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 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
Findings Of Fact Michael Rodriguez was a student at Henry H. Filer Junior High School during the 1984-85 and 1985-86 school years until his assignment to the alternative school. During the 1984-85 school year, Rodriguez was absent about fourteen days, ten of which occurred from May 1 to June 18, 1985. School began for the 1985-86 school year on September 4, 1985. During the first month and one-half, Rodriguez was absent eight days. On September 18, 23, and 30, 1985, Rodriguez was counseled and referred to the visiting teacher for cutting class and excessive absences. A formal complaint of truancy was filed on September 30, 1985. Rodriguez has shown that he will not attend school regularly and was counseled regarding his refusal to attend school. Additionally, when Rodriguez came to school, he left without administrative authority on several occasions. When Rodriguez attended school, he was able to perform at an acceptable level. As a result of his repeated truancy during the latter part of the 1984-85 school year, he received final grades of F in Science, D in Physical Education, C in Social Studies, D in Language Arts, F in Mathematics, and C in Shop. Rodriguez was retained in the seventh grade. He also received numerous effort grades of 3, which means he was making little or no effort in his studies. On February 26, 1985, Rodriguez was disciplined for fighting. On September 8, 1985, he was reprimanded for general disruptive behavior. As mentioned earlier, he was disciplined and counseled on September 18, 1985, for cutting class and excessive absences. On October 3, 1985, Rodriguez was placed on a three-day outdoor suspension for defiance of school authority and leaving class without permission. Rodriguez was counseled on several occasions regarding his truancy, lack, of effort and failing grades. His mother was also contacted and participated in a conference. A Child Study Team Conference was also held in which it was determined that Rodriguez has no learning disability and his failure is due to lack of effort and truancy.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the School Board of Dade County enter a Final Order assigning Michael Rodriguez to the alternative school program at Jan Mann Opportunity School-North. DONE and ORDERED this 19th day of February, 1986, in Tallahassee, Florida. DIANE K. KIESLING, Hearing Officer Division of Administrative Hearings The Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32399 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 19th day of February, 1986. COPIES FURNISHED: Sheila Rodriguez 610 West 35th Street Hialeah, Florida 33012 Frank R. Harder, Esquire Twin Oaks Building Suite 100 2780 Galloway Road Miami, Florida 33165 Dr. Leonard Britton Superintendent of Schools Dade County Public Schools Board Administration Building 1450 N.E. Second Avenue Miami, Florida 33132 Mrs. Maeva Hipps 1415 N.E. 2nd Avenue Miami, Florida 33136
The Issue Whether the Respondent should be reassigned to the Opportunity School.
Findings Of Fact Dwayne was repeating the seventh grade during the 1984- 85 school year. He has a history of truancy and disruptive behavior. In an effort to remedy Dwayne's behavior several parent conferences were held and various disciplinary measures were imposed, including indoor and outdoor suspension. Dwayne was referred to the visiting teacher in an attempt to improve his attendance record, but his attendance did not improve. Dwayne began the school year on September 6, 1984, and on October 16, 1984, he was referred to the visiting teacher because he had already passed the threshold requirement of 10 absences. Further, when Dwayne went to school he often would not attend class. Dwayne has a history of disciplinary problems. He was involved in fights in October of 1983, March of 1984, and December of 1984. In the fight occurring in March a classroom window was broken and a sewing machine knocked over. In the December fight the grill of a car was broken. On May 23, 1984, he threatened a teacher. Dwayne was also referred to the office on November 2, November 8, and November 28, 1984, because he was disruptive and skipped class. Dwayne's behavior was bad enough for him to be expelled. Along with his poor attendance and disciplinary records, Dwayne had a poor academic record.
