The Issue The issues in this case are whether the Respondent committed the violations alleged in the Notice of Specific Charges and, if so, a determination of the appropriate penalty for such violations.
Findings Of Fact Based upon the testimony of the witnesses and the documentary evidence received at the hearing, the following findings of fact are made: The School Board is responsible for the operation of the public schools within the school district of Miami-Dade County, Florida. At all times material to the facts of this case, the Respondent was a teacher employed by the School Board and was assigned to a public school within the district, Hialeah Senior High School (Hialeah High). The Respondent has been a teacher employed by the School Board for years. Respondent possesses a professional service contract pursuant to Section 1012.33, Florida Statutes. The Respondent is a business education teacher. Prior to the incident giving rise to this case, the Respondent had not been the subject of any disciplinary action by his employer. Prior to teaching at Hialeah High, the Respondent had been teaching adult students at another school. The adult students were highly motivated to learn and provided little in the way of classroom discipline problems. In December of 2003, the Respondent was assigned to teach English for Speakers of Other Languages (ESOL) classes to high school age students at Hialeah High. At Hialeah High the Respondent's classes were populated primarily by students who had very limited proficiency in the English language and who, for the most part, had very limited experience in an American classroom setting. Many of the students had only recently arrived from a variety of Spanish-speaking countries, including Mexico and many Central and South American countries. These students, both because of their limited English language skills and their limited exposure to an American classroom, presented more than the usual discipline challenges. At the time of the incident giving rise to this case, the Respondent had been teaching the ESOL classes at Hialeah High for only a few weeks. A frequently recurring problem in the Respondent's classroom was that some of the students would use the classroom computers to play music CDs and would interrupt the rest of the class by turning up the volume through the external speakers on the computers. This problem apparently came to a head on January 27, 2004, when an honor student asked the Respondent if it was necessary for the class to be interrupted by the students who were playing music CDs on the classroom computers. After school on January 27, 2004, the Respondent decided to solve the music problem by cutting the audio wires that ran from the monitor to the external speakers on each of the classroom computers. The Respondent chose to cut the audio wires because the wires were hardwired into the computer monitors and could not readily be unplugged. He cut the speaker wires on at least 25 of the computers in his classroom. The Respondent's conduct in this regard was not for the purpose of damaging school equipment, but was a misguided and poorly thought out effort to prevent further music playing by the misbehaving students. The cutting of the speaker wires was an inappropriate way in which to address student misconduct in the classroom. More appropriate ways to have prevented such misconduct or to have addressed such misconduct after it occurred would have been to take such measures as implementing and enforcing classroom rules when he first began teaching the ESOL classes, making disciplinary referrals, seeking assistance from the school administration, or assigning misbehaving students to indoor suspension. Although the computers are operable, they have no external speakers and, therefore, cannot make loud sounds. The inability to make loud sounds compromises the extent to which the computers can be used for certain applications. The Respondent's acts of cutting the speaker wires were intentional acts that damaged the computers. Damage to the computers caused by intentional acts is not covered by the warranties on the computers. A representative of the Dell computer company examined the damage to the computers and stated that Dell did not make repairs to that type of damage. The best solution the Dell representative could propose was to replace all of the monitors with cut speaker wires with new monitors that had new external speakers attached. The Dell representative stated that such replacement would cost $129.00 per computer. The damage caused by the Respondent's cutting of the computer wires can be readily and inexpensively repaired. The parts necessary to repair the computers cost about $2.00 for each computer. The time necessary to repair the damaged computers is approximately five minutes per computer. The Respondent has already purchased with his own funds the parts necessary to repair all of the computers in his classroom, and he has delivered those parts to the principal at Hialeah High. The Respondent volunteered on several occasions to perform the work necessary to repair the computers he damaged. The Respondent's offers to perform the repair work were declined. For reasons not adequately explained in the record in this case, the computer technicians at Hialeah High have not yet repaired the subject computers. It would take approximately two hours of technician time to repair all of the computers in the Respondent's classroom. The damage to the computers caused by the Respondent could have been repaired within a very few days of the date on which the damage occurred. When asked about the damage to the computer wires, the Respondent readily admitted what he had done and readily acknowledged that it was a foolish and inappropriate thing for him to have done. He did not hesitate to accept responsibility for the consequences of his conduct and, as mentioned above, bought the necessary parts and offered to do the necessary repair work. Respondent’s intentional destruction of School Board property failed to reflect credit upon himself and on the school system, and showed a lack of professional judgment. On September 21, 2004, the Respondent’s principal and the assistant superintendent who had authority over Hialeah High recommended a 30-work day suspension without pay. The School Board, at its regularly scheduled meeting of December 15, 2004, took action to suspend the Respondent without pay for 30 workdays.
