Recommendation Based upon the foregoing findings of fact and conclusions of law, it is RECOMMENDED that the School Board of Dade County enter a Final Order assigning Darrien Byrd to the McArthur Senior High School North. DONE and ENTERED this 11th day April, 1985, in Tallahassee, Florida. DIANE K. KIESLING Hearing Officer Division of Administrative Hearings The Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32301 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 11th day of April, 1985. COPIES FURNISHED: Ms. Mary Cusack Parent of Darrien Byrd 2929 N. W. 49th Street Miami, Florida 33142 Frank R. Harder, Esquire Assistant School Board Attorney Twin Oaks Building, Suite 100 2780 Galloway Road Miami, Florida 33165 Ms. Maeva Hipps School Board Clerk School Board of Dade County 1450 N. E. Second Avenue Suite 301 Miami, Florida 33132 Dr. Leonard Britton Superintendent of Schools Dade County Public Schools 1410 N. E. Second Avenue Miami, Florida 33132
Findings Of Fact During the 1985-86 school year, Respondent Daisy Perez-Cernuda was a student in the eighth grade at Riviera Junior High School. During that school year, Respondent arrived late for her first period class or simply did not attend that particular class. On December 2, 1985, Respondent became angry in that class because someone was in her seat when she arrived late. when the teacher Mrs. Vogel tried to calm her, Respondent started moving toward the teacher in a menacing way while screaming at her. Respondent was permanently removed from Mrs. Vogel's class. Respondent was instead appointed to be an office aide during the first period. Although normally bestowed as a privilege, the administration gave Respondent this assignment after her behavior in Mrs. Vogel's class in an attempt to rehabilitate Respondent by giving her a sense of responsibility and an opportunity to be successful. On February 25, 1986, Respondent came to Mrs. Vogel's classroom to deliver the attendance report during third period, together with the third period office aide. Since Mrs. Vogel knew that Respondent was an office aide only during the first period, she went to the office later in the day to inquire as to why Respondent was not attending her third-period class. When Respondent, who happened to be in the office at the time, saw Mrs. Vogel approach the principal, she started screaming at Mrs. Vogel and threatening Mrs. Vogel with physical harm. The principal had to physically block Respondent's path as Respondent moved toward Mrs. Vogel in what appeared to be an attempt to carry out her threats. On four occasions during the school year, Respondent was placed in the School Center for Special Instruction, a class wherein students serve in-door suspensions, due to her defiant and disruptive behavior. On two occasions, she left that classroom as soon as the security guard or assistant principal who accompanied her there had left. On one of those occasions-- March 3, 1986-- Respondent started screaming, yelling, and threatening students in that classroom to the extent that the other students became frightened for their physical safety and Respondent had to be removed by a security guard. On the last occasion--March 11, 1986--Respondent came in yelling racial slurs, profanities, and threats of physical violence to other students in that class. On December 6, 1985, Respondent threatened another student with physical violence during physical education to the extent that she disrupted two classes that were on the physical education field at that time. As a result of the above-described incidents, Respondent's failing grades in all classes, Respondent's cutting classes in addition to those already described above, Respondent's refusal to do her work while in class, Respondent's ten suspensions between October 1985 and March 1986, and Respondent's excessive absences and tardiness, a staffing conference was held on March 19, 1986, to consider Respondent's re-assignment into an educational alternative program. At that conference attended by Respondent, Respondent's mother, and numerous school system personnel, Respondent once again became uncontrolled. Her yelling and screaming of profanity culminated with her threat of physical violence against Mrs. Chapman, her counselor at Riviera Junior high School. No corporal punishment is administered at Riviera Junior High School. Respondent is a totally indisciplined child who should benefit by placement in an educational alternative program which has very small classes thereby allowing substantial individual attention to each student. Respondent would benefit from such special attention since it is clear from the demeanor of her parents at the final hearing in this cause that neither of them has any control over Respondent. Moreover, neither one appears to understand the need to discipline Respondent since neither one finds her behavior in school at all inappropriate.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is, RECOMMENDED that a Final Order be entered assigning Respondent Daisy Perez- Cernuda to the educational alternative program at J. R. E. Lee until such time as her performance reveals that she can be returned to the regular school program. DONE and RECOMMENDED this 4th day of September, 1986, at Tallahassee, Florida. LINDA M. RIGOT, Hearing Officer Division of Administrative Hearings The Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32301 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 4th day of September, 1986. COPIES FURNISHED: Leonard Britton, Superintendent School Board of Dade County 1410 Northeast Second Avenue Miami, Florida 33132 Phyllis O. Douglas Assistant Board Attorney Dade County Public Schools 1410 Northeast Second Avenue Miami, Florida 33132 Jaime Claudio Bovell, Esquire 1401 Ponce de Leon Boulevard Coral Gables, Florida 33134 Daisy Perez-Cernuda 4520 S.W. 5th Street Miami, Florida 33134 Ramon Perez-Cernuda #405 8871 Fountainbleau Boulevard Miami, Florida 33172
The Issue Whether or not the Respondent student, Rommel Luis Montes, should be assigned to the J. R. E. Lee Center, an opportunity school.
