DONE and ENTERED this 14th day of February, 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 14th day of February, 1983. COPIES FURNISHED: Mark Valentine, Esquire 3000 Executive Plaza 3050 Biscayne Boulevard Miami, Florida 33137 Dr. Leonard M. Britton, Superintendent Dade County Public Schools Administrative Office Lindsey Hopkins Building 1410 Northeast Second Avenue Miami, Florida 33132 Ms. Lillie Mae Jordon 5920 Southwest 6th Street Miami, Florida 33143
Findings Of Fact Jose Valentine Bernardez was a seventh-grade student at Kinloch Park Junior High School during the 1984- 85 school year until his reassignment to the alternative school on May 30, 1985. At the time of hearing, the 1985-86 school had just begun and Jose's parents did not send him to the alternative school pending the outcome of this proceeding. However, Jose has not been withdrawn from the public schools of Dade County. While at Kinloch Park, Jose was involved in numerous incidents that resulted in disciplinary referrals. On September 25, 1984, Jose pushed another student and on September 26, 1984, Jose took a student's notebook and got into a fight. On February 6, 1985, Jose didn't have appropriate materials in class. Early in the day on February 13, 1985, Jose was referred for discipline for refusing to remain in his seat, provoking other students, throwing paper airplanes and destroying art materials. Later that same day, Jose took an earring off a teacher's desk and put it in the trash can. When the teacher asked the class about the earring, Jose did not tell where the earring was. He later admitted his involvement to a counselor, but did not know why he did it. Jose was suspended from school for his misbehavior on February 13, 1985. Jose was placed on indoor suspension on February 27, 1985, for slapping another student on the head, being constantly out of his seat and not doing his work. Jose had a day added to his indoor suspension on March 6, 1985, because he misbehaved in indoor suspension by talking, disrupting and refusing to be quiet. On March 7, 1985, Jose was disruptive and disturbing other students. On March 13, 1985, Jose was defiant, disruptive, imitating another student and making statements about that student's mother. On March 18, 1985, Jose was again suspended for a fight in class, disruptive behavior on a daily basis, constant disruptive behavior and carving on the desk with an exacto blade. On April 4, 1985, an indoor suspension was imposed because Jose was talking in class after warning and disrupting the class. Jose repeatedly disrupted class on April 24, 1985, and did not bring materials to school. On May 8, 1985, Jose was late for class for the fourth time, threw chalk and sat in the wrong seat. He was again suspended. Finally after the suspension was served, Jose returned to school, and on May 15, 1985, Jose was poking other students with a safety pin. When confronted, Jose ran from the teacher. He was again suspended and was referred to the alternative school program. Throughout the course of Jose's attendance at Kinloch Park, the school officials counseled with Jose and his parents on numerous occasions. Jose also received counseling at the school. Jose's mother asked the school for help on at least three occasions. She recognized Jose's behavioral problems and indicated that they began after the death of Jose's brother. She asked the school for assistance in getting psychological counseling for Jose. In response to that request, she was given a list of four local public and private agencies when she could seek help for Jose on her own. Mrs. Bernardez also asked the school to evaluate Jose to determine if he had psychological problems or emotional problems that resulted in his misbehavior. The school's only response was to place Jose's name on a waiting list for evaluation. While Jose's name remained on this waiting list, his behavioral problems continued. The school's response was to suspend Jose and refer him to alternative school. Additionally, during this time, Mrs. Bernardez did take Jose to all four of the agencies named by the school. At each she was told that they did not do evaluations of the type needed for Jose and instead offered to provide counseling for Jose at the parent's expense. Jose's parents attempted to get professional help regarding Jose's behavioral problems, but were unable to do so successfully before Jose was removed from the regular school program.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the School Board of Dade County enter a Final Order, and therein: Return Jose Valentine Bernardez to the regular school program. Require that an evaluation as required by Rule 6A- 6.331(1) and other applicable rules, including but not limited to Rule 6A-6.3016, Florida Administrative Code, be performed immediately. DONE and ENTERED this 17th day of September, 1985, in Tallahassee, Florida. DIANE K. KIESLING Hearing Officer Division of Administrative Hearings The Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32301 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 17th day of September, 1985. COPIES FURNISHED: Jackie Gabe, Esquire 3000 Executive Plaza, Suite 800 3050 Biscayne Boulevard Miami, Florida 33137 Mr. & Mrs. Jose Bernardez 4630 N. W. 4th Street Miami, Florida 33126 Ms. Maeva Hipps School Board Clerk Dade County Public Schools 1450 Northeast Second Avenue Miami, Florida 33132 Dr. Leonard Britton Superintendent of Schools Dade County Public Schools Board Administration Building 1450 Northeast Second Avenue Miami, Florida 33132
Findings Of Fact 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.