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 the 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 School Board Attorney McCrary & Valentine, P.A. 3050 Biscayne Boulevard Miami, Florida Honorable Ralph D. Turlington Commissioner of Education The Capitol Tallahassee, Florida 32301 Dr. Leonard Britton Superintendent of Schools Board Administration Building Dade County Public Schools 1410 Northeast Second Avenue Miami, Florida 33132 Mrs. Arlevia Taylor, 1099 N. W. 151st Street North Miami, Florida 33169 Madelyn P. Schere Assistant Board Attorney Dade County Public Schools 1450 N.E. 2nd Avenue Miami, Florida 33132 Jesse J. McCrary, Jr., Esq. 3000 Executive Plaza Suite 800 3050 Biscayne Boulevard Miami, Florida 33137 Phyllis O. Douglas Assistant Board Attorney Dade County Public Schools 1410 Northeast Second Avenue Miami, Florida 33132
Findings Of Fact Based upon my observation of the witnesses and their demeanor while testifying, the documentary evidence received, and the entire record compiled herein, I hereby make the following relevant findings of fact. Jorge Barahona is a sixteen (16) year old repeat eighth grader enrolled in the Respondent, School Board of Dade County, Public School System. Petitioner's parents, Mr. and Mrs. Julio Barahona, were notified by letter dated March 16, 1983, by certified mail, return receipt requested, that Jorge, who was then attending Kinlock Park Junior High School, was being transferred to the Youth Opportunity School South based on his disruption of the educational process in the regular school program. Prior to the Respondent's decision to assign Petitioner to an alternative placement, Respondent, through its staff, undertook various measures in an effort to quell Jorge's disruptive activities and to provide an educational setting for him in a regular classroom. These measures included counselor referrals on October 13, 15, 19, 21, and 27, 1982. At that time, a committee including Petitioner's teacher, the school's then assistant principal, W. George Cosgrove, and a guidance counselor all discussed the Petitioner's disruptive activities and placed him in the "outreach program". The Outreach Program is designed to utilize extraordinary measures to attempt to foster respect in students who exhibit disruptive behavior while attending school in a regular classroom. While placed in the Outreach Program, Jorge was again referred repeatedly to counselors for disruptions. On November 1, 1982, Jorge was advised that his next referral would result in an indoor suspension. Petitioner was repeatedly absent from school during the early part of November, 1982, and when he returned to school on the fifth (5) day following the November vacation, he was again referred for counseling due to disruptive conduct. At that time, December 3, 1982, he was given a five-day indoor suspension. During mid-January, 1983, Petitioner was again referred for counseling by three instructors which resulted in an extension of an earlier indoor suspension. On November 21, 1983, Petitioner embarked upon a course of abusive and profane outbursts which resulted in his being escorted to the Principal's office where he was again given an additional two-day indoor suspension. Petitioner's defiant behavior continued and an internal disciplinary committee decided to recommend that he be reassigned to the Opportunity School Program at Youth Opportunity School South. The Position of Petitioner's Parents The Petitioner's parents voiced their contention that Petitioner did not violate any school rules when he was assigned to the regular school program and that Petitioner had recurring medical problems which were the cause of his behavior. Finally, the parents (of Petitioner) contend that the school officials are not treating the Petitioner fairly by recommending the alternative placement for Petitioner. The evidence reveals that Petitioner is eligible for an educational alternative program because he is disruptive, disinterested and unsuccessful in a normal school environment. Rule 6A-1.994(2), Florida Administrative Code. There is no evidence to support the Petitioner's claim that he was unfairly treated due to the fact that he is the subject of an alternative educational assignment. Respondent's recommendation of Petitioner was based on a history of repeated disruptions by Petitioner while enrolled in a regular school environment.
Recommendation Based on the foregoing findings of fact and conclusions of law, it is hereby RECOMMENDED: That the School Board enter a Final Order assigning Petitioner to an alternative school program. RECOMMENDED this 10th day of October, 1983, in Tallahassee, Florida. JAMES E. BRADWELL, Hearing Officer Division of Administrative Hearings The Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32301 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 10th day of October, 1983.
The Issue Whether Respondent should be assigned to the school system's opportunity school program.