Findings Of Fact Respondent Rommel Luis Montes, age fifteen, was a student at Riviera Junior High School (Riviera) in Dade County, Florida, during the school years 1984-85, 1985-86, and 1986-87. During the 1984-85 school year Respondent's academic performance was very poor. He received five failing grades, passing only the subject of physical education with the grade of C. Also his ratings for effort during the four marking periods of that year were poor. The result of Respondent's lack of effort and poor academic performance was his not being promoted to the next grade. During the 1985-86 school year Respondent's academic performance was also poor. During that year he received poor ratings for effort, a D as a final grade in five subjects and the grade of F in two subjects. Respondent did not improve his academic performance during the 1986-87 school year. During the first grading period of that year, Respondent received grades of F in three subjects, grades of D in two subjects and one incomplete grade which subsequently was changed to an F. As before, Respondent's rating for effort was poor. Mrs. Carol Ann Golden, a math teacher, had Respondent as a student during the first marking period of the 1986-87 school year. While enrolled in that class, Respondent refused to do any work. Most of the time he would come to class without materials, he would rarely do homework and less than 10 percent of the time did he perform any class work. He had unexcused latenesses and out of forty-five school days he was absent twenty. In efforts to discourage tardiness, Mrs. Golden would issue detentions to Respondent (requiring him to stay in school after hours), but he would either serve them late or not at all, in defiance of school personnel authority. Those times when Respondent was issued indoor suspensions (CSI) as a disciplinary measure, he would refuse to do any work. Mrs. Deanna A. Villalobos, a history teacher at Riviera, also had Respondent as a student during the 1986-87 school year. Here again Respondent's behavior was the same: he would come to class without materials 70 percent of the time, hardly did any homework, performed approximately 5 percent of the work assigned in class, had approximately twenty absences (including one instance when he failed to return to class after lunch), was frequently tardy, would spend his time day dreaming and looking out the window, and as a result failed all the history tests administered. Respondent was also issued detentions by Mrs. Villalobos which he failed to serve. It is the practice at Riviera for teachers and school administrators to submit written reports relative to troublesome student behavior. Such reports are prepared on forms called Student Case Management Referral Forms (SCMRF) and are generally reserved for serious behavior problems. Mrs. Golden and Mrs. Villalobos each issued two SCMRFs on Respondent regarding, inter alia, his total lack of interest in school and failing grade average. In addition Respondent received five other SCMRFs from a different teacher. In addition to Respondent's lack of interest in school, these reports also complained of his skipping class, excessive talking in class, leaving class without permission, and simply refusing to do any work in class. As a counselor at Riviera, Mrs. Waizenhofer worked on a weekly basis with Respondent. From her testimony it was apparent that Respondent, although not a bad kid, was disinterested in school and was not responding to the various techniques used by teachers, counselors and administrators to make students more interested and improve their academic performance. During one counseling session Respondent, while in tears, promised Mrs. Waizenhofer to improve his school effort just a little. Twenty minutes later, Respondent was caught cutting class. One attempt at interesting Respondent in school, was to place him in the work experience program at Riviera. This consisted of securing employment for Respondent at Burger King on a part-time basis. Respondent was not able to hold the job for more than two weeks and he failed the program. Mrs. Thomas, assistant principal, and Mrs. Waizenhofer had numerous conferences with Respondent's mother. The parent, however, was not able to cause a change in Respondent's attitude toward school. It was recommended to both Respondent and his parent that assistance be sought at different community agencies, which could provide specialized counseling services at little or no cost. Despite the efforts made by the school administrators, no change was noted in Respondent. At Riviera, like other schools with regular school programs, the average number of students in a class is about thirty. Such schools are not geared to address peculiar student needs or provide individual students with continuous special attention. By contrast, at an opportunity school, such as the J. R. E. Lee Center, the ratio of teachers to students is about nine-to- one, students are the subject of individualized educational plans, and there are more counselors on staff, including a psychologist. The expert opinions of both Mrs. Thomas and Mrs. Waizenhofer was that the more structured environment at an opportunity school would be better for Respondent, as opposed to permitting him to remain in a regular school program where he was making no progress.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED: That Petitioner enter a final order affirming the assignment of Respondent Rommel Luis Montes to the J. R. E. Lee Center. DONE AND ORDERED this 17th day of March, 1987, in Tallahassee, Florida. WILLIAM J. KENDRICK 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 March, 1987. APPENDIX TO RECOMMENDED ORDER, CASE NO. 87-0294 Petitioner's proposed findings of fact 1-12, have been adopted in paragraphs 1-12, respectively. COPIES FURNISHED: Jaime Claudio Bovell, Esquire 370 Minorca Avenue Coral Gables, Florida 33134 Mrs. Estrella Montes 10030 Southwest 43rd Street Miami, Florida 33165 Dr. Leonard Britton, Superintendent Dade County Public Schools The School Board of Dade County, Florida 1450 Northeast Second Avenue Miami, Florida 33132 Honorable Betty Castor Commissioner of Education The Capitol Tallahassee, Florida 32399 Madelyn P. Schere, Esquire Assistant School Board Attorney Board Administration Building, Suite 301 1450 Northeast Second Avenue Miami, Florida 33132
The Issue The issue presented herein concerns the Respondent's through the person of his parents appeal of the School Board's assignment (of Respondent) to Youth Opportunity School South - an alternative school placement.
