Findings Of Fact Respondent was reassigned to the alternative school program on January 4, 1983, following numerous incidents which required discipline during the preceding 12 months. There were repeated incidents of unexcused absences and tardiness, and on December 13, 1983, Respondent was found to be in possession of a quaalude tablet without authorization. Since being reassigned to the alternative program, Respondent's performance and conduct have improved. Her parents accept responsibility for the earlier problems and have curtailed their business travel in order to spend more time with her. They have secured counseling for Respondent and seek to have her returned to the regular program as soon as possible.
Recommendation In consideration of the foregoing, it is RECOMMENDED: That Petitioner enter its Final Order affirming the assignment of Respondent to its alternative education program. DONE and ORDERED this 6th day of May, 1983, in Tallahassee, Florida. R. T. CARPENTER, Hearing Officer Division of Administrative Hearings The Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32301 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 6th day of May, 1983. COPIES FURNISHED: Dr. Leonard Britton, Superintendent Dade County Public Schools Lindsey Hopkins Building 1410 Northeast Second Avenue Miami, Florida 33132 Mark Valentine, Esquire 3000 Executive Plaza 3050 Biscayne Boulevard Miami, Florida 33137 Mr. Mike Eldridge 14800 Northeast 16th Avenue North Miami, Florida 33161
The Issue The issue is whether Points meets the criteria for assignment to an educational alternative program. Petitioner presented the testimony of Laura Bryant, school bus driver: Peter Rossi, police officer with the Special Investigative Unit of the School Board of Dade County, Raymond Fontana, assistant principal of Highland Oaks Junior High School; Arnold Golditch, teacher, and Lawrence Jurrist, teacher. Petitioner had Exhibits 1-8 admitted into evidence. Respondent presented the testimony of John Points. The parties waived the filing of a transcript and proposed orders.
Findings Of Fact John Points was a student at Highland Oaks Junior High School during the 1983-84 and 1984-85 school years until his assignment to the alternative school. During his attendance at Highland Oaks, Points has been involved in numerous instances of misbehavior that involved disciplinary action. On October 26, 1983 he was truant and was placed-on indoor suspension in the SCSI program. On February 24, 1984, he was placed on a two day indoor suspension for disruptive behavior. On May 3, 1984 he was given a 10 day outdoor suspension for theft. He served a three day indoor suspension each for starting a fight on May 31, 1984, and for general disruptive behavior on September 11, 1984. On September 14, 1984, Points walked out of class and on October 4, 1984, he was reprimanded and warned for fighting. He was placed on two days indoor suspension for cutting class on October 25, 1984. Points served two detentions for refusal to be seated, disruptive behavior and disrespect on November 7, 1984. On December 5, 1984, Points was suspended and recommended for alternative school for fighting and creating a general disturbance. Based on that recommendation for alternative school, Points was assigned to alternative school on December 17, 1984. Because of a paperwork mistake, Points did not go to alternative school and remained at Highland Oaks. In February, 1985, the error was discovered, but Mr. Fontana decided to let Points stay at Highland Oaks because two months had passed and he had no behavior problems in the interim. Shortly thereafter, Points was warned for failure to dress out for PE class on March 4, 1985. On March 12, 1985, Points was placed on a two day indoor suspension for disrupting the cafeteria by whistling. Finally, on March 28, 1985, Points was suspended from school for ten days for possession of marijuana on the school bus. In fact, no independent evidence was presented regarding Points supposed possession of marijuana. The only evidence was his own statement. By Points' own admission, two other students asked him to roll a marijuana cigarette from marijuana which they gave him. Points did so and gave it back to the other students. He did not smoke marijuana on the bus. Points has had academic problems at Highland Oaks. He is an exceptional student in Learning Disability classes. As of his last report card, Points received three F's, two D's and one B. During the 1984-85 school year, Points was absent 17 days from September 4, 1984 to April 4, 1985. This number does not include his absences for the ten day suspension. Additionally he was also absent on some occasions from particular classes.