Recommendation Based on the foregoing, it is RECOMMENDED that a final order be issued in this case suspending the Respondent without pay for one week and requiring the Respondent to pay for the cost of the repairs made necessary by his foolish conduct. DONE AND ENTERED this 12th day of April, 2005, in Tallahassee, Leon County, Florida. S MICHAEL M. PARRISH Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 SUNCOM 278-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 12th day of April, 2005. COPIES FURNISHED: Mark Herdman, Esquire Herdman & Sakellarides, P.A. 2595 Tampa Road, Suite J Palm Harbor, Florida 34684 Madelyn P. Schere, Esquire Miami-Dade County School Board 1450 Northeast Second Avenue, Suite 400 Miami, Florida 33132 Dr. Rudolph F. Crew, Superintendent Miami-Dade County School Board 1450 Northeast Second Avenue, Suite 912 Miami, Florida 33132 Honorable John Winn Commissioner of Education Department of Education The Capitol, Plaza Level 08 Tallahassee, Florida 32399-0400 Daniel Woodring, General Counsel Department of Education The Capitol, Suite 1701 Tallahassee, Florida 32399-0400
Findings Of Fact The parties stipulated that in February, 1984, while respondent was a student in the ninth grade at Westview Junior High School he punched another student in the face. As a result, respondent was required to serve a five day suspension. As a result of respondent's discussions with his mother concerning the incident, respondent wrote a letter of apology to the other student. The parties further stipulated that in March, 1984, while respondent was a student in the same school, he was involved in a fight. As a result, he was required to serve a ten day suspension. Although petitioner's attorney argued at the formal hearing that the March incident involved some type of "aggravated assault" and/or inciting to riot," petitioner failed to introduce any evidence in support of that argument or even regarding the incident itself. On the other hand, the evidence is uncontroverted that no charges were filed against respondent and no involvement with the juvenile justice system followed the March, 1984. On April 13, 1984, petitioner administratively reassigned respondent to Miami Douglas MacArthur Senior High School - North. The parties stipulated at the time of the Final Hearing in this cause that respondent's overall grades and conduct have been satisfactory throughout respondent's attendance at Miami Douglas MacArthur Senior High School - North. For the last one and a half years respondent has been voluntarily participating in a private community youth guidance program. Although that program accepts some court referrals, respondent was not referred by the courts, is a continuous participant in the program, and can remain in the program for two more years until he reaches the age of 18. Respondent attends activities conducted by that program once a week after school. His counselor, Greg Rounds, believes respondent to be a quiet person who does not belong in an alternative program school and who is more likely to become and remain rehabilitated if returned to the regular school program.
Recommendation Based upon the foregoing findings of fact and the conclusions of law, it is, therefore, RECOMMENDED THAT a Final Order be entered returning respondent to the regular school program and reversing the determination that respondent be placed or retained in an educational alternative program. DONE and RECOMMENDED this 23rd day of August, 1984, in Tallahassee, Florida. LINDA M. RIGOT, Hearing Officer Division of Administrative Hearings The Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32301 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 23rd day of August, 1984. COPIES FURNISHED: Mark A. Valentine, Esquire 3000 Executive Plaza, Suite 800 3050 Biscayne Boulevard Miami, Florida 33137 Mr. James Nealy 12315 North West 18th Place, Apt. #B Miami, Florida 33167
Findings Of Fact At all times relevant hereto, respondent, Daniel Z. Duncan, was a student at Hialeah Junior High School (HJHS) in Hialeah, Florida during school years 1985-86 and 1986-87. The school is under the jurisdiction of petitioner, School Board of Dade County (Board). During school year 1985-86, Daniel was a thirteen year old eighth grade student at HJHS. According to his grade reports, he received one B, one C, three D's and one F during the school year. Nonetheless, he was promoted to the ninth grade. The following school year, a deterioration in grades occurred. In fact, Daniel was absent at least twenty-one days between September 10 and November 3, 1986, and received F's in every course. During the fall of 1986 Daniel was involved in a series of disruptive incidents which culminated in a child study team's recommendation that he be transferred to an opportunity school. An opportunity school offers smaller classes for its students and has personnel who are specially trained to deal with students having behavioral or related academic problems in the regular school environment. The incidents which led to this recommendation are discussed below. On September 13, Daniel snatched a gold chain from another student while the two were in the second floor school restroom during class break. Daniel was charged with theft and was suspended from school for five days for this misconduct. On September 