Findings Of Fact Based upon my observation of the witnesses and their demeanor while testifying, documentary evidence received and the entire record compiled herein, I hereby make the following relevant findings of fact. By letter dated November 8, 1983, Petitioner, the School Board of Dade County, Florida, advised the Respondent, Carlos Alberto Giralt, an eighth grade student attending Glades Junior High School, that he was being administratively assigned to the opportunity school program based on his "disruption of the educational process in the regular school program and failure to adjust to the regular school program." Carlos Alberto Giralt, date of birth December 6, 1969, was assigned to Glades Junior High School as an eighth grader during the 1983-84 school year. During October of 1983, Carlos' brother was involved in a physical altercation with another student and Carlos came to his brother's aid by using a stick to physically strike the other student involved in the altercation. Initially, Carlos was given a ten-day suspension and thereafter the suspension was changed to the administrative assignment to the alternative school placement which is the subject of this appeal. 1/ Carlos' father, Salvador Giralt, was summoned to Glades Junior High School and advised of the incident involving Carlos and the other student in the physical altercation. Mr. Giralt was advised of the policy procedures in effect at Glades and was assured that Respondent would be given the least severe penalty, which was the ten-day suspension originally referred to herein. The Giralts are very concerned parents and have voiced the concern by complaining of Respondent's assignment to the Petitioner's area office. In keeping with this concern, the Giralts have requested that their son, Carlos, be reassigned to his original community school, Glades Junior High School. Respondent does not have a history of repeated defiant conduct as relates to School Board authority. According to Petitioner's Assistant Principal at Glades Junior High, Gerald R. Skinner, Respondent was last disciplined approximately two years ago. No showing was made herein that Carlos was either disruptive of the educational process or has failed to adjust to the regular school program.
Recommendation Based on the foregoing findings of fact and conclusions of law, it is hereby recommended that the School Board of Dade County enter a Final Order transferring the Respondent to Glades Junior High School or other appropriate regular school program. RECOMMENDED this 24th day of May, 1984, in Tallahassee, Florida. JAMES E. BRADWELL, Hearing Officer Division of Administrative Hearings The Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32301 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 24th day of May, 1984.
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 Alejandra entered Rockway Junior High on March 19, 1984. Prior to entering Rockway, Alejandra had been an attendance problem at her former school. Three days after starting at Rockway, on March 21, 1984, Alejandra was picked-up for truancy. On April 9, 1984, Alejandra was again truant and was placed in the indoor suspension program. On April 10, she was warned about her behavior in the indoor suspension program, and on April 11, she was caught smoking cigarettes. On April 12, she disrupted indoor suspension and, therefore, was suspended from school. Her father was contacted concerning Alejandra's behavior. On April 23, 1984, a conference was held with Alejandra's father. At that time he explained that he had only had temporary custody of Alejandra and that Alejandra was again living with her mother. It was determined that the mother did live in the Rockway Junior High district and that Alejandra should transfer to West Miami Junior High School. On April 24, 1984, Mr. Plate found Alejandra on the school grounds. Mr. Plate initially testified that Alejandra was "trespassing" on school property because she was still suspended from school. He later changed his testimony because the suspension was for 10 days and the last day of the suspension was April 22, 1984. Mr. Plate testified that he saw Alejandra in the late afternoon and she was not appropriately dressed for class. Mr. Plate told Alejandra that she should have her mother come to the school and fill out the forms necessary to accomplish Alejandra's transfer. He also informed Alejandra that she no longer belonged at Rockway and she should not return. At no time did school personnel verify that Alejandra was living with her mother or verify the mother's address. Mr. Plate thought that the visiting teacher had been sent to the home, but he did not know whether contact had ever been made with Alejandra's mother. On May 21, 1984, Alejandra was referred to HRS because of her truancy, and on June 22, 1984, she was recommended for transfer to Opportunity School. Alejandra's last day in school was April 12, 1984.
Recommendation Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED that a final order be entered disapproving the assignment of the Respondent to the opportunity school program at Youth Opportunity School South and assigning the Respondent to the appropriate regular school program. DONE and ENTERED this 16th 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 16th day of August, 1985 COPIES FURNISHED: Mark A. Valentine, Jr., Esq. Assistant School Board Attorney McCrary and Valentine, P.A. 3050 Biscayne Boulevard Miami, Florida 33137 Phyllis Douglas, Esq. 1410 N.E. 2nd Avenue Miami, Florida 33132 Madelyn P. Schere 1410 N.E. Second Avenue Miami, Florida Mr. and Mrs. Julio Guerra 3331 S.W. 90 Avenue Miami, Florida 33165 Honorable Ralph D. Turlington Commissioner of Education The Capitol Tallahassee, Florida 32301 Dr. Leonard Britton Superintendent of Schools Dade County Public Schools 1410 Northeast Second Avenue Miami, Florida 33132
Findings Of Fact Allan Bonilla, currently principal of Rivera Junior High School, was one of at least two assistant principals who attempted to work with Javier Manuel Cepero during the 19841985 regular school year. He has been employed four years at that facility. Mr. Bonilla is personally familiar with Javier and took part in the administrative placement of Javier in an alternative program. The basis for this alternative placement was both Javier's academic needs and his disruptive behavior. Javier was suspended for five days outdoors in October 1984 for vandalism. Javier was repeating the 7th grade at Rivera Junior High School in the 19841985 school year and evidenced disruptive behavior in most classroom situations. This disruptive behavior was observed primarily in instances of direct defiance of teacher authority, tardy arrivals which disrupted classwork continuity, and talking out at the wrong time in class. As a result of these types of disruptive behavior, Javier was assigned short indoor suspensions during the months of October and November 1984. In January 1985, Javier disrupted his math class by flatly refusing to work and requested indoor suspension. Mr. Bonilla called the parents in connection with most of these suspensions, which were resulting in poor or failing grades for Javier by January 1985. Mr. Cepero came to the school to discuss Javier's problems on one occasion and the then principal called Mrs. Cepero on another occasion. He was made aware of some family problems contributing to behavior problems. Mr. Bonilla recommended the alternative school placement in January 1985, feeling that a small class with individualized attention would be an effective approach toward correcting Javier's academic problems as well as his disruptive behavior. Mr. Bonilla hoped a new school would get rid of Javier's growing bad reputation. He has received no notice concerning results of the customary annual review of Javier's placement due to be conducted some time before start of the 19851986 school year.