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 assigning John Points to the alternative school program at Douglas MacArthur Senior High School-North. DONE and ENTERED this 16th 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 16th day of September, 1985 COPIES FURNISHED: Angela Points 200-178 Drive Miami Beach, Florida 33160 Frank Harder, Esquire Twin Oaks Building Suite 100 2780 Galloway Road Miami, Florida 33165 Ms. Maeva Hipps School Board Clerk Dade County Public Schools 1450 N. E. 2nd Avenue Miami, Florida 33132 Dr. Leonard Britton Superintendent of Schools Dade County Public Schools Board Administration Building 1450 Northeast Second Avenue Miami, Florida 33132
The Issue The issue presented for decision herein concerns the appeal of the Board's assignment of Jesus Valladares to Youth Opportunity School South, an alternative school placement.
Findings Of Fact Jesus Valladares, date of birth April 11, 1970, is an eighth grader who was enrolled at Rockway Junior High School during the 1983-84 school year in the Dade County School System. By letter dated March 14, 1983, Respondent was advised by the Director, Alternative Education Placement, William Perry, Jr., that in lieu of expulsion, Jesus was being administratively assigned to the opportunity school program. The basis of that administrative assignment stems from an incident on February 16, 1984 wherein Respondent carried a knife on his person while attending school at Rockway Junior High School. On February 14, 1984, Respondent displayed the knife to several students and threatened one student with the knife. On February 16, 1984, Lewis Plate, Principal of Rockway Junior High, took the knife from Respondent's person. As noted herein above, Respondent, or a representative on his behalf, did not appear to contest or otherwise refute the basis upon which the Petitioner administratively assigned him to Youth Opportunity School South.
Recommendation Based on the foregoing findings of fact and conclusions of of law, it is hereby recommended: 1. That the Petitioner, School Board of Dade County, Florida, enter a Final Order of assignment of Respondent, Jesus Valladares, to Youth Opportunity School South, an alternative school placement. RECOMMENDED this 13th day of July, 1984, in Tallahassee, Florida. JAMES E. BRADWELL, Hearing Officer Division of Administrative Hearings The Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32301 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 13th day of July, 1984.
The Issue Whether the respondent should be reassigned to the Opportunity School.
Findings Of Fact Emil Perez attended Kinloch Park Junior High School during the 1983-84 school year. He was then assigned to opportunity school at Lee and enrolled there at the beginning of the 1984-85 school year. Because petitioner failed to file the deposition of its witness, there was no competent evidence presented concerning the reason or reasons why Emilo was assigned to the opportunity school. Emilo began to have serious attendance problems after being assigned to J.R.E. Lee. Both the school social workers and the school psychologist who testified at the hearing agreed that Emilo did not go to school at J.R.E. Lee because he was afraid to go to school there. The fear manifested itself through physical symptoms such as diarrhea and vomiting. Mr. Hayes, the school psychologist, defined Emilo's emotional problem as "school phobia", which is similar to separation anxiety disorder. However, although Emilo's fear of school was exaggerated, it was not totally baseless. The students at Lee are more aggressive than the students enrolled in the regular school program, and Emilo was threatened and harassed by the other students when he went to school. Emilo did not have attendance problems while enrolled at Kinloch. Because of Emilo's emotional problems, he would benefit from mental health counseling and assignment to a regular school program.
Recommendation Based upon the foregoing findings of fact and conclusions of law, it is RECOMMENDED that a final order be entered disapproving the assignment of respondent to the opportunity school program at J.R.E. Lee and assigning the respondent to the regular school program. DONE and ENTERED this 17th day of September, 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 17th day of September, 1985. COPIES FURNISHED: Daniella S. Levine, Esq. Legal Services of Greater Miami, Inc. Northeide Shopping Center 149 West Plaza, Suite 210 7900 N.W. 27th Avenue Miami, FL 33147-4796 Ms. Maeva Hipps School Board Clerk Dade County School Board 1450 N.E. 2nd Avenue, Suite 401 Miami, FL 33132 Mark A. Valentine, Jr., Esq. Assistant School Board Attorney McCrary & Valentine, P.A. Suite 800, 3050 Biscayne Boulevard Miami, FL 33137 Phyllis O. Douglas Assistant Board Attorney Dade County Public Schools 1450 Northeast Second Avenue Miami, FL 33132 Dr. Leonard Britton Superintendent of Schools Board Administration Building Dade County Public Schools 1450 Northeast Second Avenue Miami, FL 33132
The Issue The issue for determination at the final hearing was whether the Respondent Mary Ann Phillips should be assigned to an alternative school placement. At the final hearing Kenneth Rogers, Assistant Principal, Homestead Junior High School, and Angela McCrenna, Assistant Principal at Campbell Drive Middle School, testified for the Petitioner. Petitioner's Exhibits 1-2 and Respondent's Exhibit 1 were offered and admitted into evidence.
