Findings Of Fact Alexander Harris was a student at Parkway Junior High School during the 1984-85 and 1985-86 school years until his assignment to the alternative school. He also attended summer school in 1985 For the school year 1984-85, Harris received final grades of F in four classes and C in two classes. The classes he passed were special placements in the exceptional education classes for the learning disabled in mathematics and language arts. Harris attended summer school in 1985 and received a final grade of F for the two classes he took. Harris has an extensive history of disciplinary problems. On September 13, 1984, he was referred for discipline for class disruption and refusal to do his assignment. On September 18, 1984, he was again referred for constantly causing class disruption. Three days later, on September 21, 1984, he was suspended for three days for throwing juice cartons in the cafeteria during lunch. Harris was again disciplined on October 18, 1984, for refusing to dress out for P.E. and using obscene language in speaking to the teacher. He was suspended for five days on February 11, 1985, for skipping class and running and hiding from the school administrator. On April 3, 1985, Harris was suspended for three days for fighting. Finally, on May 24, 1985, Harris was suspended for ten days and was recommended for expulsion for possession and concealment of a loaded gun on the school campus during school hours. Harris was not expelled, but the recommendation was changed to that at issue in these proceedings.
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 Alexander Harris 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: Frank R. Harder, Esquire 2780 Galloway Road (87th Avenue) Suite 100, Twin Oaks Building Miami, Florida 33165 Mrs. Essie Harris, Mother of Alexander Harris P. O. Box 2464 Miami, Florida 33055 Dr. Leonard Britton Superintendent of Schools Dade County Public Schools Board Administration Building 1450 N.E. Second Avenue Miami, Florida 33132 Mrs. Maeva Hipps 1415 N.E. 2nd Avenue Miami, Florida 33136
Findings Of Fact The Respondent holds Florida teaching certificate number 375765, covering the area of journalism. Petitioner's teaching certificate is valid through June 30, 1995. The Respondent was employed by the Gulf County School District during the school years of 1983-1984, 1988-1989, 1989-1990 and 1990-91. During the 1983-1984 school year Respondent was employed by the District on a part-time basis as a physical education instructor at the Port St. Joe Elementary School. During the 1988-1991 school years the Respondent was employed by the District as an alternative education teacher at the Port St. Joe Junior/Senior High School. The alternative education class was created to function as a dropout prevention program. The students who were placed in the alternative education program were placed in the program because the regular education system was failing them and because the students grades or attendance indicated that the student was likely to drop out of school. In general, these students lacked motivation, had poor attendance, poor attitudes and often came from homes with serious familial problems. Mr. Langston did not receive any particular training to fulfill his role as the alternative education teacher. However, he felt that a program which included aspects of the discipline and self-motivation he learned from his college and pro basketball career would be beneficial to such alternative education students. Additionally, Respondent believed that the students would not benefit from having the nastier side of life outside school glossed over, but believed frank discussions of such things as well as using outside life examples and models would help motivate alternative education students to beat the odds and overcome life's obstacles. Mr. Langston also wanted to impart to each student that he was there for them. In that regard, Mr. Langston gave each student his telephone number and had each student give him their telephone number or a number where the student could be reached. Mr. Langston would use this information to contact any student who was missing too much school in order to ascertain why and to encourage him or her to return. To his credit, even though some may disagree with some of Mr. Langston's methods as not being politically correct, Mr. Langston was very successful with his alternative education students and caused them to stay in school and improve their grades. During the 1990-91 school year at Port St. Joe Junior/Senior High School, the Respondent showed movies, such as "Die Hard", "Witness", "Platoon", and "Lean on Me". Some of the movies had themes of violence with explicit language. "Platoon" was about Vietnam and was shown during a time when the class was studying about Vietnam. "Lean On Me" was a movie about students who were similarly situated to Respondent's students and the favorable relationship they developed with the principal of the school. Both movies had educational value. The movies were generally shown for either entertainment or education as part of the class' reward system known as "recreation time". Occasionally, Respondent would also allow the students in his class to turn the television on during recreation time or other class breaks. Sometimes, during these breaks, the students elected to watch the soap operas on the