The Issue The issue is whether Everett meets the criteria for assignment to an educational alternative program. The Petitioner presented the testimony of Charles F. Thompson, assistant principal at Madison Junior High School; Ollie Yeager, guidance counselor Ben Simmons, social worker; Arline Shapiro, teacher; and Betty T. Orfly, teacher. Petitioner also had 30 exhibits admitted in evidence. Petitioner waived the filing of a transcript and proposed order.
Findings Of Fact Elizabeth Everett was a student at Madison Junior High School during the 1983-84, 1984-85 and 1985-86 school years until her assignment to the alternative school. She also attended summer school in 1984 and 1985. Everett has an extensive history of disciplinary problems. She entered school at Madison on November 14, 1983. On December 1, 1983, Everett was referred for discipline for defiance and cursing at the teacher and other students. She was placed on a 3-day indoor suspension on December 14, 1983, for defiance of school personnel. On January 12, 1984, Everett was disciplined for stealing from another student. On February 16, 1984, Everett cut class. Everett was disciplined on February 28, 1984, for disruption of the class, disrespect, defiance and excessive tardiness. Everett continued to disrupt class and was disciplined on March 7, 1984. She was placed in CSI on May 30, 1984, for disruption and defiance. On May 31, 1984, Everett was disciplined for disruption, disrespect, defiance and excessive tardiness. During summer school, Everett was disciplined for fighting in class on August 10, 1984. During the 1984-85 school year, Everett's disruptive behavior continued. On October 5, 1984, she was disciplined for popping caps in class and on October 9, 1984, she was again disciplined for disruption, disrespect and defiance. Everett was disruptive, disrespectful and defiant on November 9, 1984, and on November 27, 1984, she left class without permission. Again on January 18, 1985, Everett was disruptive, disrespectful and defiant. She was suspended on February 13, 1985, for disruption and fighting in class. On March 11, 1985, Everett entered another classroom during class and disrupted that class, and again on April 4, 1985, she disrupted another class by throwing rocks in the door at another student. Everett was abusive and disruptive on May 22, 1985. On May 31; 1985, Everett was disruptive and abusive and instigated a near fight with another student. Finally on June 5, 1985, Everett was fighting with another student and she was suspended for three days for the fight and her disruptive behavior. On September 9, 1985, Everett was removed from class after her disruptive behavior. On September 13, 1985, Everett was suspended for 10 days for causing a major disruption and battery on another student. Throughout the time she attended Madison, Everett was counseled, conferences were held with her parents, and warnings were given. Everett was referred to outside agencies for assistance. She was seen regularly by Youth and Family Services and assistance was provided to both Everett and her family. None of these measures were effective in modifying Everett's disruptive and aggressive behavior. Everett's behavior problems prevented her from succeeding academically. Even though she attended seventh grade for the 1983-84 and 1984-85 school years and summer school in 1984 and 1985, Everett has failed to passed enough classes and earn enough credits to be promoted to the eighth grade. In the 1983-84 school year Everett passed only two classes with a D and one with a C. She earned three credits. In summer school, 1984, she passed only two classes and earned 1.5 credits. In 1984-1985, Everett earned 4 credits with grades of C and D. In summer, 1985, she failed all classes.