Findings Of Fact During the 1982-83 school year, the Respondent Mary Ann Phillips was enrolled as a seventh grade student at Homestead Junior High School. On or about October 7, 1982, the Respondent Phillips was referred to Kenneth Rogers, Assistant Principal, by a Home Economics teacher as part of an investigation into the theft of another student's sewing supplies. The Respondent was found to be in possession of the stolen articles which included patterns, scissors and fabrics. A letter was sent to the Respondent's mother which requested a conference concerning this incident; however, no response was received from Mrs. Phillips. On November 30, 1982, six dollars was stolen from a purse during a class when the purse was placed unattended on a table. The students who had access to the purse were questioned by Rogers, who was told that the Respondent Phillips went into the purse while it was on the table. Rogers searched the Respondent and found six dollars in one of her books. As a result of this incident the Respondent was suspended from school for ten days. On February 7, 1983, the Respondent Phillips was again suspended for ten days for the theft of $27 from the purse of a substitute teacher. As a result of this incident, Rogers recommended an alternative placement for the Respondent Phillips. Following her difficulties at Homestead Junior High School, the Respondent Phillips received permission from the Petitioner to transfer schools and enroll as a regular student at Campbell Drive Middle School, but on a probationary status. The Respondent's mother was informed that the Respondent's continued placement at Campbell Drive was contingent on no further discipline problems arising. In May of 1983, Joanna Linardi, a teacher at Campbell Drive, discovered that her wallet was stolen during one of her classes. Linardi was missing cash and a large sum of money in the form of travelers checks. The next day a purse was found which was inadvertently left in a Home Economics class. The purse belonged to the Respondent, and among its contents were Linardi's wallet and travelers checks. Based on the Respondent's possession of the checks, an alternative placement was again recommended.
Recommendation Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED: That Petitioner enter a Final Order assigning Mary Ann Phillips to its opportunity school. DONE and ENTERED this 17th day of October, 1983, in Tallahassee, Florida. SHARYN L. SMITH, 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 October, 1983. COPIES FURNISHED: Larry Handfield, Esquire McCRARY AND VALENTINE, P.A. Suite 800 - Executive Plaza 3050 Biscayne Boulevard Miami, Florida 33137 Mitchell A. Horwich, Esquire Legal Services of Greater Miami, Inc. Northside Shopping Center 149 West Plaza, Suite 210 7900 N.W. 27th Avenue Miami, Florida 33147 Dr. Leonard Britton Superintendent of Schools School Board of Dade County Lindsey Hopkins Building 1410 Northeast Second Avenue Miami, Florida 33132
Findings Of Fact Clifton Dukes, Jr., was a student at Parkway Junior High School during the 1982-83 school year and the 1984-85 school year until his reassignment to the alternative school on February 11, 1985. During his attendance at Parkway, Dukes was involved in numerous incidents of misconduct. During the 1982-1983 school year he was involved in seven incidents involving profanity, rudeness, defiance to a teacher, class disruption, skipping class, refusing to participate in Physical Education, and sexual harassment of a student. On March 10, 1983, Dukes was sent to an alternative school placement at Jan Mann Opportunity School. Dukes was returned to the regular school program for the 1984-85 school year. On September 20, 1984, Dukes was involved in the suspected smoking of a mood modifier and received a five- day suspension. On October 26, 1984, he was involved in a fight and received a three-day suspension. On November 13, 1984, Dukes threatened a teacher and received a three-day suspension. Finally, on January 15, 1985, Dukes was found in possession of a mood modifier and was placed on a ten-day suspension. Following the last incident, he was reassigned to the alternative school.
