Findings Of Fact Jose L. Rizo was a student at Henry H. Filer Junior High School during the 1984-85 school year until his assignment to the alternative school. During his attendance at Filer, Rizo was involved in numerous instances of misbehavior that required disciplinary action. On November 9, 1984, Rizo was reprimanded and warned for cutting class. He received three additional reprimands and warnings for general disruptive behavior and for being in an unauthorized area on November 30, 1984; for general disruptive behavior and cutting class on December 18, 1984; and for excessive tardiness and for being in an unauthorized area on January 22, 1985. He was also placed on indoor suspension. On February 4, 1985, Rizo was placed on outdoor suspension for assault and battery. Rizo was disciplined for excessive tardiness on February 12, 1985, for general disruptive behavior and nonattendance on March 8, 1985, and for nonattendance on March 15, 1985. He was given dropout prevention counseling, but his misbehavior and nonattendance continued. On April 1, 1985, Rizo was again referred for discipline for excessive absences. On April 2, 1985, he was placed on outdoor suspension for aggravated assault and battery and a Complaint of Truancy was filed. Rizo was again referred for nonattendance on April 5, 1985. Finally, on April 15, 1985, Rizo was again placed on suspension for fighting . A recommendation for alternative school placement was made on April 24, 1985. Rizo will turn sixteen on October 10, 1985. He has expressed his intention to quit school at that time. Despite active intervention by school officials, Rizo's lack of interest in school and his failure and refusal to attend school remains unchanged.
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 Jose L. Rizo to the alternative school program at Jan Mann Opportunity School North. DONE and ENTERED 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. Idelio Rizo 1160 West 30 Street Hialeah, Florida 33012 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 Northeast Second Avenue Miami, Florida 33132
Findings Of Fact Jose Valentine Bernardez was a seventh-grade student at Kinloch Park Junior High School during the 1984- 85 school year until his reassignment to the alternative school on May 30, 1985. At the time of hearing, the 1985-86 school had just begun and Jose's parents did not send him to the alternative school pending the outcome of this proceeding. However, Jose has not been withdrawn from the public schools of Dade County. While at Kinloch Park, Jose was involved in numerous incidents that resulted in disciplinary referrals. On September 25, 1984, Jose pushed another student and on September 26, 1984, Jose took a student's notebook and got into a fight. On February 6, 1985, Jose didn't have appropriate materials in class. Early in the day on February 13, 1985, Jose was referred for discipline for refusing to remain in his seat, provoking other students, throwing paper airplanes and destroying art materials. Later that same day, Jose took an earring off a teacher's desk and put it in the trash can. When the teacher asked the class about the earring, Jose did not tell where the earring was. He later admitted his involvement to a counselor, but did not know why he did it. Jose was suspended from school for his misbehavior on February 13, 1985. Jose was placed on indoor suspension on February 27, 1985, for slapping another student on the head, being constantly out of his seat and not doing his work. Jose had a day added to his indoor suspension on March 6, 1985, because he misbehaved in indoor suspension by talking, disrupting and refusing to be quiet. On March 7, 1985, Jose was disruptive and disturbing other students. On March 13, 1985, Jose was defiant, disruptive, imitating another student and making statements about that student's mother. On March 18, 1985, Jose was again suspended for a fight in class, disruptive behavior on a daily basis, constant disruptive behavior and carving on the desk with an exacto blade. On April 4, 1985, an indoor suspension was imposed because Jose was talking in class after warning and disrupting the class. Jose repeatedly disrupted class on April 24, 1985, and did not bring materials to school. On May 8, 1985, Jose was late for class for the fourth time, threw chalk and sat in the wrong seat. He was again suspended. Finally after the suspension was served, Jose returned to school, and on May 15, 1985, Jose was poking other students with a safety pin. When confronted, Jose ran from the teacher. He was again suspended and was referred to the alternative school program. Throughout the course of Jose's attendance at Kinloch Park, the school officials counseled with Jose and his parents on numerous occasions. Jose also received counseling at the school. Jose's mother asked the school for help on at least three occasions. She recognized Jose's behavioral problems and indicated that they began after the death of Jose's brother. She asked the school for assistance in getting psychological counseling for Jose. In response to that request, she was given a list of four local public and private agencies when she could seek help for Jose on her own. Mrs. Bernardez also asked the school to evaluate Jose to determine if he had psychological problems or emotional problems that resulted in his misbehavior. The school's only response was to place Jose's name on a waiting list for evaluation. While Jose's name remained on this waiting list, his behavioral problems continued. The school's response was to suspend Jose and refer him to alternative school. Additionally, during this time, Mrs. Bernardez did take Jose to all four of the agencies named by the school. At each she was told that they did not do evaluations of the type needed for Jose and instead offered to provide counseling for Jose at the parent's expense. Jose's parents attempted to get professional help regarding Jose's behavioral problems, but were unable to do so successfully before Jose was removed from the regular school program.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the School Board of Dade County enter a Final Order, and therein: Return Jose Valentine Bernardez to the regular school program. Require that an evaluation as required by Rule 6A- 6.331(1) and other applicable rules, including but not limited to Rule 6A-6.3016, Florida Administrative Code, be performed immediately. DONE and ENTERED this 17th day of September, 1985, in Tallahassee, Florida. DIANE K. KIESLING Hearing Officer Division of Administrative Hearings The Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32301 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 17th day of September, 1985. COPIES FURNISHED: Jackie Gabe, Esquire 3000 Executive Plaza, Suite 800 3050 Biscayne Boulevard Miami, Florida 33137 Mr. & Mrs. Jose Bernardez 4630 N. W. 4th Street Miami, Florida 33126 Ms. Maeva Hipps School Board Clerk Dade County Public Schools 1450 Northeast Second Avenue Miami, Florida 33132 Dr. Leonard Britton Superintendent of Schools Dade County Public Schools Board Administration Building 1450 Northeast Second Avenue Miami, Florida 33132
Findings Of Fact 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 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
The Issue Whether the Respondent should be reassigned to the Opportunity School.
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 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
Findings Of Fact During the 1983-84 school year, Respondent was an eighth grade student at North Miami Junior High School. Due to academic deficiencies, she would be required to repeat the eighth grade if she remains in the regular program. Petitioner related some 12 incidents of disruptive or rebellious behavior by Respondent over the past two academic years which resulted in disciplinary action. She was also disciplined on at least two occasions for repeated tardiness and unexcused absences. Petitioner has made reasonable efforts to assist Respondent in adjusting to regular junior high school. She was transferred from one class due to disagreements with her teacher and she has received counseling on at least four occasions regarding her behavior problems. Respondent's year-end grades are unsatisfactory in mathematics and language arts, which are both remedial courses. She is thus experiencing serious academic as well as behavior difficulties.
Recommendation From the foregoing, it is RECOMMENDED that Petitioner enter a final order assigning Celia Lela Benjamin to its opportunity school. DONE and ENTERED this 5th 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 5th day of September, 1984. COPIES FURNISHED: Mark Valentine, Esquire 3000 Executive Plaza 3050 Biscayne Boulevard Miami, Florida 33137 Mrs. Maebelle Bolden Abner 2396 North West 73rd Terrace Miami, Florida 33147 Daniella S. Levine, squire Legal Services of Greater Miami, Inc. 149 West Plaza, Suite 210 7900 North West 27 Avenue Miami, Florida 33147 Dr. Leonard Britton Superintendent of Schools School Board of Dade County Lindsey Hopkins Building 1410 North East 2nd Avenue Miami, Florida 33132