Findings Of Fact At all times material hereto Respondent, Guillermmo Hernandez, was an eighth grade student assigned to South Miami Middle School. While in math class during November, 1988 through January, 1989, Respondent was disruptive in the classroom, tardy on several occasions and unprepared for class. In an attempt to ascertain the reasons for his behavior and to assist him, Respondent's parents were consulted, Respondent was consulted, and Respondent was assigned to detention and work detail. Again, while in home economics class during February through March, 1989, Respondent disrupted the classroom by his antics which on one occasion included piercing his ear and dressing as a girl. Respondent also chased other students, popping them with towels. Here too, his parents were consulted, Respondent was consulted and he was assigned to both outdoor and indoor supervision. Respondent is a disturbed young man who at first appears to be a class clown. He pushes a situation until is becomes a problem and then begs for forgiveness. Further, he does not appear to be learning disabled. However, after repeated attempts to help him, it is apparent that he is unable to control himself in a regular classroom and would benefit from a more structured setting such as the opportunity school program of the Dade County School District.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the School Board of Dade County, Florida issue a Final Order affirming the assignment of Respondent to school system's opportunity school program. DONE and ENTERED this 29th day of June, 1989 in Tallahassee, Florida. JANE C. HAYMAN 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 29th day of June, 1989. COPIES FURNISHED: Jaime C. Bovell, Esquire 370 Minorca Avenue Coral Gables, Florida 33134 Mr. and Mrs. Juan Hernandez 6361 S.W. 33rd Street Miami, Florida 33155 Madelyn P. Schere, Esquire School Board Administration Building 1450 Northeast Second Avenue Miami, Florida 33132 Dr. Joseph A. Fernandez Superintendent of Schools Dade County Public Schools School Board Administration Building 1450 Northeast Second Avenue Miami, Florida 33132
Findings Of Fact Gonzalo Lazaro Carmona was a student at Miami Jackson Senior High School during the 1984-85 school year until his assignment to the alternative school. On October 31, 1984, Carmona was placed on indoor suspension for cutting class and failure to complete an assignment. Carmona was placed on indoor suspension on November 28, 1984, following three incidents in that month. He was referred for discipline on November 9, 1984, for general disruptive behavior and failure to complete an assignment; November 14, 1985, for general disruptive behavior; and November 28, 1985, for being in an unauthorized area, specifically the girls' locker room. On February 6, 1985, Carmona was placed on outdoor suspension for general disruptive behavior, defiance of school authority and assault on a teacher. Again on March 8, 1985, he was suspended for assault on a teacher. Carmona was disciplined on March 13, 1985, for general disruptive behavior, defiance of school authority, and rude and discourteous behavior. On April 2, 1985, he was reprimanded and warned for defiance, cutting class, and leaving class without permission. An outdoor suspension was given for general disruptive behavior and failure to complete an assignment on April 25, 1985. Finally, on May 17, 1985, Carmona assaulted a teacher, Ms. Sweats, in the classroom. Carmona was being disruptive in class. Ms. Sweats tried to reprimand him. Carmona then made a fist, used profanity, and threatened the teacher. Carmona was placed on a ten-day outdoor suspension. It was also recommended that Carmona be reassigned to the alternative school program. While enrolled at Miami Jackson, Carmona was not successful academically. His final grades for the 1984-85 school year were C (Math), F (Personal Fitness), F (Biology), C (Arts and Crafts), F (Life Management), and F (Fundamentals CM2). At various times during the school year, Carmona was counseled regarding his failure to complete assignments and he was given an academic advisement conference. Despite these efforts by the school personnel, Carmona failed to put forth effort to improve his academic performance, as evidenced by his effort ratings of 3 in all the classes he failed. Carmona's mother signed a request for transfer to the opportunity school program on March 14, 1985. However, she is unable to read English and did not fully understand the importance of signing the request. She intended that the request be used to scare her son into improving his behavior. The recommendation to assign Carmona to the alternative school was based on his history of disruptive behavior and his lack of academic success, and not on the request his mother signed.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the School Board of Dade County enter a Final Order assigning Gonzalo Lazaro Carmona to the alternative school program at Douglas MacArthur senior High School - North. DONE and ORDERED this 26th day of September, 1985, in Tallahassee, Florida. DIANE K. KIESLING, Hearing Officer Division of Administrative Hearings The Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32301 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 26th day of September, 1985. COPIES FURNISHED: Jackie Gabe, Esquire Suite 800, 300 Executive Plaza 3050 Biscayne Blvd. Miami, Florida 33137 Mrs. Caridad Cabrera 2025 NW 28 Street Miami, Florida 33142 Dr. Leonard Britton Superintendent of Schools School Board of Dade County 1450 NE Second Avenue Miami, Florida 33132 Ms. Maeva Hipps School Board Clerk Dade County Public Schools 1410 NE Second Avenue Miami, Florida 33132
The Issue Whether the respondent should be reassigned to the Opportunity School.