24, while on a five day suspension for misconduct, Daniel returned to the school campus. This was in violation of school rules which prohibit a suspended student from being on the school grounds. Despite having been told by a teacher to leave the premises, Daniel returned a second time later that day. He was cited for trespassing after his second Visit and received a two-day indoor suspension. On October 1, Daniel entered Judy Byrum's classroom and placed his books on his desk. He then left the classroom and never returned. After Daniel lied to her the next day about his whereabouts on October 1, Byrum referred Daniel to the assistant principal because of his absence. Daniel received an indoor suspension for this conduct. On October 3, Daniel and a fellow student were "horseplaying" in the school hallway. For this Daniel was cited for disruptive behavior and given a three-day-indoor suspension beginning on October 6. In view of his repetitive disruptive conduct, a school child study team was convened on October 3 to determine what action, if any, was required to deal with Daniel's problems. After reviewing his grades, attendance and behavior, a decision was made to recommend Daniel's transfer to an opportunity school. It was also recommended that he be given individual counseling and that weekly progress reports be compiled. Because of subsequent disruptive conduct which prompted his transfer a few weeks later, Daniel did not receive the recommended individual counseling at HJHS. On the morning of October 9 Daniel came to school wearing a baseball hat with the words "suck my dick" written on the hat. When his science teacher observed this, he instructed Daniel to give him the hat. Daniel refused and retreated to the school yard. Subsequent efforts by a security guard to retrieve the hat were unsuccessful, and it was finally necessary that an assistant principal escort Daniel to the principal's office. It should be noted that Daniel's refusal to obey the orders of the teacher and security guard was in the presence of other students, and had the effect of undermining his superiors' authority. After Daniel's mother was telephoned by the assistant principal regarding the incident, Daniel "bolted" out of the office and left the school premises. He was later given a five day suspension from school. A conference with Daniel's mother was held on October 10. At that time, all circumstances surrounding the "hat" incident were discussed, and other teachers were brought in to explain various problems they were having with her son. Daniel was transferred to Douglas MacArthur High School-North after the "hat" incident and has remained there since that time. His grades have improved, and he has apparently adjusted to that school environment. Daniel's mother testified that she was very concerned about her son's welfare. She felt that other alternatives existed besides transferring her son out of Hialeah Junior High School. However, she acknowledged that she had met in conference with school officials at least five or six times to discuss Daniel's disruptive behavior, and that her son's grades were very poor. She contended, however, that counseling might improve Daniel's behavior, and that HJHS had not made a serious effort to correct his behavior before the transfer decision was made.
Recommendation Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED that Daniel Z. Duncan be reassigned to Douglas MacArthur Senior High School-North. DONE and Ordered this 3rd day of February, 1987 in Tallahassee, 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 3rd day of February, 1987. COPIES FURNISHED: Frank R. Harder, Esquire Suite 205 8360 West Flagler Street Miami, Florida 33144 Ms. Minerva Duncan 2614 N.W. 65th Street Miami, Florida 33147 Dr. Leonard Britton Superintendent Dade County Public Schools 1450 N.E. Second Avenue Miami, Florida 33132
Findings Of Fact During the 1982-83 school year, Respondent was enrolled in the seventh grade at Petitioner's Palm Springs Junior High School. This was his second year in seventh grade, and due to academic deficiencies, he would be required to attend the seventh grade for a third year in 1983-84. Respondent was absent from school without excuse eight times during the past school year and was sent to the principal's office on three or four occasions by his teachers due to disruptive classroom behavior. Three conferences with Respondent's parents were held by school officials in an effort to resolve Respondent's truancy and behavior difficulties. He was also given a requested class change during the year and was seen by the school counselor. These actions produced no improvement in his conduct. On January 24, 1983, Respondent was suspended for ten days following a fight during which he kicked another student. On May 25, 1983, he ripped a female student's blouse in an attempt to touch her breast. He was charged by juvenile authorities as a result of this incident and was assigned community work by the juvenile court. These incidents seriously interfered with the educational process as it applies to Respondent and other students at Palm Springs Junior High School. These incidents, along with Respondent's truancies, disruptive classroom behavior and academic failure, establish the need for the alternative placement proposed by Petitioner.