television. Again these breaks were part of the reward system used in the class. There was no evidence presented at the hearing that the system was overused or substituted for teaching. Additionally, the evidence did not demonstrate that Respondent tried to hide either the movie showing or television watching from other teachers or administration personnel. An "R" rated movie is recommended to be restricted to anyone over the age of 17 years old unless they have adult supervision. The evidence did not demonstrate which of the above-listed movies were "R" rated. Admittedly, however, some of the movies may have had an "R" rating from the movie industry. The movie industry rating system was not shown to be mandatory and all of the listed movies have been shown on television with a little editing for any age viewer to watch. Indeed at least one, if not all, of these movies had been seen on television or VCR by the students who testified at the hearing and probably by most of the students in the class. In fact, the movies are so common Respondent did not check the rating of any of the movies he showed to his class, did not know what an "R" rating was and did not think to inquire whether the School Board had any rules about showing movies to eighth-grade students without prior approval from the principal and parents. At least one of the movies had been shown in another teacher's class. The School Board did have a policy which allowed the showing of "R" rated movies if approved by the Principal and parental approval was sought before airing the movie. Respondent admitted to unknowingly violating the School Board's rules since he did not ask permission to show some of the films in his class. Respondent was disciplined for this violation by the School Board as outlined later in this Recommended Order. More importantly, however, the evidence did not even remotely demonstrate that the Respondent's showing of movies or the viewing of television, either for education or entertainment, was detrimental or potentially detrimental to any student in his class in any way. Nor did the evidence show a violation of any other statute or rule governing the teaching profession. In fact, the evidence showed that the Respondent's system of rewards involving recreation time and breaks worked and served to enhance and encourage the students' performance. Therefore the charges contained in the Administrative Complaint involving the above facts should be dismissed. The Respondent, on a very few occasions, used the words "damn" and "hell" in his class. The evidence did not show that Respondent used the words "shit", "ass" or "motherfucker" in his class. When put in context, Respondent did not use the words "damn" or "hell" as swear words. Nor were they used in a foul or vulgar manner. Nor were they directed at any student or cause harm to any student. The context of the words was quite ordinary and did not violate any rules of the EPC. Therefore the charges contained in the Administrative Complaint involving Respondent's use of language should be dismissed. Because the Respondent was close to some of his students and wanted to relate to them he gave some of the students nicknames after they gave him a couple of nicknames. The nicknames were used occasionally in class but never in a derogatory manner. For example, Antoine Allen, an African-American student of Respondent, was called "Black Moses" by Respondent. Heavenly Bailey was called "bull dog" or "wally gator" by Respondent. "Black Moses" was actually a compliment and was perceived as such by Mr. Allen and those who understood the nickname's meaning. The nicknames were not considered inappropriate by either the nicknamed students or the other students in the class and were seen as terms of affection and not as terms of derogation. The evidence did not demonstrate that the nicknames used by Respondent harmed or were potentially harmful to any students in any way. The evidence did not show that any student was embarrassed or likely to be embarrassed by the nicknames. Likewise, no other violation of a statute or rule was shown by the evidence. Therefore the charges contained in the Administrative Complaint involving Respondent's use of nicknames should be dismissed. There was no evidence that Respondent slept during or in his class. Respondent did read the newspaper during his class, but only when the class was engaged in other individual activities and only to find material to use in the current affairs portion of the alternative education class. Respondent did on occasion find it necessary to leave the classroom for either a restroom break or at the request of another teacher. However, Respondent always tried to use the "buddy system" of having a teacher next door keep an eye on his classroom when he had to step out. If Respondent left the classroom with no other adults to monitor the students it was only for a few minutes at a time while the students were engaged in other activities. There was certainly nothing in the record which suggests that such behavior was improper or even comes close to violating any statute or rule governing the teaching profession. Therefore the charges contained in the Administrative Complaint involving Respondent's classroom conduct should be dismissed. Respondent separated the students in his class whose work was unsatisfactory to one side of the classroom. The