Findings Of Fact Mr. Aron Brumm, Assistant Principal at Cutler Ridge, handles about 95% of the disciplinary cases at Cutler Ridge. He was personally involved in investigating the incidents involving Charlotte and in the efforts to correct Charlotte's behavior. The following is an outline of Charlotte's disciplinary record at Cutler Ridge: DATE REASON FOR REFERRAL 9/17/84 Charlotte was disruptive in class, rude, and constantly tardy. 9/25/84 Charlotte was found in possession of pens stolen from the school store. She admitted that she had taken them. 10/4/84 Charlotte was rude, insulting, and disrespectful in class. Class disrupted. 10/31/84 Charlotte threatened another student. 11/1/84 Charlotte talked back to her teacher in class and was rude. She was putting on make-up during the class. 12/6/84 Charlotte constantly tardy to class and disruptive when she gets to class. 12/6/84 Charlotte was disruptive on the school bus. 12/19/84 Charlotte was disruptive in reading class. 1/18/85 Charlotte was found in possession of "Request for Student" blank forms that are used by school to get a student out of class. Charlotte forged the later signature of Mrs. King to get out of class and was found out near the band room; the forms were found in her purse. 1/22/85 Charlotte completely disrupted indoor suspension, which she was attending due to the prior incident. She was defiant and disrespectful. 1/23/85 Charlotte disrupted indoor suspension once again, despite warning given to her the day before. 1/25/85 A pre-opportunity school conference was held, at which time it is discovered that Charlotte had forged Mrs. Steele's name on Charlotte's progress reports. Every effort was made by school personnel to help Charlotte correct her disruptive behavior. From the time of the first incident, contact was made with Charlotte's guardian. By October 4, 1984, Charlotte had been referred to the school counselor. She was placed in an academic study group which met once a week for four weeks. She had special counseling sessions with some of her teachers. She received reprimands, indoor suspensions, and outdoor suspensions. All efforts were ineffective. Although Charlotte had some good days and would show improvement for a short period of time after certain counseling sessions, she ultimately would revert to her former behavior. Charlotte was not removed from the classes where she was having the most difficulty. However, none of the evidence indicates that a change in teachers would have brought about a change in Charlotte's behavior. Charlotte's disruptive behavior was not confined to one class or one teacher. Three different teachers had to refer Charlotte to the assistant principal for disciplinary action because of her intolerable behavior in the classroom. Further, Charlotte's disruptive behavior was not limited to the classroom. She was disruptive on the school bus, she threatened a fellow student, she stole pens from the school store, she forged her guardian's name on her progress reports, and she used a forged pass to get out of class. She was disruptive in indoor suspension. This is clearly not a case of a personality conflict between a student and teacher which can be resolved by transferring the student out of the teacher's class.
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 Youth Opportunity School South. DONE and ENTERED this 21th 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 21st day of August, 1985. COPIES FURNISHED: Dr. Leonard Britton Superintendent of Schools Board Administrative Building Dade County Public Schools 1410 Northeast Second Avenue Miami, Florida 33132 Mark A. Valentine, Jr., Esq. Assistant School 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 Phyllis O. Douglas, Esq. Assistant Board Attorney Dade County Public Schools 1450 Northeast Second Avenue Miami, Florida 33132 Honorable Ralph D. Turlington Commissioner of Education The Capitol Tallahassee, Florida 32301
Findings Of Fact Julie Annette Smith was a student at Centennial Junior High School during the 1984-1985 school year. She was administratively reassigned to the Douglas MacArthur Senior High School-South, an alternative placement in the school system's opportunity school program, by letter dated November 29, 1984. On September 6, 1984, Smith was disruptive, defiant and profane in the school cafeteria. She refused to go to the principal's office and Mr. Burke was called to remove her to his office. Smith was counseled and warned regarding her misbehavior and defiance. On September 28, 1984, Smith was involved in a fight in the art classroom. On November 7, 1984, Smith was involved in a fight wherein she attacked another student. Smith continued to verbally threaten the other student after the altercation was broken up by Mr. Burke. Smith has been involved in numerous other incidents of verbal and physical abuse of school personnel and students. Her behavior repeatedly interfered with the ability of other students to receive an education.