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 Elizabeth Everett to the alternative school program at Jan Mann Opportunity School-North. DONE and ENTERED this 7th day of March, 1986, 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 7th day of March, 1986. COPIES FURNISHED: Jackie Gabe, Esquire 3050 Biscayne Boulevard Suite 800 Miami, Florida 33137 Mr. Jeffery Everett 9000 Northwest 35 Court Miami, Florida 33147 Dr. Leonard Britton Superintendent of Schools Dade County Public Schools Board Administration Building 1450 Northeast Second Avenue Miami, Florida 33132 Ms. Maeva Hipps School Board Clerk 1450 N. E. 2nd Avenue Miami, Florida 33132
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 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
Findings Of Fact At all time relevant hereto, respondent, Anthony Newkirk, was a student at Thomas Jefferson Junior High School (TJJHS) in Dade County, Florida during school years 1984-85 and 1985-86. The school is under the jurisdiction of petitioner, School Board of Dade County (Board). During school year 1984-85, Anthony was a thirteen year old seventh grade student at TJJHS. His attendance calendar card reflects that he was absent from first period home room at least twenty times that year. In addition, he was absent from his first through sixth period classes on 28, 22, 9, 37, 27 and 30 occasions, respectively. He also received failing grades in two subjects. During this same year, Anthony received a number of detention assignments and suspensions from school for disciplinary problems. These included class referrals by teachers, fighting at school, skipping detention and using profanity. On at least two occasions, his parents were contacted regarding his behavior. Anthony's behavior gradually deteriorated in school year 1985-85. He was referred by his art teacher to the assistant principal at least seven times for disruptive actions in her class. For example, Anthony would not remain seated when asked to do so, he would deliberately begin talking in a loud manner while the teacher was attempting to instruct the class, and he refused to remove his hat in class as required by the school dress code. Such conduct interfered with the student's own learning as well as the educational process of others in the classroom. In addition to the above problems, Anthony was referred to the principal by other teachers for similar conduct in 1985-86. He was also cited for excessive absenteeism and tardiness, and for skipping detention hall. On several occasions his parents were contacted regarding his behavior. On April 17, 1986, Anthony was referred to a child study team consisting of a guidance counselor, teacher and school psychologist. Despite this counseling effort, Anthony skipped a detention hall on April 26. The assistant principal then made a decision that Anthony could not function in a normal school environment. He accordingly recommended that Anthony be reassigned to Jan Mann Opportunity School-North, an alternative education program designed to meet the needs of students who are disruptive, disinterested or unsuccessful in a normal school environment. His reassignment became effective on June 3, 1986, and Anthony is to begin the 1986-87 school year at Jan Mann on September 2, 1986.
Recommendation Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED that Anthony Newkirk be reassigned to Jan Mann Opportunity School-North. DONE and ORDERED this 29th day of August, 1986, in Tallahassee, Florida. DONALD R. ALEXANDER 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, 1986. COPIES FURNISHED: Frank R. Harder, Esquire Twin Oaks Bldg., Ste. 100 2780 Galloway Road Miami, Florida 33165 Ms. Willie Newkirk 7286 N.W. 21st Court Miami, Florida 33147 Dr. Leonard Britton, Superintendent Dade County Public Schools 1450 N.E. 2nd Ave. Miami, Florida 33132
Findings Of Fact At all times relevant thereto, Respondent, Rolando Rodriguez (Rolando), was a student at Palm Springs Junior High School (Palm Springs) in Dade County, Florida, during school years 1983-84 and 1984-85. The school is under the jurisdiction of Petitioner, School Board of Dade County (Board). Rolando was born in Cuba on August 15, 1970. He and his mother came to the United States in 1980. His father remains in Cuba. Rolando enrolled in the fourth grade of the public school system in Dade County in 1980. Because of language difficulties, he was initially given some special assistance by his teachers. Even so, his school progress record, received in evidence as exhibit 2, reveals he repeated at least a part of the fifth grade due to academic problems. There is no evidence that he received bilingual education services from the public school system. While attending the sixth grade at Palm Springs in 1983-84, Rolando had isolated instances of misconduct during the first half of the school year. This included "disruptive behavior," "cutting class," and "assault and battery." He was given reprimands and warnings, and several conferences were held by school officials with Rolando and his mother. This is confirmed through testimony of witness Sweet and corroborated by Petitioner's exhibit 1 received in evidence. This exhibit is a copy of a computer print-out reflecting Rolando's case management history. It is not clear how the entries therein were prepared, or, whether the school personnel who observed the "incidents" gave the information directly to the computer program operator, or to another person who then summarized it for the operator. In any event, there is no documentation or the oral testimony evidencing any misconduct from January 1984 until the end of the school year. Rolando was then promoted to seventh grade even though he had done poorly in a number of subjects. Beginning in September 1984, Rolando's case management history (exhibit 1) reflects a series of actions which culminated in reprimands, warnings and being placed on probationary status. However, these entries on the computer print-out are hearsay in nature and the only witness appearing on behalf of Petitioner had no personal knowledge of the events. Indeed, the witness could not relate