Recommendation Upon the foregoing findings of fact and conclusions of law, it is recommended that the School Board enter a final order continuing the alternative placement of Javier Manuel Cepero at Youth Opportunity School until such time as an annual or other evaluation indicates other appropriate assignment. DONE AND ENTERED the 28th day of August, 1985, at Tallahassee, Florida. ELLA JANE P. DAVIS Division of Administrative Hearings The Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32301 (904) 4889675 Filed with the Clerk of the Division of Administrative Hearings this 28th day of August, 1985. COPIES FURNISHED: Mark A. Valentine, Esquire Assistant Board Attorney 3050 Biscayne Boulevard Suite 800 Miami, Florid 33137 Phyllis O. Douglas, Esquire 1410 N. E. Second Avenue Miami, Florida 33132 Mr. Javler Cepero 6031 S. W. 109th Court Miami, Florida 33173 Dr. Leonard Britton Superintendent of Schools Dade County Public Schools 1410 N. E. Second Avenue Miami, Florida 33132
The Issue Whether Respondent should be transferred from Glades Middle School to an opportunity school.
Findings Of Fact For the 1989-90 school year John Sarmiento was enrolled in the Dade County public school system and he was assigned to the eighth grade at Giades Middle School. On November 27, 1989, Petitioner administratively transferred him from Glades Middle School to J.R.E. Lee, an opportunity school. The stated basis for the transfer was the student's disruptive behavior and his failure to adjust to the regular school. As an opportunity school, J.R.E. Lee has a more structured program than a traditional school, such as Glades Middle School, and is designed to assist students with discipline problems. While attending Glades Middle School, John Sarmiento repeatedly engaged in disruptive conduct that interfered with his own learning and with the learning of others in his classes. This conduct resulted in his being referred to the assistant principal's office between five and ten times per week. On one occasion the student, while in class, threw a piece of chalk at another student. On another occasion, the student engaged in an argument with another student that almost resulted in a fight during class. On an almost daily basis, the student would wander around the class while making loud, boisterous comments. This student's misconduct would have merited his suspension according to the district code of student conduct. Instead of suspending this student, the school officials worked with him and with his parents in an effort to improve his behavior. Unfortunately the considerable efforts of the personnel at Glades Middle School to serve the student's educational needs did not succeed. The student needs the structured environment that the opportunity school can provide, and his educational needs will best be served by his transfer.
Recommendation Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED that Petitioner enter a final order which approves John Sarmiento's assignment to the J.R.E. Lee opportunity school. DONE AND ENTERED this 3rd day of April 1990, in Tallahassee, Leon County, Florida. CLAUDE B. ARRINGTON 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 3rd day of April 1990. COPIES FURNISHED: Frank R. Harder, Esquire 2780 Galloway Road, Suite 100 Twin Oaks Building Miami, Florida 33165 Maria Ruiz de la Torre, Esquire 7111 Biscayne Boulevard, Suite Three Miami, Florida 33138 Madelyn P. Schere, Esquire Assistant Board Attorney Dade County Public Schools School Board Administration Building 1450 Northeast Second Avenue Miami, Florida 33132 Dr. Paul W. Bell Superintendent of Schools Dade County Public Schools School Board Administration Building 1450 Northeast Second Avenue Miami, Florida 33132
The Issue The issue for determination at hearing is whether Respondent committed the offenses set forth in the administrative complaint, and if so, what action should be taken.