Findings Of Fact Alexander Harris was a student at Parkway Junior High School during the 1984-85 and 1985-86 school years until his assignment to the alternative school. He also attended summer school in 1985 For the school year 1984-85, Harris received final grades of F in four classes and C in two classes. The classes he passed were special placements in the exceptional education classes for the learning disabled in mathematics and language arts. Harris attended summer school in 1985 and received a final grade of F for the two classes he took. Harris has an extensive history of disciplinary problems. On September 13, 1984, he was referred for discipline for class disruption and refusal to do his assignment. On September 18, 1984, he was again referred for constantly causing class disruption. Three days later, on September 21, 1984, he was suspended for three days for throwing juice cartons in the cafeteria during lunch. Harris was again disciplined on October 18, 1984, for refusing to dress out for P.E. and using obscene language in speaking to the teacher. He was suspended for five days on February 11, 1985, for skipping class and running and hiding from the school administrator. On April 3, 1985, Harris was suspended for three days for fighting. Finally, on May 24, 1985, Harris was suspended for ten days and was recommended for expulsion for possession and concealment of a loaded gun on the school campus during school hours. Harris was not expelled, but the recommendation was changed to that at issue in these proceedings.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the School Board of Dade County enter a Final Order assigning Alexander Harris to the alternative school program at Jan Mann Opportunity School-North. DONE and ORDERED this 19th day of February, 1986, in Tallahassee, Florida. DIANE K. KIESLING, Hearing Officer Division of Administrative Hearings The Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32399 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 19th day of February, 1986. COPIES FURNISHED: Frank R. Harder, Esquire 2780 Galloway Road (87th Avenue) Suite 100, Twin Oaks Building Miami, Florida 33165 Mrs. Essie Harris, Mother of Alexander Harris P. O. Box 2464 Miami, Florida 33055 Dr. Leonard Britton Superintendent of Schools Dade County Public Schools Board Administration Building 1450 N.E. Second Avenue Miami, Florida 33132 Mrs. Maeva Hipps 1415 N.E. 2nd Avenue Miami, Florida 33136
The Issue Whether the Respondent should be reassigned to the Opportunity School.
Findings Of Fact Raul Lopez entered the Dade County Public Schools in 1980 and was enrolled in the fifth grade. He repeated the fifth grade once, passed the sixth grade, and, in the 1984-85 school year, was repeating seventh grade. When Raul entered the Dade County school system he did not know the English language and was enrolled in a special program called English for Speakers of Other Languages (ESOL). He remained in the program for three years. Raul received no bilingual educational services from the school system after the first three years. Raul Lopez entered Palm Springs Junior High School on September 7, 1984, and was recommended for alternative school on January 18, 1985. During the time Raul was at Palm Springs, he was referred to the office for disciplinary reasons on eight different occasions. Assistant Principal Long's testimony was the only evidence presented by Petitioner to show that Raul had a record of disruptive behavior. However, Mr. Long's testimony was not credible and, for the most part, was uncorroborated hearsay. Mr. Long had no personal knowledge of any of the incidents which caused Raul's disciplinary referrals, and could not provide any information, other than speculation, as to what had actually happened to cause each referral. Mr. Long explained that, when a disciplinary problem occurs, the teacher or staff person involved fills out a referral, setting forth the details of the incident. The assistant principal to whom the matter is referred then prepares a computer card on the incident, fitting the behavior that occurred into one or more of the available categories, such as "general disruptive behavior." Mr. Long's testimony regarding Raul's behavior came directly from a computer print-out. It was clear that Mr. Long had no independent recollection of any of the incidents. From the computer print out, Mr. Long testified that Raul received the following referrals: DATE REASON FOR REFERRAL 10/9/84 general disruptive behavior 10/16/84 defiance of school authority; dress code violations; rude and discourteous (Mr. Long stated that Raul may have had his shirttail out or not worn socks) 10/30/84 general disruptive behavior; rude and discourteous; no school materials (Mr. Long explained that Raul didn't have his books or didn't have his P.E. uniform) 11/1/84 excessive tardiness; rude and discourteous 11/13/84 general disruptive behavior; didn't complete class assignment 11/21/84 unauthorized location; no school materials 12/10/84 excessive tardiness; general disruptive behavior; rude and discourteous 1/11/85 general disruptive behavior; assault (Mr. Long stated that he knew nothing about the assault because he