the details or circumstances surrounding the "incidents," but relied wholly on what she had been told by other school personnel, or what the computer print-out stated. Accordingly, there is no competent evidence concerning Rolando's alleged misconduct for school year 1984-85. Finally, exhibit 2 contains Rolando's grades from school year 1980-81 through school year 1983-84, but omits reference to the grades received in school year 1984-85. However, Rolando acknowledged he received at least one "F" during the year and that his overall grades were "not good." On June 26, 1985, Petitioner advised Respondent's parents that he was being reassigned to Jann Mann Opportunity School-North effective immediately because of Rolando's "disruption of the educational process in the regular school program and failure to adjust to the regular school program." It was not disclosed who participated in the decision or what specific information, other than that contained in exhibit 1, was considered in determining that reassignment was appropriate. During the first half of the school year 1983-84, the faculty and administration of Palm Springs attempted to help Rolando through parent and student conferences, developmental group counseling, a child study team, home units and employability skills instruction. Although exhibit 1 reflects similar assistance in 1984-85, there is no competent evidence to verify and confirm these hearsay declarations. Rolando is now attending Jann Mann, which is approximately thirty minutes from his home by bus. Both he and his mother desire a reassignment to Palm Springs because of its proximity to their home. Rolando acknowledged some of his disciplinary problems and specifically recalled three visits to the principal's office, but pointed out that he was unfairly charged with many other infractions even though he was merely an observer to and not a participant in these incidents. He stressed that where teachers have taken the time to provide extra assistance, he has done well in class, but fares poorly where the teacher does not provide such assistance. He views his reassignment to Jann Mann as a learning experience, and now wishes to return to his former school. Even though he testified in English, he attributes a part of his academic problems to a limited proficiency in the English language. Rolando's mother also acknowledged that she was notified on "several" occasions about Rolando's conduct. The dates of such notifications and the specific nature of his problems were not disclosed.
Recommendation Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED that Respondent be immediately reinstated to a traditional school program. DONE AND ORDERED this 13th day of November 1985, in Tallahassee, Leon County, Florida. DONALD R. ALEXANDER Hearing Officer Division of Administrative Hearings The Oakland Building/ 2009 Apalachee Parkway Tallahassee, FL 32301 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 13th day of November, 1985.
Findings Of Fact Respondent was a 6th grade student at Mays Middle School in Dade County, Florida, during the 1987-88 school year. On June 14, 1988, another student informed the school's assistant principal that Respondent had in his possession a quantity of marijuana. Respondent was brought to the assistant principal. In the course of interrogating Respondent, the assistant principal momentarily left Respondent in the custody of a security officer. Upon returning to the room, the principal learned that Respondent had attempted to discard a foil packet, behind a filing cabinet. The packet was subsequently analyzed and found to contain one quarter to one half of an ounce of marijuana. Upon further questioning by the assistant principal, Respondent contended that he had found the contraband packet on the way to school and intended to sell the drug since his family needed the money. Thereupon, Respondent was suspended for the remaining two days of the school year and reassigned to the opportunity school program for the 1988-89 school year. In response to a telephone call by school administrators, Respondent's mother came to the school when he was apprehended for the possession of marijuana. Somewhat distraught about the incident, her major concern was what action would be taken in response to this behavior by her son. Previous conversations had been had between school officials and Respondent's mother regarding his attendance record and academic problems during the school year. The entire incident of Respondent's apprehension for possession of a controlled substance was reported to law enforcement officials for further investigation and appropriate legal action. During the course of the school year, Respondent has been absent a total of 36 days. His academic progress has been extremely poor resulting in final grades for the year of "F" in language arts, "D" in mathematics, "D" in French, "F" in reading and "F" in science. During the course of the school year, Respondent was seen by the school counselor a total of 12 times. Several of the counselling sessions were the result of Respondent's referral by his teachers for disruptive behavior. Other sessions resulted from teachers concern about Respondent's academic progress. Possible remedies for Respondent's academic needs and attendance problems are more likely to be realized in the smaller and more structured educational atmosphere of the opportunity school. Petitioner's district code of student conduct contains recommended disciplinary action for students found in possession of illegal mood modifiers. Mood modifiers are defined in the district code to mean all substances capable of producing a change in behavior or altering a state of mind or feeling. The code recommends that such students either be expelled or be suspended with a possible recommendation for administrative assignment to an opportunity school. In the absence of evidence other than Respondent's own admission of his intent to sell the marijuana, school officials elected to suspend Respondent and recommend assignment to an opportunity school. Respondent is presently attending the J.R.E. Lee Opportunity School.