section of the classroom where the students were placed whose work was unsatisfactory was called the "ghetto". The seating arrangement was used solely as a motivational tool for students to perform their school and class assignments. The evidence demonstrated that only one student was placed in the "ghetto" for a very short period of time until that student worked his or her way out. There was no evidence that the Respondent mistreated or ignored the educational needs of the one student assigned to sit in the "ghetto". Likewise, there was no evidence that the seating arrangement was made on any criteria other than performance. In short, the technique worked and served to maintain an appropriate level of performance in his class. Furthermore, the evidence did not show that any student was harmed or could be harmed in any way by Respondent's motivational technique. The evidence did not show any other violation of a statute or rule governing the teaching profession. Therefore the charges contained in the Administrative Complaint involving Respondent's classroom conduct should be dismissed. On or about March 27, 1991, Respondent received a Statement of Complaint from the Gulf County School Board for using profane language and showing unapproved and inappropriate movies to students. The complaint did not contain any specific facts regarding the charges. The complaint therefore grossly overstated the ultimate charges of misconduct (misconduct in office, gross insubordination and willful neglect of duty as defined in Section 231.36(6)(a), Florida Statutes) with which Respondent was charged. However, the charges generally involved the facts outlined above. The facts did not involve any of the facts involving the allegations of sexual misconduct related to Sabrina Warren. However, by the time of the complaint, the allegations of Ms. Warren were known and more than likely caused the eventual result discussed below even though no hearing or evidence was ever held on the Warren allegations of sexual misconduct. On April 8, 1991, Respondent was suspended with pay by the Gulf County School Board as a result of the incidents outlined in the above Findings of Fact. Respondent did not contest the underlying facts of the complaint and no hearing with appropriate evidence was held on the complaint. Therefore, on April 10, 1991, Respondent was suspended without pay for the remainder of the 1990-91 school year and his annual teaching contract with Gulf County schools was not renewed. From April 10, 1991, until sometime in September of 1991, Respondent was without employment in any school district in the State of Florida. However, the evidence did not show that Respondent was seeking employment as a teacher during this time period or that such employment was available. The evidence did show that Respondent had decided to take some time off and was not actively seeking employment. Later when Respondent did decide to return to teaching he was employed in the Levy County School System. Moreover, the evidence was clear that Respondent was an effective teacher and many of his students and parents want him to return because of the improvement he achieved with their children. There was no evidence that Respondent lost his effectiveness as a teacher because of the uncontested disciplinary action of the Gulf County School Board. Therefore the charges contained in the Administrative Complaint involving Respondent's classroom conduct should be dismissed. Around the beginning of March, 1991, the Respondent taught a student by the name of Sabrina Warren in his eighth-grade alternative education class at Port St. Joe Junior/Senior High School. Ms. Warren had been placed in the alternative education class because she was chronically and frequently absent for weeks at a time from school and other less intense interventions to improve her attendance had failed. Her grades were not good and she had an attitude that was not conducive to improvement or attendance. She had a great deal of experience in sexual matters and therefore had a considerable amount of knowledge in that regard. She also had a reputation of being untruthful and clearly embellished facts during the hearing especially when she felt that was the answer someone wanted to hear. Ms. Warren was then 13 years old at the time she was enrolled in Respondent's class and was in Respondent's class for the majority of the day but alternated class periods with Respondent's class. Upon being placed in Respondent's class, Mr. Langston gathered the biographical information including phone numbers he needed from Ms. Warren and gave her his phone number in case she needed to talk to him. Ms. Warren attempted to remind the Respondent that she had been enrolled in one of his physical education classes when she was either in first grade or kindergarten at Port St. Joe Elementary School. The Respondent had only taught such classes during the 1983-1984 school year, but did not recall teaching Ms. Warren in one of those classes. Ms. Warren indicated that she looked different from when she was in Respondent's physical education class since she had worn glasses at the time. Respondent still did not recall her being in his class and asked Ms. Warren to bring pictures of herself from that time period to his class. Ms. Warren said she would. The discussion was an ordinary discussion which occurred in