Findings Of Fact At all times material hereto, Wilma Nottage (Respondent) held a teaching certificate issued by the State of Florida, Department of Education, having been issued educator's certificate #357933, in the areas of Early Childhood Education, Elementary Education, and English to Speakers of Other Languages. Her teaching certificate is valid through June 30, 1998. Respondent graduated from Florida Atlantic University in 1974 with a degree in Elementary Education and immediately thereafter began employment as a classroom teacher with the Dade County School Board (School Board). At all times material hereto, Respondent was employed with the School Board as a classroom teacher. For the 1989-90 school year, Respondent was hired by the Principal of Norwood Elementary School (Norwood) to teach fifth grade. The Principal interviewed Respondent and was very impressed with her professionalism and appearance. During Respondent's first year at Norwood, the Principal found Respondent's teaching ability to be acceptable and Respondent's behavior and appearance to be professional. Respondent received an acceptable annual performance evaluation for the 1989-90 school year. However, during the 1991-92 school year, the Principal observed that Respondent's appearance, performance, and emotional stability deteriorated and continued to deteriorate through the 1992-93 school year. At hearing, the Principal observed that the Respondent, who was present, was the Respondent that she saw, appearance wise, in the 1989-90 school year. For the 1991-92 school year, at Respondent's request, she was assigned to teach kindergarten at Norwood. 3/ The teaching concept was different for kindergarten in that there was only one classroom and the students were taught in a team concept with three teachers, Respondent being one of the three teachers. The teachers would plan together, but the subjects being taught would be equally divided. On or about October 30, 1991, the Assistant Principal of Norwood conducted an observation of Respondent's teaching performance after giving her proper notice. In an observation a teacher's classrooom performance is assessed as acceptable or unacceptable (deficient) in six areas: preparation and planning, knowledge of subject matter, classroom management, techniques of instruction, teacher-student relationships, and assessment techniques. The Assistant Principal found Respondent's performance to be unacceptable in the area of classroom management. After an observation is conducted, a post-observation is held between the observer and the teacher to discuss the observation. If there are any deficiencies found, a plan for performance improvement, also called a prescription, is issued to the teacher. The prescription contains activities (strategies) for remediating the deficiencies, a date certain (time line) for completion of the activities of the prescription, and a date for the next observation, if necessary. On or about November 5, 1991, the Assistant Principal held a post- observation conference with Respondent to discuss his observation. A prescription was given to Respondent, with a completion date of November 25, 1991. Respondent failed to complete the activities of the prescription. The team concept was not working for the kindergarten class. Respondent was infrequently completing her lesson plans, and the grades of the students for whom Respondent was responsible for assigning and recording were not properly recorded. Further, the students for whom Respondent was responsible consistently failed to complete the required areas of study, and Respondent frequently left her students unattended. The Principal became concerned that a health problem was interfering with Respondent's performance in the classroom. The Principal did not question Respondent's ability to teach. On or about November 21, 1991, by memorandum to the Associate Superintendent for the Bureau of Professional Standards and Operation of the School Board, the Principal requested a medical fitness determination for Respondent, as a component of the employee assistance program. The Principal's request was based upon, among other things, Respondent's combative and emotional behavior, inefficient work performance (no grades in her grade book), and pattern of absences. Respondent participated in the employee assistance program. However, her participation prematurely ended, lasting only approximately one (1) month. Respondent was not attending the scheduled conferences and ended her participation indicating that she was getting assistance on her own. On December 16, 1991, a conference for the record was held with Respondent. During the conference, Respondent admitted that she had not completed any of the requirements set forth in the prescription issued November 5, 1991. Even though Respondent's observation of October 30, 1991 was unacceptable and she had not remediated the deficiencies, the Principal was recommending Respondent's reappointment for one year. Also, Respondent was afforded additional time in which to complete the prescription and was to submit the appropriate paperwork for the prescription by January 7, 1992. On January 22, 1992, the Principal observed Respondent's classroom performance after giving proper notice. The Principal found Respondent's performance unacceptable in the area of classroom management. Prior to the observation on January 22, 1992, the Principal terminated the kindergarten team because the team concept was not working. Even though Respondent's participation in the team was less than adequate, the other two kindergarten teachers contributed to the failure of the team concept by failing to provide Respondent a fair chance to join the team and teach in the kindergarten setting as established at Norwood. The other two kindergarten teachers did not properly assist or support Respondent or share needed materials. On January 29, 1992, the Principal held a post-observation conference with Respondent regarding the observation on January 22, 1992. A prescription, consisting of two activities, was given to Respondent with time lines for completing the activities. Respondent was unable to complete one of the activities due to illness. Respondent failed to complete the second activity. On February 27, 1992, the Principal observed Respondent's classroom performance after giving proper notice. The Principal found Respondent's performance unacceptable in the areas of preparation and planning, knowledge of subject matter, classroom management, and techniques of instruction. The Principal found the observation of February 27, 1992, unusual in that areas in which Respondent was previously found to be acceptable were now found to be unacceptable. The Principal's position is that, if a teacher is capable of doing something one day, the teacher is capable of doing the same thing another day. On March 5, 1992, a post-observation conference was conducted and a prescription was given to Respondent regarding the observation of February 27, 1992. The time line for completion of the activities of the prescription was March 27, 1992. As of March 27, 1992, the Principal had not received the material from Respondent showing that the activities of the prescription were completed. The Principal extended Respondent's compliance date for the prescription to April 1, 1992. By memorandum dated March 31, 1992, the Principal informed Respondent that her failure to comply with the required prescription by April 1, 1992, would result in a violation of professional