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the School Board of Dade County enter a Final Order assigning Julie Annette Smith to the alternative School program at Douglas MacArthur Senior High School-South. DONE and ENTERED this 6th day of August, 1985, in Tallahassee, Florida. DIANE K. KIESLING Hearing Officer The Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32301 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 6th day of August, 1985. COPIES FURNISHED: Mrs. Evangelene Smith Bryant Parent of Julie Annette Smith 10990 S.W. 223rd Street Miami, Florida 33170 Frank R. Harder, Esquire Assistant School Board Attorney Twin Oaks Building/Suite 100 2780 Galloway Road Miami, Florida 33165 Ms. Maeva Hipps, Clerk of the School Board of Dade County Board Administration Building 1450 N. E. Second Avenue Miami, Florida 33132 Dr. Leonard Britton Superintendent of Schools Dade County Public Schools Board Administration Building 1410 N.E. Second Avenue Miami, Florida 33132
Findings Of Fact Based upon the evidence presented at hearing, the following facts are determined: I.B. ("student"), daughter of Petitioners, was a seventh grade student attending Henry H. Filer Junior High Community School prior to placement (which is here being challenged) in the educational alternative program located at Jan Mann Opportunity School. (Testimony of Eliot M. Berman) Between September 4, and December 30, 1979, the student engaged in frequent behavior at Filer Junior High which disrupted the classroom environment. Specific instances of reported disruptive behavior occurred on or about September 5, 27, October 5, 9, 10, 11, November 29, December 3, 10, and 30, 1979. Usually her behavior involved physical or verbal hostility toward her teachers and other students. Each incident was followed by conferences with the student's parents, vice principal, or guidance counselor. Between September 5, 1979, and December 30, 1979, 9 parental and 8 counselor conferences were held in an effort to modify the student's disruptive behavior pattern. The student is an aggressive child who becomes easily frustrated in a regular classroom environment, frequently rebels against authority, exhibits hostility toward and argues with her peers and engages in disruptive behavior in order to get attention. Several of her teachers have concluded that she is unwilling, or unable to adapt to a regular classroom environment. (Testimony of Eliot Berman, Respondent's Exhibits 1-2) Due to her disruptive behavior in the school environment, the student was twice placed for several days in the Filer Junior High School's Center for Special Instruction (SCSI)-on October 9, 1979, for disruptive behavior during exchange of classes and inflammatory comments to the instructor, and on November 30, 1979, for slapping a female student in Physical Education class. A child is placed in SCSI, in lieu of suspension from school, in order to receive special teacher instruction and supervision. The teacher-student ratio is increased to one teacher for each fifteen students, and a concentrated effort is made to modify a child's unsatisfactory behavior patterns and clarify his or her values. In this case, the student's placement in SCSI does not appear to have modified her disruptive behavior in the normal classroom setting. Her behavior not only detracts from her own learning experience, but interferes with the educational process of other children. (Testimony of Eliot Berman, Respondent's Exhibits 1-2) The student was frequently absent from her classrooms between August 27, 1979, and January 23, 1980. She missed Social Studies class-19 times, Mathematics and Language Arts classes-7 times each, and Life Science class-11 times. Such absences, in combination with her behavior problems, have seriously impaired her academic progress. (Testimony of Eliot Berman, Respondent's Exhibits 1-2) The student, in conjunction with her SCSI placement, has made a conscious effort to improve her behavior, but her disruptive classroom behavior has continued. (Respondent's Exhibits 1-2) The student's mother and brother believe that placement in the Jan Mann Opportunity School educational alternative program will not benefit the student and that she should, instead, be placed in a regular junior high school close to her home where her behavior can be more closely monitored by family members. The student does not share in her family's desire that she be placed in a regular school closer to her home. (Testimony of Mrs. A.B., E.B., and I.B.) Placement of the student in the Jan Mann Opportunity School educational alternative program will provide the student with an opportunity for intensive counseling, a better student- teacher ratio, and an opportunity to improve her self-esteem and basic educational skills which cannot be provided in the regular classroom setting. (Eliot M. Berman)
Recommendation While at Filer Junior High School, I.B. has been a disruptive, unsuccessful, and disinterested student and meets the criteria for placement in an educational alternative program. Accordingly, the School Board should uphold the placement of this student in the Jan Mann Opportunity School educational alternative program and deny the appeal of such placement by Petitioners.