front of the whole class. Respondent frequently talked to his students because he was interested in them and wanted to develop a rapport with them as well as allow the other students in the class to interact with each other. Ms. Warren brought some pictures of herself from when she was younger and wore glasses. Again the discussion occurred in front of the class. The Respondent showed the class the pictures of Sabrina Warren when she was younger. The pictures did not make an impression on anyone else in the class. However, at the hearing, Ms. Warren claimed she was embarrassed that the Respondent showed the pictures to the class. Clearly, this claim of embarrassment by Ms. Warren is not credible. There was nothing in this so-called picture incident that even suggests a person would likely be embarrassed and it is highly unlikely that Ms. Warren was embarrassed by the pictures being shown. Many of these kids had grown up together, had been in Ms. Warren's grade school class and knew she had worn glasses. Additionally, Ms. Warren's demeanor did not appear to be one of high embarrassment potential. If anything, Ms. Warren had a great need for attention. Finally, Ms. Warren's complaint about the pictures was not even raised until after she had made other more serious charges against Respondent and only serves to illustrate Ms. Warren's general lack of credibility throughout this case. Ms. Warren alleged that in March of 1991, while in the Respondent's class, the Respondent had taken Ms. Warren's notebook pad and wrote to ask permission to ask Ms. Warren some personal questions. Ms. Warren allegedly wrote back on the same pad that he could and that she did not mind. Ms. Warren allegedly then gave the notebook pad back to the Respondent. The Respondent allegedly wrote back and asked her if she ever went to bed with anybody. Ms. Warren wrote back and told him that she had been to bed with one person. Ms. Warren handed the notebook pad to the Respondent, and he wrote back asking if she enjoyed it. Ms. Warren then wrote back that it was all right. She wrote that it was all right because it was her boyfriend. The Respondent allegedly then wrote a statement on the pad that he wanted to go to bed with her. Ms. Warren claimed she was shocked and embarrassed when the Respondent wrote that he wanted to go to bed with her and she allegedly wrote back, "No." All of this note writing allegedly took place during several noncontiguous class periods with Mr. Langston or during a class break when Mr. Langston was cooking hamburgers for the class. Ms. Warren was very vague on the time period. Ms. Warren claimed that she covered the pad while she wrote on it and when the bells were ringing between class periods. She also claimed that the Respondent would keep the pad covered on his desk when he had it and wrote a note on the pad telling her not to let anybody else see the pad or see the notes. Ms. Warren claimed that the Respondent kept the notes and notebook pad and subsequently threw the notes away. She also claimed that the Respondent eventually gave her notebook pad back by way of another student. The other student did not testify at the hearing as to whether she had taken a notebook to Ms. Warren from Mr. Langston. Likewise, no other student in the class testified that they witnessed any exchange of notes between Respondent and Ms. Warren even though at least one student could have readily observed the note-passing incident if it had occurred. Importantly, on the same day Ms. Warren created the above story Mr. Langston had critiqued Ms. Warren for her continued poor attendance, admonished her to improve and informed her that if she did not he would have to report her to the main office. In her next class, Ms. Warren told her earth science teacher a somewhat but materially different story about how Mr. Langston allegedly came to show interest in her. The earth science teacher did not believe Ms. Warren but did advise Ms. Warren to tell her parents and that if she had a problem to go see the guidance counsellor. Again Ms. Warren's testimony of her conversation with the earth science teacher differed materially from the teacher's testimony and serves to highlight Ms. Warren's lack of credibility in this case. Ms. Warren did not return to school the next day and for several days thereafter. At this time, Ms. Warren was living with an Aunt on Port St. Joe beach. The Respondent called one of Ms. Warren's aunts at home and inquired as to why Ms. Warren had not returned to school. Her mother was at the hospital with her father in Tallahassee. Ms. Warren did not tell her aunt of the incident and did not inform either of her parents until approximately ten days to two weeks later and only after Ms. Warren discovered that another aunt and the aunt she was staying with were inquiring as to why she was not at school. After Ms. Warren told her mother, her mother made an appointment to talk with a child abuse investigator with the Department of Health and Rehabilitative Services (HRS), Jim Boseman. Mr. Boseman and Ms. Warren's mother informed the Superintendent of the Gulf County School Board of the alleged incident. The Superintendent of the Gulf County School Board, Walter Wilder, gave Ms. Warren permission to stay out of school until this situation was addressed and straightened out. After Mr. Langston was suspended, Ms. Warren eventually