responsibility which is a category VII classroom assessment violation. Not completing the activities of the prescription by April 1, 1992, Respondent requested an extension to April 13, 1992, which was granted by the Principal. However, on April 13, 1992, Respondent failed to complete the activities of the prescription. The Principal notified Respondent that her conduct of not completing the prescription constituted insubordination and could result in disciplinary action if it continued. By another memorandum dated March 31, 1992, the Principal requested an external review (external observation) of Respondent's classroom performance. The external observation provides an independent observation of Respondent's classroom performance. By memorandum dated April 1, 1992, the Principal notified Respondent that her unusually high number of absences since the beginning of the 1991-92 school year were adversely affecting the educational environment. The School Board allows 10 days for sick leave during a school year. The memorandum specified the dates of the absences, the category of the absences (whether personal or sick leave), and how the absences impacted the educational environment. Five of Respondent's absences were designated as sick leave. The Principal issued directives to Respondent as to how she should conduct herself in the future regarding absences and informed Respondent that her failure to comply with the directives would result in a review of her situation for disciplinary action. On April 30, 1992, a conference for the record was held with Respondent. The purpose of the conference was to discuss Respondent's attendance, her noncompliance with the directives to complete the prescriptions of January 22, 1992, and March 27, 1992, and her future job status. As a result of the conference, among other things, it was agreed that Respondent would present the materials needed to comply with all the prescriptions to the Principal by May 8, 1992. On May 13, 1992, the external observation which was requested by the Principal was conducted by the School Board's District Director of the Office of Instructional Leadership after giving proper notice. Simultaneously, in conjunction with the external observation, the Principal conducted an observation after giving proper notice. The District Director found Respondent's classroom performance unacceptable in the areas of knowledge of subject matter, classroom management, and techniques of instruction. The Principal found Respondent's classroom performance unacceptable in the areas of classroom management, and techniques of instruction. When the two observations were reviewed together, the area of knowledge of subject matter was determined to be acceptable. On May 20, 1992, the Principal held a post-observation conference with Respondent. A prescription was given to Respondent with time lines for completion of the activities of the prescription. On May 29, 1992, the Principal observed Respondent's classroom performance after giving proper notice. The Principal found Respondent's performance unacceptable in the areas of classroom management, and techniques of instruction. On June 8, 1992, the Principal held a post-observation conference with Respondent. A prescription was given to Respondent with a June 18, 1992, completion date for the activities of the prescription. Respondent's annual evaluation for the 1991-92 school year was conducted on June 17, 1992. Her overall performance was found unacceptable in two areas: classroom management and techniques of instruction. Respondent had failed to remediate these unacceptable areas. Also, on June 17, 1992, a conference for the record was held with Respondent regarding her failure to complete the activities of the prescription due April 27, 1992, the unacceptable observation of May 29, 1992, and her future job status. Respondent was informed, among other things, that the prescription deadline for the activities due June 18, 1992, was changed to June 19, 1992, that she continued to have an opportunity to complete outstanding prescriptions, that she was ending the year on prescription and that her end of year evaluation was rated unacceptable. For the 1992-93 school year, Respondent was assigned to teach the fifth grade. Respondent did not receive this assignment until around the beginning of the school year. Expecting to teach kindergarten, Respondent had prepared for kindergarten; however, the enrollment for kindergarten declined and there was not a need for a third teacher in kindergarten. The Assistant Principal requested Respondent's lesson plans for the first week of classes, but Respondent failed to make them available. Furthermore, in her lesson plans for the second week of classes, Respondent failed to include four objectives which are required to be included in lesson plans. By memorandum dated September 23, 1992, the Principal reminded Respondent of the requirement for lesson plans and the objectives which are required to be included in lesson plans. On October 6, 1992, the Principal observed Respondent's classroom performance after giving proper notice. The Principal found Respondent unacceptable in the areas of classroom management, techniques of instruction, and assessment techniques. On October 13, 1992, the Principal held a post-observation conference with Respondent. A prescription was given to Respondent. The activities of the prescription were to be completed by November 16, 1992, with one to be completed by October 23, 1992. Respondent failed to complete the prescription. On November 17, 1992, the Assistant Principal observed Respondent's classroom performance after giving proper notice. The Assistant Principal found Respondent's performance unacceptable in the areas of preparation and planning, knowledge of subject matter, classroom management, techniques of instruction, and assessment techniques. On November 23, 1992, the Assistant Principal held a post-observation conference with Respondent in which Respondent was given a prescription. The activities of the prescription were to be completed by December 4, 1992. Respondent failed to complete the prescription. Subsequently, the teachers' union interceded and changes were made in the results of the observation of November 17, 1992. The areas of knowledge of subject matter and techniques of instruction were found to be acceptable; and, therefore, Respondent's classroom performance on November 17, 1992, was unacceptable in the areas of preparation and planning, classroom management, and assessment techniques. On December 16, 1992, a conference for the record was held with Respondent to discuss, among other things, Respondent's performance assessments, her failure to provide required lesson plans and to complete required prescriptions, and her future employment. Respondent was informed, among other things, that her failure to comply with directives was insubordination and that, if she continued to have unacceptable performance ratings, her situation would be submitted to the Department of Education for review. At the December 16, 1992 conference, Respondent's behavior was unusual, out of character. She was very loud instead of her usual quiet self. On February 2, 1993, a conference for the record was held with Respondent. She was requested to provide the outstanding prescriptions. Because Respondent had not completed all of the requested prescriptions, she was given twenty-four (24) hours to complete and provide the unfinished prescriptions. Respondent failed to complete the prescriptions within the 24- hour period. On February 16, 1993, the Principal conducted an observation of Respondent's classroom performance after giving proper notice. The Principal found Respondent's performance unacceptable in the areas of preparation and planning, knowledge of subject matter, and techniques of instruction. On February 24, 1993, a post-observation conference was held and a prescription was given to Respondent. Included in the prescription was an unacceptable performance in the area of professional responsibility (category VII violation) regarding Respondent's failure to comply with prescription deadlines. The activities of the prescription were to completed by March 10, 1993. Respondent failed to complete the prescription. On March 17, 1993, the Assistant Principal observed Respondent's classroom performance after giving proper notice. The Assistant Principal found Respondent's performance unacceptable in the areas of preparation and planning, classroom management, and assessment techniques. The post-observation conference in which a prescription was issued was held on March 24, 1993. 