didn't handle the referral) Raul was placed on indoor suspension as a result of the October 9, 1984, incident, and was referred to counseling after the November 1st and November 13th incidents. Although Mr. Long stated that attempts were made to contact the parents, the only conference with the parents was on January 18, 1985, to inform them that Raul was being referred to the alternative school. Mr. Long had personal contact with Raul and found him to be defiant, hostile, and disrespectful. Raul also used obscene language. However, he also testified that he had never had problems with Raul. The evidence establishes that Raul had a very poor attendance record while attending Palm Springs. He was absent 25 days, of which 15 absences were confirmed truancies. The Dade County Public Schools Complaint of Truancy (R.Ex.-l) indicates that several conferences were held with Raul's parents concerning Raul's excessive absences; however, the visiting teacher could not remember whether he actually made contact with Raul's parents or merely went to Raul's home and left a message that Raul was truant, and Mr. Long's testimony concerning parent conferences was inconclusive. Several letters were sent to the home regarding Raul's non-attendance. Mrs. Lopez testified that the only contact she had with school personnel was on January 18, 1985. Raul has not been successful academically. He had to repeat the fifth and seventh grades. After the first nine weeks at Palm Springs he received one C, two Ds, and three Fs. After the first semester the number of Fs had increased to four. Mr. Long testified that Raul was not in school often enough to receive passing grades. He also testified that the low grades were a result of Raul's behavior problem. Raul testified that he didn't go to school because he did not understand the school work. He admitted that he does not read or write very well. He stated that nobody had ever asked him why he did not like to go to school. Raul admitted that he had refused to "dress out" for physical education class. Mr. Long did not know why Raul failed to attend school, but stated that every effort was exhausted at Palm Springs to correct Raul's problems. He felt that Palm Springs simply could not meet Raul's needs. The counselor at the school requests testing for exceptional education, and although Raul had been sent to the counselor, Mr. Long did not know whether the counselor had requested exceptional education testing. Mr. Long believed that Raul was in the proper academic program.
Recommendation Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED that a final order be entered approving the assignment of Respondent to the opportunity school program at Jan Mann Opportunity School-North. DONE and ENTERED this 6th day of August, 1985, in Tallahassee, Leon County, Florida. DIANE A. GRUBBS, Hearing Officer Division of Administrative Hearings The Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32301 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 6th day of August, 1985. COPIES FURNISHED: Mark A. Valentine, Jr., Esq. Assistant Schoo1 Board Attorney McCrarY & Valentine, P.A. 3050 Biscayne Boulevard Miami, Florida Mitchell A. Horwich, Esq. Education Advocacy Project Legal Services of Greater Miami, Inc. Northside Shopping Center 149 West Plaza, Suite 210 7900 N.W. 27th Avenue Miami, Florida 33147-4796 Dr. Leonard Britton Superintendent of Schools Board Administration Building Dade County Public Schools 1410 Northeast Second Avenue Miami, Florida 33132 Honorable Ralph D. Turlington Commissioner of Education The Capitol Tallahassee, Florida 32301 Phyllis O. Douglas Assistant School Board Attorney Dade County School Board Suite 301 1450 N.E. 2nd Avenue Miami, Florida 33132
Findings Of Fact Respondent attended ninth grade from August, 1982, through June, 1983. Although she was frequently absent without excuse, she passed all of her courses except mathematics. Since it was necessary that she pass this course to be promoted, she was encouraged to attend summer school in 1983. However, she did not attend and was required to repeat the ninth grade beginning in August, 1983. Respondent's unexcused absences continued through the first semester of the 1983-84 school year and she was again failing mathematics. By letter dated January 5, 1984, Petitioner informed Respondent's parents that she had been reassigned to an alternative school. Respondent's father, who is the custodial parent, objected to this transfer. He believes Respondent was bored by the repetition of ninth grade courses she had already passed. He concedes that her unexcused absences are unacceptable but believes that he can control this problem if the school contacts him on the day of the absence rather than at some later time. Respondent was withdrawn from school in January, 1984, by her father in the belief that the alternative school environment would be harmful to her. He asks that she be allowed to attend summer school this year in an effort to make up ninth grade mathematics. This request is reasonable and it should be granted. However, if Respondent fails this course or does not attend regularly, she should be assigned to an alternative education program.