went back to school but soon became tired about everyone asking her what was going on between her and the Respondent. In reality Ms. Warren simply did not want to go to school. As a result, Ms. Warren was enrolled at Faith Christian School in Port St. Joe, Florida by her mother. She stayed at Faith Christian for a short period of time and then was enrolled in the adult school in Panama City, Florida because she was pregnant. Mr. Langston has continuously denied the note-writing incident with Sabrina Warren ever occurred and the resolution of this case involving Sabrina Warren turns on the credibility of Ms. Warren. As indicated, Ms. Warren's testimony has not been consistent with her other statements and with other witnesses in this case. Her testimony is neither reliable or credible. Therefore, the facts involving the allegations of sexual misconduct contained in the Administrative Complaint should be dismissed. In June of 1990, the Respondent was investigated by Professional Practices Services (PPS) for allegedly making inappropriate comments to students and committing acts of misconduct. On or about June 5, 1990, the Respondent and the Petitioner entered into a Deferred Prosecution Agreement. According to the Agreement, the deferral period was to last through the end of the 1990-91 school year.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is accordingly, RECOMMENDED that the Respondent be found not guilty of violating Chapter 231, Florida Statutes, or Rules 6B-1.006(3)(a), (e), and (h), Florida Administrative Code and the Administrative Complaint is dismissed. DONE AND ORDERED this 3rd day of January, 1994, in Tallahassee, Florida. DIANE CLEAVINGER, Hearing Officer Division of Administrative Hearings The Desoto Building 1230 Apalachee Parkway Tallahassee, FL 32399-1550 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 3rd day of January, 1994. APPENDIX TO DOAH CASE NO. 92-5336 The facts contained in paragraphs 1, 2, 3, 4, 5, 6, 7, 8, 10, 36, 39, 53, 55, 60, 62, 63, 64 and 65 of Petitioner's proposed findings of fact are adopted in substance insofar as material. The facts contained in paragraphs 9, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 24, 25, 26, 27, 28, 29, 30, 31, 34, 35, 37, 38, 40, 41, 42, 43, 44, 45, 46, 47, 49, 50, 51, 57 and 59 of Petitioner's proposed findings of fact are subordinate. The facts contained in paragraphs 23, 32, 33, 48, 52, 54, 56, 58 and 61 of Petitioner's proposed findings of fact were not shown by the evidence. The facts contained in paragraphs 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, second paragraph 11 12, 13, 14, 15, 16, 17, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31 and 32 of Respondent's proposed findings of fact are adopted in substance insofar as material. The facts contained in paragraphs first paragraph 11 and 18 of Respondent's proposed findings of fact are subordinate. COPIES FURNISHED: Robert J. Boyd, Esquire BOND & BOYD, P.A. 411 East College Avenue Post Office Box 26 Tallahassee, FL 32302 Dave Kundin, Esquire Post Office Box 430 Tallahassee, FL 32302 Karen B. Wilde, Executive Director Department of Education 301 Florida Education Center 325 West Gaines Street Tallahassee, FL 32399-0400 Jerry Moore, Administrator Professional Practices Services 352 Florida Education Center 325 West Gaines Street Tallahassee, FL 32399-0400
Findings Of Fact The parties stipulated that in February, 1984, while respondent was a student in the ninth grade at Westview Junior High School he punched another student in the face. As a result, respondent was required to serve a five day suspension. As a result of respondent's discussions with his mother concerning the incident, respondent wrote a letter of apology to the other student. The parties further stipulated that in March, 1984, while respondent was a student in the same school, he was involved in a fight. As a result, he was required to serve a ten day suspension. Although petitioner's attorney argued at the formal hearing that the March incident involved some type of "aggravated assault" and/or inciting to riot," petitioner failed to introduce any evidence in support of that argument or even regarding the incident itself. On the other hand, the evidence is uncontroverted that no charges were filed against respondent and no involvement with the juvenile justice system followed the March, 1984. On April 13, 1984, petitioner administratively reassigned respondent to Miami Douglas MacArthur Senior High School - North. The parties stipulated at the time of the Final Hearing in this cause that respondent's overall grades and conduct have been satisfactory throughout respondent's attendance at Miami Douglas MacArthur Senior High School - North. For the last one and a half years respondent has been voluntarily participating in a private community youth guidance program. Although that program accepts some court referrals, respondent was not referred by the courts, is a continuous participant in the program, and can remain in the program for two more years until he reaches the age of 18. Respondent attends activities conducted by that program once a week after school. His counselor, Greg Rounds, believes respondent to be a quiet person who does not belong in an alternative program school and who is more likely to become and remain rehabilitated if returned to the regular school program.