4/ However, because the conference was not timely held, the observation was used only for assistance purposes. By memorandum dated March 24, 1993, the School Board's Associate Superintendent of the Bureau of Instructional Support requested an external observation of Respondent's classroom performance. On April 21, 1993, an external observation of Respondent's classroom performance was conducted by the School Board's Executive Director for Mathematics, Science and the Urban System Initiative after giving proper notice. Simultaneously, in conjunction with the external observation, the Principal conducted an observation of Respondent's classroom performance after giving proper notice. Both the Director and the Principal found Respondent's performance unacceptable in the areas of knowledge of subject matter, and techniques of instruction. A post-observation conference was scheduled for April 28, 1993; however, Respondent was absent that day. The conference was held on April 30, 1993. Respondent was given a prescription, consisting of two activities, with the activities of the prescription to be completed by May 10, 1993. Respondent failed to complete one of the activities by the due date. On April 14, 1993, a conference was held with Respondent and a prescription was given to her regarding her unacceptable performance in the area of professional responsibility (category VII). The prescription addressed Respondent's failure to provide upon request and to maintain lesson plans, grade books and graded material and her failure to comply with prescription deadlines. By memorandum dated May 14, 1993, and received by Respondent on June 3, 1993, the Principal advised Respondent of her excessive absences for the 1992-93 school year to date. Twenty-six of Respondent's absences were designated as sick leave. Moreover, the Principal advised Respondent that the absences adversely impacted the support services to students, the academic progress of the students, the continuity of instruction, and the effective operation of the school. The Principal issued directives to Respondent and advised Respondent that the failure to comply with the directives would result in review by the Office of Professional Standards and, possibly, in disciplinary action. On May 20, 1993, the Assistant Principal conducted an observation of Respondent's classroom performance after giving proper notice. The Assistant Principal found Respondent's performance unacceptable in the areas of preparation and planning, classroom management, and assessment techniques. On May 24, 1993, the Assistant Principal held a post-observation conference with Respondent. A prescription was given to Respondent. The activities of the prescription were to be completed by June 17, 1993. Respondent failed to complete the prescription. On June 2, 1993, Respondent's annual evaluation was conducted. The Principal found Respondent's overall performance unacceptable in the areas of preparation and planning, classroom management, assessment techniques, and professional responsibility. Respondent had failed to remediate these unacceptable areas. A conference for the record was held with Respondent on June 2, 1993, regarding her performance assessments and her continued employment with the School Board. Respondent was reminded and advised, among other things, that she had 31 absences for the school year, had not completed all prescriptions, and had two years of unacceptable evaluations, and that her performance would be recommended for review and termination procedures. Prior to the 1991-92 and 1992-93 school years, Respondent had not received an unacceptable annual evaluation, having been in the classroom for almost 17 years. Respondent experienced medical problems during the 1991-92 and 1992-93 school years. During the 1991-92 school year, Respondent's medical problems included high blood pressure, back pain, and a herniated disc. Also, Respondent received psychological treatment from a psychologist, which was independent of the employee assistance program. During the 1992-93 school, Respondent's medical problems included high blood pressure, pain and swelling in her legs and ankles, back problems, and fibroid tumors. These medical problems which were experienced by Respondent over the two school years caused her to be absent from school for many days. Obviously, the medical problems would have some affect on Respondent's teaching performance. However, there is no medical opinion, no objective evidence as to how and to what extent the medical problems affected or would affect Respondent's teaching performance. 5/ In June 1993, after almost 19 years as a teacher with the School Board, Respondent resigned from the School Board as a teacher. At the time of the hearing, Respondent was no longer receiving treatment for her physical or mental well-being. However, there is no medical evidence indicating that Respondent no longer needs such medical treatment. At no time during any of the post-observation conferences in which prescriptions were given did Respondent indicate that she was experiencing any medical problems whether they were physical or psychological. Because of Respondent's conduct during the 1991-92 and the 1992-93 school years, her effectiveness as a teacher was seriously reduced, she failed to provide the children in her classes the minimal education experience required or reasonably expected, and she has demonstrated that she did not possess the competence to teach or perform the duties of a teacher.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Education Practices Commission enter a final order: 1.Suspending Wilma Nottage's teaching certificate for 60 days; Requiring Wilma Nottage to submit to a physical and psychological evaluation, prior to reemployment, which must confirm that there is no physical or psychological impediment to her teaching students; Placing Wilma Nottage on a two-year probation, commencing at the time of reemployment, with the condition that, during the first year of probation, she successfully complete two three-hour college courses or the equivalent in- service training courses in the areas of classroom management and elementary education; and Reprimanding Wilma Nottage. DONE AND ENTERED in Tallahassee, Leon County, Florida, this 22nd day of November 1995. ERROL H. POWELL 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 22nd day of November 1995.