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 Clifton Dukes, Jr. to the alternative school program at Miami Douglas MacArthur Senior High School- North. DONE and ENTERED this 6th day of August, 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 6th day of August, 1985. COPIES FURNISHED: Mr. & Mrs. Clifton Dukes, Sr. 3511 N. W. 176th Street Opa Locka, Florida 33056 Jesse J. McCrary, Jr., Esquire Suite 800 3050 Biscayne Boulevard Miami, Florida 33137 Ms. Maeva Hipps Clerk of the School Board of Dade County Board of Administration Building 1450 N. E. Second Avenue Miami, Florida 33132 Dr. Leonard Britton Superintendent of Schools Dade County Public Schools Board Administration Building 1410 N. E. Second Avenue Miami, Florida 33132 ================================================================ =
Findings Of Fact Otis J. Clayton was a student at Nautilus Junior High School during the 1983-84 and 1984-85 school years. He attended Miami Beach Senior High School during the 1985-86 school year until his assignment to the alternative school. While at Nautilus, Clayton had an extensive history of disruptive behavior in class. During the 1983-84 school year, Clayton consistently, regularly and persistently disrupted class by yelling, using abusive language to others including teachers and students, hitting other students, talking and playing in class, and defying authority. He was counseled and disciplined and conferences were held with his mother. Despite constant assistance by the school, Clayton did not change his disruptive behavior. He was finally suspended on June 6, 1984. In addition to his disruptive behavior, Clayton was disinterested and unsuccessful as evidenced by his excessive absences and skipping class. His absences in various classes ranged from 16 to 26 for the 1983-84 school year. During the 1984-85 school year, Clayton's disruptive behavior continued. On February 21, 1985, Clayton was suspended for five days as a result of his disruptive behavior, defiance of school authority and fighting. Again on March 1, 1985, Clayton was disciplined for fighting. Clayton was disciplined and counseled regarding his continuous disruption and defiance in class on March 20, 1885. On March 29, 1985, Clayton was placed on indoor suspension for five days for his repeated disruption, defiance and use of provocative language. Clayton was disciplined on April 2, 1985, for his disruptive behavior and for picking on other students. He was placed on a five day outdoor suspension on April 23, 1985, for his repeated disruption of class, defiance of school authority and assault. Finally, Clayton was again suspended for five days on May 13, 1985, for his repeated disruptive behavior and defiance. Clayton had been hitting other students. During the 1984-85 school year Clayton's absences and skipping class had also increased. He had a cumulative absence total of 34 and a record of absences in various classes ranging from 22 to 71. Clayton began attending Miami Beach Senior High School for the 1985-86 school year. His misbehavior and absenteeism continued. On October 17, 1985, Clayton was disciplined for excessive tardiness. On October 23, 1985, he was again disciplined for excessive tardiness and excessive absences. He was suspended for five days on October 25, 1985 for his general disruptive behavior, defiance, excessive tardiness, refusal to serve detention and refusal to serve an indoor suspension. Finally, on November 4, 1985, Clayton was suspended for 10 days for disruptive behavior, defiance, and excessive tardiness and absences. He had been absent 25 days during the first grading period and he had received grades of F in all classes. On November 5, 1985, the parent was informed by letter that Clayton was being referred to the alternative school program. Because Clayton is an exceptional student, an educational placement staffing conference was held on November 8, 1985. During that staffing a new Individual Educational Plan (IEP) was developed which included placement in the opportunity school at Douglas MacArthur Senior High School-North. Clayton's mother was present at the staffing and signed the IEP approving Clayton's placement at MacArthur.