Recommendation Based upon the foregoing findings of fact and the conclusions of law, it is, therefore, RECOMMENDED THAT a Final Order be entered returning respondent to the regular school program and reversing the determination that respondent be placed or retained in an educational alternative program. DONE and RECOMMENDED this 23rd day of August, 1984, in Tallahassee, Florida. LINDA M. RIGOT, Hearing Officer Division of Administrative Hearings The Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32301 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 23rd day of August, 1984. COPIES FURNISHED: Mark A. Valentine, Esquire 3000 Executive Plaza, Suite 800 3050 Biscayne Boulevard Miami, Florida 33137 Mr. James Nealy 12315 North West 18th Place, Apt. #B Miami, Florida 33167
Findings Of Fact Respondent is a ninth grade student at North Dade Junior High School. She was born August 22, 1968. Respondent's behavior during the 1983-84 school year has been unsatisfactory and she is no longer responsive to the supervision of school officials. She was counseled or suspended on three occasions for excessive talking in class. She rejected an assignment to a special assistance classroom (C.S.I.) and refused to serve one suspension. She has cut classes and left school without permission on several occasions. A school-parent conference held December 7, 1983, produced no improvement in Respondent's disruptive behavior.
Recommendation From the foregoing, it is RECOMMENDED that Petitioner enter a final order assigning Rose Marie Farrell to its opportunity school. DONE AND ENTERED this 19th day of June, 1984, 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 19th day of June, 1984. COPIES FURNISHED: Mark Valentine, Esquire 3000 Executive Plaza 3050 Biscayne Boulevard Miami, Florida 33137 Mrs. Mary Farrell 2970 Northwest 153 Terrace Opa Locka, Florida 33054 Dr. Leonard Britton Superintendent of Schools Dade County Public Schools 1410 Northeast Second Avenue Miami, Florida 33132 Madelyn P. Schere, Esquire Assistant Board Attorney Dade County Public Schools 1410 Northeast Second Avenue Miami, Florida 33132
Findings Of Fact Julie Annette Smith was a student at Centennial Junior High School during the 1984-1985 school year. She was administratively reassigned to the Douglas MacArthur Senior High School-South, an alternative placement in the school system's opportunity school program, by letter dated November 29, 1984. On September 6, 1984, Smith was disruptive, defiant and profane in the school cafeteria. She refused to go to the principal's office and Mr. Burke was called to remove her to his office. Smith was counseled and warned regarding her misbehavior and defiance. On September 28, 1984, Smith was involved in a fight in the art classroom. On November 7, 1984, Smith was involved in a fight wherein she attacked another student. Smith continued to verbally threaten the other student after the altercation was broken up by Mr. Burke. Smith has been involved in numerous other incidents of verbal and physical abuse of school personnel and students. Her behavior repeatedly interfered with the ability of other students to receive an education.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the School Board of Dade County enter a Final Order assigning Julie Annette Smith to the alternative School program at Douglas MacArthur Senior High School-South. DONE and ENTERED this 6th day of August, 1985, in Tallahassee, Florida. DIANE K. KIESLING Hearing Officer The Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32301 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 6th day of August, 1985. COPIES FURNISHED: Mrs. Evangelene Smith Bryant Parent of Julie Annette Smith 10990 S.W. 223rd Street Miami, Florida 33170 Frank R. Harder, Esquire Assistant School Board Attorney Twin Oaks Building/Suite 100 2780 Galloway Road Miami, Florida 33165 Ms. Maeva Hipps, Clerk of the School Board of Dade County Board Administration Building 1450 N. E. Second Avenue Miami, Florida 33132 Dr. Leonard Britton Superintendent of Schools Dade County Public Schools Board Administration Building 1410 N.E. Second Avenue Miami, Florida 33132