Findings Of Fact At all times relevant hereto, respondent, Karega Y. Paisley, who is eleven years old, was a student in the school system of petitioner, School Board of Dade County. Until his recent transfer, he attended Kendale Elementary School (KES) located at 10693 Southwest 93rd Avenue, Miami, Florida. At issue in this proceeding is Karega's reassignment from the regular school program at KES to J.R.E. Lee School, an alternative school program. The basis for the transfer is that Karega has allegedly exhibited "disruptive behavior" and a "failure to adjust to the regular school" program. Notice of such transfer was given by petitioner to Karega's parents by letter dated September 4, 1987. The transfer prompted the request for the hearing in this cause. Pending the outcome of this proceeding, Karega has been attending J.R.E. Lee School. Karega has been a student at KES since at least the fourth grade. In school year 1986-87, Karega, then a fifth grader, attended, among other classes, those taught by teachers Arias and Holden. Arias taught Spanish (second language) while Holden taught fifth grade English. At hearings Arias established that Karega was late for her Spanish class at least two or three times per week. Although repeatedly reminded by Arias to do so, he would frequently fail to bring his Spanish materials to class each day. When this occurred, Arias would have to send Karega out of class to retrieve his materials. Despite these orders, he would often return to class without them. This caused a disruption of the class and a loss of ten to fifteen minutes of instruction time whenever Arias had to deal with this problem. On occasion, Arias would order Karega to do something in class, and he would refuse saying words to the effect "I don't want to do that." He would then ask her "What are you going to do now, Mrs. Arias?" Karega also had occasional temper tantrums, and would make obscene gestures with his finger at the teacher. This behavior took place in the presence of other students. Efforts by Arias to counsel Karega and to change his behavior were unsuccessful. Because of several serious disruptive incidents with Karega during school year 1986-87, Arias prepared four disciplinary record reports or student case management referral forms which described the disruptive activity. These have been received in evidence as petitioner's exhibits 1, 2, 7 and 15 and reflect that Karega was referred to the assistant principal for disciplinary action on February 19, March 11, and May 15 and 17, 1987, respectively. The reports were prompted by Karega's disruptive conduct in class and the allegations therein were later admitted to by the student in meetings with the assistant principal. Holden did not testify at final hearing. She too prepared a number of disciplinary record reports as a result of disruptive activity by Karega in her classroom. The reports have been received in evidence as petitioner's exhibits 4, 5, 6, 8, 9, 11, 12, 14 and 16. Although her comments on the reports are hearsay, they corroborate admissions by Karega to the assistant principal and principal, and are therefore considered supplemental and corroborative evidence. These reports reflect disruptive activity by Karega throughout school year 1986- 87 that not only interfered with Karega's learning process but with the learning process of other students as well. On May 5, 1987, Karega was suspended from school for three days for "defiance of school authority." On June 1, 1987, while being escorted to the principal's office by Holden for certain disruptive conduct, Karega tripped Holden causing her to fall down and sustain a broken hip. For this action, Karega received a ten day suspension from school for "defiance of school personnel's authority and battery." Respondent's grades, while not failing, were described as being "poor." The Board's witnesses characterized Karega as being "above average," and possibly a "gifted" child, and this was corroborated by Stanford Achievement Tests administered to Karega. However, since Karega's grades were not introduced into evidenced a finding cannot be made that his academic progress has been "unsatisfactory." No other KES student had ever been sent to an alternative education program since the school considers this to be a last resort to all other measures. For this reason, school personnel attempted to change Karega's behavior by counseling, taking less drastic disciplinary action, and by seeking the help and cooperation of his parents. These efforts proved unsuccessful, and eventually a child study team consisting of the school psychologist, counselor, assistant principal, principal and a classroom teacher unanimously recommended that Karega be sent to J.R.E. Lee School, a school dealing with disruptive students. That school offers a more structured environment, individualized educational plans, favorable teacher-pupil ratio (3:1 at the time of hearing) and full-time on-campus counselors and a psychologist. In view of Karega's persistent disruptive behavior, this placement was appropriate. Respondent's father did not testify or present any evidence. He contended through arguments and suggested by interrogation of witnesses, that the disciplinary reports were fabricated and that his son was transferred solely because of racist policies of KES. However, the evidence shows the charges are totally unfounded, and without merit. The father also suggested that his complaints about the school system have been ignored, and that his son did not admit the allegations described in the disciplinary reports to the principal and assistant principal. Again, these charges were unsubstantiated.
Recommendation Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED that a Final Order be entered reassigning Karega Y. Paisley to Lee School. DONE AND ORDERED this 13th day of November, 1987, in Tallahassee, Leon County, Florida. DONALD R. ALEXANDER Hearing Officer Division of Administrative Hearings The Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32399-1550 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 13th day of November, 1987.