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 Otis J. Clayton to the alternative school program at Douglas MacArthur Senior High School-North. DONE AND ENTERED, this 7th day of March, 1986, in Tallahassee, Florida. DIANE K. KIESLING, Hearing Officer Division of Administrative Hearings The Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32399 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 7th day of March, 1986. COPIES FURNISHED: Jackie Gabe, Esquire 3050 Biscayne Boulevard Suite 800 Miami, Florida 33137 Mrs. Martha C. Donalds 1558 Northwest 1st Avenue Miami, Florida 33139 Dr. Leonard Britton Superintendent of Schools Dade County Public Schools Board of Administration Building 1450 Northeast Second Avenue Miami, Florida 33132 Ms. Maeva Hipps School Board Clerk 1450 N. E. 2nd Avenue Miami, Florida 33132
Findings Of Fact 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. Keith O'Neil Vinson (date of birth November 1, 1968) was a student enrolled in the regular school program at Arvida Junior High school during the 1982/83 school year as an eighth grader. By letter dated August 18, 1983, Petitioner, the School Board of Dade County, Florida, advised the parent, Mrs. Yvonne Vinson, that Respondent, Keith D. Vinson, was being administratively assigned to Youth Opportunity School South based on his disruption of the educational process in the regular school program and his failure to adjust thereto. Keith is physically well-developed for his age. That is, he is approximately 6 feet 5 inches and weighs approximately 200 pounds. During the 1982-83 school year, Respondent was the subject of more than 10 suspensions and was called in for numerous teacher conferences based on his defiant and assaultive conduct with other students while enrolled at Southwood and Arvida Junior High School. (Testimony and admission of parent, Yvonne Vinson) From 1981 through 1983, Respondent engaged in repeated acts wherein he was involved in fights and assaults of other students. Despite repeated efforts to attempt to control Respondent's defiant behavior, his same pattern of conduct persisted. Although Respondent's mother, Mrs. Yvonne Vinson, testified that the Respondent's conduct has been exaggerated by school officials and that he was singled out for "petty matters," the evidence herein reveals and it is specifically found that the Respondent's conduct was disruptive of the regular school program throughout his enrollment therein.
Recommendation Based on the foregoing findings of fact and conclusions of law, it is hereby recommended that the Respondent's appeal of the Petitioner's assignment of Respondent to an opportunity school program be DENIED. RECOMMENDED this 10th day of February, 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 10th day of February, 1984. COPIES FURNISHED: Mark A. Valentine, Esquire Jesse J. McCrary, Jr., Esquire 3050 Biscayne Blvd., Suite 800 Miami, Florida 33137 Mrs. Yvonne Vinson 11610 South West 140 Terrace Miami, Florida 33176 Dr. Leonard Britton Superintendent of Schools Dade County Public Schools Lindsey Hopkins Building 1410 North East 2nd Avenue Miami, Florida 33132
Findings Of Fact Michael Rodriguez was a student at Henry H. Filer Junior High School during the 1984-85 and 1985-86 school years until his assignment to the alternative school. During the 1984-85 school year, Rodriguez was absent about fourteen days, ten of which occurred from May 1 to June 18, 1985. School began for the 1985-86 school year on September 4, 1985. During the first month and one-half, Rodriguez was absent eight days. On September 18, 23, and 30, 1985, Rodriguez was counseled and referred to the visiting teacher for cutting class and excessive absences. A formal complaint of truancy was filed on September 30, 1985. Rodriguez has shown that he will not attend school regularly and was counseled regarding his refusal to attend school. Additionally, when Rodriguez came to school, he left without administrative authority on several occasions. When Rodriguez attended school, he was able to perform at an acceptable level. As a result of his repeated truancy during the latter part of the 1984-85 school year, he received final grades of F in Science, D in Physical Education, C in Social Studies, D in Language Arts, F in Mathematics, and C in Shop. Rodriguez was retained in the seventh grade. He also received numerous effort grades of 3, which means he was making little or no effort in his studies. On February 26, 1985, Rodriguez was disciplined for fighting. On September 8, 1985, he was reprimanded for general disruptive behavior. As mentioned earlier, he was disciplined and counseled on September 18, 1985, for cutting class and excessive absences. On October 3, 1985, Rodriguez was placed on a three-day outdoor suspension for defiance of school authority and leaving class without permission. Rodriguez was counseled on several occasions regarding his truancy, lack, of effort and failing grades. His mother was also contacted and participated in a conference. A Child Study Team Conference was also held in which it was determined that Rodriguez has no learning disability and his failure is due to lack of effort and truancy.