Recommendation Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED that a final order be entered assigning Respondent to the J.R.E. Lee Opportunity School. DONE AND ENTERED this 14th day of November, 1988, in Tallahassee, Leon County, Florida. DON W. DAVIS 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 14th day of November, 1988. COPIES FURNISHED: Frank Harder, Esquire 175 Fontainebleau Boulevard Suite 2A-3 Miami, Florida 33172 Clara Patino 19316 South West 121st Avenue Miami, Florida 33177 Hon. Betty Castor Commissioner of Education The Capitol Tallahassee, Florida 32399 Sydney H. McKenzie, Esquire General Counsel Department of Education Knott Building Tallahassee, Florida 32399 Dr. Josesph A. Fernandez Superintendent of Schools Dade County Public School 1450 Northeast Second Avenue Miami, Florida 33132
The Issue The issue herein concerns Respondent's appeal of the School Board's assignment of George S. Mulet, Jr. to an alternative school placement.
Findings Of Fact Based on the documentary evidence received and the entire record compiled herein, the following relevant facts are found: By letter dated February 9, 1983, the Petitioner, School Board of Dade County, Florida, administratively assigned Respondent, George Sixto Mulet, Jr. to Youth Opportunity School--South--in accordance with a recommendation of the principal and screening committee of the Petitioner's Department of Alternative Education Placement. The basis for that action was allegedly the Respondent's disruption of the educational process in the regular school program. By letter dated March 8, 1983, and received by the Division of Administrative Hearings on March 21, 1983, the Petitioner referred the matter to the Division of Administrative Hearings for a hearing pursuant to Chapter 120, Florida Statutes. The matter was duly scheduled by copy of a notice of hearing served on the parties dated April 11, 1983, noticing the matter for hearing for April 27, 1983. In this regard, the undersigned's secretary received a message from Marta Quinones, Respondent's mother, stating that she was requesting a continuance of the hearing. The undersigned Hearing Officer's secretary advised the parent, Marta Quinones, that it would be necessary to request a continuance in writing. No such written request was received, nor was the undersigned Hearing Officer, or Petitioner's counsel, advised in writing, or otherwise, that the Respondents would not appear at the hearing as scheduled. Accordingly, I shall recommend that the matter be referred to the School Board of Dade County to take final action consistent with its preliminary assignment based on the Respondent's failure to administratively pursue its appeal rights.
Recommendation Based on the foregoing findings and conclusions, it is hereby RECOMMENDED: That the matter be referred back to the Petitioner, School Board of Dade County, Florida, to take final action pursuant to the recommendation made herein based on the Respondent's failure to exhaust, or otherwise pursue, its appeals protections pursuant to Chapter 120.57(1), Florida Statutes. RECOMMENDED this 17th day of May, 1983, in Tallahassee, Florida. JAMES E. BRADWELL, Hearing Officer Division of Administrative Hearings The Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32301 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 17th day of May, 1983. COPIES FURNISHED: Mark A. Valentine, Esquire Law Offices of Jesse J. McCrary, Jr. Suite 800, 3000 Executive Plaza 3050 Biscayne Blvd. Miami, Florida 33137 Mrs. Marta Quinones 3531 Southwest 91 Ave. Miami, Florida 33165 Mr. Leonard M. Britton Superintendent Dade County School Board Lindsey Hopkins Building 1410 Northeast Second Avenue Miami, Florida 33132
Findings Of Fact 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
The Issue The issue presented for decision herein concerns the appeal of the Board's assignment of Jesus Valladares to Youth Opportunity School South, an alternative school placement.
Findings Of Fact Jesus Valladares, date of birth April 11, 1970, is an eighth grader who was enrolled at Rockway Junior High School during the 1983-84 school year in the Dade County School System. By letter dated March 14, 1983, Respondent was advised by the Director, Alternative Education Placement, William Perry, Jr., that in lieu of expulsion, Jesus was being administratively assigned to the opportunity school program. The basis of that administrative assignment stems from an incident on February 16, 1984 wherein Respondent carried a knife on his person while attending school at Rockway Junior High School. On February 14, 1984, Respondent displayed the knife to several students and threatened one student with the knife. On February 16, 1984, Lewis Plate, Principal of Rockway Junior High, took the knife from Respondent's person. As noted herein above, Respondent, or a representative on his behalf, did not appear to contest or otherwise refute the basis upon which the Petitioner administratively assigned him to Youth Opportunity School South.
Recommendation Based on the foregoing findings of fact and conclusions of of law, it is hereby recommended: 1. That the Petitioner, School Board of Dade County, Florida, enter a Final Order of assignment of Respondent, Jesus Valladares, to Youth Opportunity School South, an alternative school placement. RECOMMENDED this 13th day of July, 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 13th day of July, 1984.
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