Recommendation From the foregoing, it is RECOMMENDED that Petitioner enter a Final Order determining that Respondent is eligible for placement in an educational alternative program, but withholding such assignment on the condition that she attend the 1984 summer session and satisfactorily complete ninth grade mathematics. DONE and ENTERED this 7th day of May, 1984, 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 7th day of May, 1984. COPIES FURNISHED: Mark Valentine, Esquire 3000 Executive Plaza 3050 Biscayne Boulevard Miami, Florida 33137 Mr. John Turbeville 410 N. Royal Poinciana Blvd. Apt. No. 6 Miami, Florida 33166 Madelyn P. Schere, Esquire Dade County Public Schools 1410 NE. Second Avenue Miami, Florida 33132 Dr. Leonard Britton, Superintendent Dade County Public Schools 1410 Northeast Second Avenue Miami, Florida 33132
The Issue The issue presented herein concerns the Respondent's through the person of his parents appeal of the School Board's assignment (of Respondent) to Youth Opportunity School South - an alternative school placement.
Findings Of Fact Based upon my observation of the witnesses and their demeanor while testifying, documentary evidence received and the entire record compiled herein, I hereby make the following relevant findings of fact. By letter dated November 8, 1983, Petitioner, the School Board of Dade County, Florida, advised the Respondent, Carlos Alberto Giralt, an eighth grade student attending Glades Junior High School, that he was being administratively assigned to the opportunity school program based on his "disruption of the educational process in the regular school program and failure to adjust to the regular school program." Carlos Alberto Giralt, date of birth December 6, 1969, was assigned to Glades Junior High School as an eighth grader during the 1983-84 school year. During October of 1983, Carlos' brother was involved in a physical altercation with another student and Carlos came to his brother's aid by using a stick to physically strike the other student involved in the altercation. Initially, Carlos was given a ten-day suspension and thereafter the suspension was changed to the administrative assignment to the alternative school placement which is the subject of this appeal. 1/ Carlos' father, Salvador Giralt, was summoned to Glades Junior High School and advised of the incident involving Carlos and the other student in the physical altercation. Mr. Giralt was advised of the policy procedures in effect at Glades and was assured that Respondent would be given the least severe penalty, which was the ten-day suspension originally referred to herein. The Giralts are very concerned parents and have voiced the concern by complaining of Respondent's assignment to the Petitioner's area office. In keeping with this concern, the Giralts have requested that their son, Carlos, be reassigned to his original community school, Glades Junior High School. Respondent does not have a history of repeated defiant conduct as relates to School Board authority. According to Petitioner's Assistant Principal at Glades Junior High, Gerald R. Skinner, Respondent was last disciplined approximately two years ago. No showing was made herein that Carlos was either disruptive of the educational process or has failed to adjust to the regular school program.
Recommendation Based on the foregoing findings of fact and conclusions of law, it is hereby recommended that the School Board of Dade County enter a Final Order transferring the Respondent to Glades Junior High School or other appropriate regular school program. RECOMMENDED this 24th day of May, 1984, in Tallahassee, Florida. JAMES E. BRADWELL, Hearing Officer Division of Administrative Hearings The Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32301 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 24th day of May, 1984.