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the School Board of Dade County enter a Final Order assigning Michael Rodriguez to the alternative school program at Jan Mann Opportunity School-North. DONE and ORDERED this 19th day of February, 1986, in Tallahassee, Florida. DIANE K. KIESLING, Hearing Officer Division of Administrative Hearings The Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32399 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 19th day of February, 1986. COPIES FURNISHED: Sheila Rodriguez 610 West 35th Street Hialeah, Florida 33012 Frank R. Harder, Esquire Twin Oaks Building Suite 100 2780 Galloway Road Miami, Florida 33165 Dr. Leonard Britton Superintendent of Schools Dade County Public Schools Board Administration Building 1450 N.E. Second Avenue Miami, Florida 33132 Mrs. Maeva Hipps 1415 N.E. 2nd Avenue Miami, Florida 33136
The Issue At issue herein is whether or not the Respondent School Board of Dade County's reassignment of the Petitioner based on an alleged pattern of disruptive behavior in the educational program should be sustained.
Findings Of Fact Based upon my observation of the witnesses and their demeanor while testifying, the following relevant facts are found. During September, 1978, Victor John Cecchi was transferred from Miami Springs Junior High School to the Jan Mann Opportunity School North. Charles W. Bales, the principal of Miami Springs Junior High School appeared at the hearing and testified that the Petitioner was transferred based on an extensive pattern of "disruptive behavior in the educational program which deprived other students in the program of the full benefits of the educational system." According to principal Bales, the transfer to the Jan Mann Opportunity School North is one where the Opportunity School provides a more controlled atmosphere, smaller classes, more direct supervision which enables a "problem child" to get the benefits of the Dade County educational program. It is eventually the goal of the Opportunity School to reintegrate the "problem child" back into the regular school system so that he is mainstreamed back into the full academic process. During the period October 4, 1977 through the assignment in September of 1978, Petitioner had been referred to the principal's office 35 times for referrals due to disruptive behavior. Principal Bales testified in detail respecting the various incidences by the Petitioner wherein he had been involved in an extended pattern of disrupting classes, leaving the school campus without permission, engaging in altercations with other students and destroying the personal property of others. During these incidences, petitioner was at times returned to the school campus by truant officers and officers from the Miami Springs Police Department While the Petitioner, through his father, does not dispute the fact that he was referred to the principal`s office based on a pattern of disruptive behavior, Petitioner requested that his son be reconsidered for reassignment back in the normal school program at Miami Springs Junior High School. In this regard, testimony reveals that the Petitioner has attended the Jan Mann Opportunity School for a total of only three days since his reassignment to the center. Testimony reveals further that the school system through its Opportunity School affords "problem or disruptive students" opportunity to reacclimate themselves through the process by attending the Opportunity School which provides a different setting. For example, the classroom setting is very individualistic and the number of students range from eight to twelve. Special vocational programs are offered and the pupil to counselor ratio is greater in the Opportunity School. For these reasons, and based on the fact that the Respondent has afforded Petitioner numerous occasions within which he was allowed to correct his disruptive pattern while attending the Miami Springs Junior High School, I shall recommend that the Respondent's reassignment of him to the Jan Mann Opportunity School be upheld.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is hereby recommended that the petition filed herein be dismissed. DONE and ORDERED this 27th day of August, 1979, in Tallahassee, Florida. COPIES FURNISHED: Richard Cecchi 331 Swallow Drive Apartment 17 Miami Springs, Florida 33166 Michael J. Neimand, Esquire Dade County School Board Lindsey Hopkins Building 1410 NE 2nd Avenue Miami, Florida 33013 JAMES E. BRADWELL Hearing Officer Division of Administrative Hearings 101 Collins Building Tallahassee, Florida 32301 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 27th day of August, 1979.