Recommendation From the foregoing, it is RECOMMENDED that Petitioner enter a final order assigning Lazaro Miguel Aquiar to its opportunity school. DONE AND ENTERED this 28th day of September, 1983, 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 28th day of September, 1983. COPIES FURNISHED: Larry Hanfield, Esquire 3000 Executive Plaza 3050 Biscayne Boulevard Miami, Florida 33137 Mr. Julio Ferrer 3899 Northwest 7th Street Miami, Florida 33120 Miguel Del Aquila, Esquire 3899 Northwest 7th Street Miami, Florida 33120 Phyllis O. Douglas, Esquire Lindsey Hopkins Building 1410 Northeast Second Avenue Miami, Florida 33137 Dr. Leonard Britton Superintendent of Schools Dade County Public Schools Lindsey Hopkins Building 1410 Northeast Second Avenue 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
Findings Of Fact Allan Bonilla, currently Principal of Riviera Junior High School, was one of at least two assistant principals who attempted to work with Venus Tara Rodriguez during her 7th grade experience there in the 1984-1985 regular school year. He has been employed four years at that facility. Immediately prior to the winter vacation (commonly known as the extended Christmas holidays), on December 20, 1984, Venus left the campus without prior permission, this activity resulted in a two-day indoor suspension. In February, 1985, she received a three-day indoor suspension as the result of tardiness which culminated in an outdoor suspension the same month because her behavior at the three-day indoor suspension was so disruptive that it was deemed ineffective for her and the other students. In March, 1985, her rude and disruptive classroom behavior resulted in two indoor suspensions. In April 1985, as a result of her refusal to work during the last indoor suspension, she was assigned an outdoor suspension. Mr. Bonilla did not work with Venus as regularly as another assistant principal who was not available for hearing, but he expressed personal knowledge of the foregoing events and had interacted with Venus on several occasions for being out of class and boisterous. His assessment was that Venus could do the work required of her but that her behavior was so disruptive in the classroom that at the conclusion of the regular 1984-1985 school year she was failing two out of six subjects and was doing approximately "D" work in the rest. He agreed with the decision to assign her to an alternative school program, which decision was made because of Venus' need of individual attention and smaller class due to her habit of "acting out" in large groups. Venus' parents were contacted concerning each suspension. Mr. Bonilla testified that Venus has successfully finished 7th grade during the 1985 summer school session at GRE Lee opportunity School and he has received notice she will be reassigned and enrolled at Riviera Junior High School for the 1985-1986 school year commencing in September 1985.
Recommendation Upon the foregoing findings of fact and conclusions of law, it is recommended that the School Board enter a final order returning Venus Tara Rodriguez to Riviera Junior High School. DONE AND ORDERED this 29th day of August, 1985, at 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 29th day of August, 1985. COPIES FURNISHED: Phyllis O. Douglas, Esquire 1410 N. E. Second Avenue Miami, Florida 33132 Madelyn P. Schere, Esquire Dade County Public Schools Board Administration Building 1410 N. E. Second Avenue Miami, Florida 33132 Mark A. Valentine, Esquire 3050 Biscayne Blvd. Suite 800 Miami, Florida 33137-4198 Ms. Wilhelmina A. Rodriguez 4110 S. W. 104th Place Miami, Florida 33165 Dr. Leonard Britton Superintendent of Schools Dade County Public Schools 1510 N. E. Second Avenue Miami, Florida 33132
Findings Of Fact During the 1976-1977 academic school year, Taylor was employed by the School Board as a teacher at Shenandoah Junior High School. Taylor has been a teacher for twenty-two years and no evidence has been introduced to establish that Taylor has been the subject of prior disciplinary action as a teacher. Taylor's family has been deeply involved in education in Dade County and it was stipulated that education has been the dedication of Taylor's life. The notice of charges contains fourteen numbered paragraphs. The actual charges against Taylor are contained in paragraphs 3 through 13. As to paragraph 3, the School Board has failed to establish with substantial competent evidence that on December 1 and 3, 1976, Taylor arrived late for her assigned duties and failed to report to her homeroom as required. As to paragraph 8, the School Board has failed to establish with substantial competent evidence that on September 20 and 23, 1976, Taylor failed to report to her homeroom assignment. As to paragraphs 4, 10 and 13, the School Board has failed to establish with substantial competent evidence that the charges contained therein are true. As to charge 9, the School Board has withdrawn the dates of September 28, 29 and 30, 1976. That which remains consists of five charges of refusing to report to homeroom assignment, six charges of being late for assigned duties and failing to report to homeroom assignment, ten charges of being late for homeroom assignment, one charge of absent without leave, and a final charge of failing to obey an order. Of these remaining charges the evidence fails to sustain the allegation that Taylor refused to report to her homeroom assignment on September 16 and 17, 1976. Furthermore, the evidence fails to sustain charge number 12 that on February 25, 1977, Taylor was absent without leave. It is found as a matter of fact that on September 21, 22 and 27, 1976, Taylor refused to report to her homeroom assignment. It is found as a matter of fact that on November 22, 23, 24, 29, 30 and December 2, 1976, Taylor arrived late for her assigned duties and failed to report to her homeroom as required. It is found as a matter of fact that on February 14, 15, 16, 17, 18, 22, 23, 24, 25 and 28, 1977, Taylor was late for her homeroom assignment. As to the remaining charge, it was alleged that Taylor had received an order from her department chairperson to provide emergency lesson plans, weekly lesson plans, and instructional objectives. There was no competent evidence introduced by the School Board to establish that the department chairperson had given such an order. Accordingly, charge number 5 is not proven by competent substantial evidence.
Findings Of Fact Respondent attends Thomas Jefferson Junior High School. With the exception of band class which he attends regularly and achieves high marks, his absentee rate (unexcused) is approaching 50 percent and he is receiving failing grades. He is frequently disruptive in class and disrespectful to his instructors. He regularly comes late to his classes or leaves before being excused. Petitioner has made frequent attempts to assist Respondent. All available counseling and disciplining techniques have been used without success. Respondent will be 16 years old in September and intends to withdraw from school at that time. Respondent and his mother seek his release from mandatory school attendance now so that he may begin vocational training. School officials agree that this is appropriate, but the application has not been completed due to communication problems between Mrs. Perez and Thomas Jefferson Junior High School.
Recommendation From the foregoing, it is RECOMMENDED that Petitioner enter a final order assigning Respondent to its opportunity school pending release from mandatory school attendance. 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 Mrs. Sylvia Perez 460 Northwest 125 Street Miami, Florida 33168 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
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 Gonzalo Lazaro Carmona was a student at Miami Jackson Senior High School during the 1984-85 school year until his assignment to the alternative school. On October 31, 1984, Carmona was placed on indoor suspension for cutting class and failure to complete an assignment. Carmona was placed on indoor suspension on November 28, 1984, following three incidents in that month. He was referred for discipline on November 9, 1984, for general disruptive behavior and failure to complete an assignment; November 14, 1985, for general disruptive behavior; and November 28, 1985, for being in an unauthorized area, specifically the girls' locker room. On February 6, 1985, Carmona was placed on outdoor suspension for general disruptive behavior, defiance of school authority and assault on a teacher. Again on March 8, 1985, he was suspended for assault on a teacher. Carmona was disciplined on March 13, 1985, for general disruptive behavior, defiance of school authority, and rude and discourteous behavior. On April 2, 1985, he was reprimanded and warned for defiance, cutting class, and leaving class without permission. An outdoor suspension was given for general disruptive behavior and failure to complete an assignment on April 25, 1985. Finally, on May 17, 1985, Carmona assaulted a teacher, Ms. Sweats, in the classroom. Carmona was being disruptive in class. Ms. Sweats tried to reprimand him. Carmona then made a fist, used profanity, and threatened the teacher. Carmona was placed on a ten-day outdoor suspension. It was also recommended that Carmona be reassigned to the alternative school program. While enrolled at Miami Jackson, Carmona was not successful academically. His final grades for the 1984-85 school year were C (Math), F (Personal Fitness), F (Biology), C (Arts and Crafts), F (Life Management), and F (Fundamentals CM2). At various times during the school year, Carmona was counseled regarding his failure to complete assignments and he was given an academic advisement conference. Despite these efforts by the school personnel, Carmona failed to put forth effort to improve his academic performance, as evidenced by his effort ratings of 3 in all the classes he failed. Carmona's mother signed a request for transfer to the opportunity school program on March 14, 1985. However, she is unable to read English and did not fully understand the importance of signing the request. She intended that the request be used to scare her son into improving his behavior. The recommendation to assign Carmona to the alternative school was based on his history of disruptive behavior and his lack of academic success, and not on the request his mother signed.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the School Board of Dade County enter a Final Order assigning Gonzalo Lazaro Carmona to the alternative school program at Douglas MacArthur senior High School - North. DONE and ORDERED this 26th day of September, 1985, in Tallahassee, Florida. DIANE K. KIESLING, Hearing Officer Division of Administrative Hearings The Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32301 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 26th day of September, 1985. COPIES FURNISHED: Jackie Gabe, Esquire Suite 800, 300 Executive Plaza 3050 Biscayne Blvd. Miami, Florida 33137 Mrs. Caridad Cabrera 2025 NW 28 Street Miami, Florida 33142 Dr. Leonard Britton Superintendent of Schools School Board of Dade County 1450 NE Second Avenue Miami, Florida 33132 Ms. Maeva Hipps School Board Clerk Dade County Public Schools 1410 NE Second Avenue Miami, Florida 33132