The Issue 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 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 During the 1985-86 school year Respondent Gregory Hunter Stephens was a student in the tenth grade at Miami Sunset Senior High School. On April 18, 1986, during the lunch period Respondent drove into the faculty parking lot in his Corvette with the police following closely behind. It was determined that during his lunch break Respondent had been driving his Corvette in a nearby condominium development threatening residents and throwing beer cans on the lawns. The residents had summoned the police. An Assistant Principal held a conference with Respondent's father whose response was that the police should have better things to do than to bother his son for drinking beer and driving around during his lunch break. Respondent was given a three-day suspension. On May 22, 1986, Respondent got into a fight in class, a Group III violation of the Code of Student Conduct. A conference was held with Respondent's father, and Respondent was given a ten-day suspension. Although other informal discussions were held with Respondent's father during that school year, by the end of the third grading period Respondent's grades were one "C," one "D," and 4 "Fs." His absences from his classes during the third grading period alone ranged between 2 and 13. He received only a "3" for his effort in each and every class. During the 1985-86 school year, Respondent was absent 95 days out of the 180-day school year. On March 3, 1987, an Assistant Principal observed Respondent leaving the campus during Respondent's second-period class. He stopped Respondent and gave him a warning. A few minutes later he caught Respondent again attempting to leave. Respondent's mother was contacted, and Respondent was given a "work detail detention." On April 2, 1987, a fight broke out off campus between a group of Latin students and a group of Anglo students. On the following day Respondent admitted to an Assistant Principal that he was one of the participants. All of the students involved (including Respondent) were suspended for three days for that Group III Code violation. On October 19, 1987, Respondent was nearly involved in a collision in the parking lot. Respondent got out of his car and started pushing the other driver. A fight ensued. Respondent's parents were contacted, and he was given a ten-day suspension. By the time of the October 19th incident, Respondent had already been absent 6 days that school year. Further, although the Assistant Principal had two conferences with Respondent's father during the month of October, Respondent was receiving one "C," one "D," and five "Fs" in his classes. A Child Study Team was convened, and a meeting was held on November 3, 1987. Respondent and his parents refused to attend. The Team recommended that Respondent be transferred to Douglas MacArthur Senior High School-South, based upon the October 19, 1987, incident, his failing grades during the most-recent two years, and Respondent's chronic aggressive behavior which constituted a threat to the welfare of the other students. It was determined that Respondent required assistance a normal school could not provide and that a structured environment would be more appropriate since the educators at Miami Sunset Senior High School had unsuccessfully attempted to modify Respondent's behavior by conferences between Respondent and a counselor, meetings between Respondent's parents and assistant principals, indoor suspensions, outdoor suspensions, and work detail suspensions
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is, RECOMMENDED that a Final Order be entered assigning Respondent Gregory Hunter Stephens to the opportunity school program at Douglas MacArthur Senior High School-South until such time as his performance reveals that he can be returned to the regular school program. DONE and RECOMMENDED this 29th day of March, 1988, at Tallahassee, Florida. LINDA M. RIGOT, 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 29th day of March, 1988. COPIES FURNISHED: JOSEPH A. FERNANDEZ, SUPERINTENDENT SCHOOL BOARD OF DADE COUNTY 1410 NORTHEAST SECOND AVENUE MIAMI, FLORIDA 33132 FRANK R. HARDER, ESQUIRE 175 FONTAINEBLEAU BOULEVARD SUITE 2A-3 MIAMI, FLORIDA 33172 LANA STEPHENS 15490 S.W. 85TH LANE MIAMI, FLORIDA 33183 MADELYN P. SCHERE, ESQUIRE ASSISTANT BOARD ATTORNEY DADE COUNTY PUBLIC SCHOOLS 1410 NORTHEAST SECOND AVENUE MIAMI, FLORIDA 33132 PHYLLIS O. DOUGLAS, ESQUIRE ASSISTANT BOARD ATTORNEY DADE COUNTY PUBLIC SCHOOLS 1410 NORTHEAST SECOND AVENUE MIAMI, FLORIDA 33132
Findings Of Fact Respondent attended ninth grade from August, 1982, through June, 1983. Although she was frequently absent without excuse, she passed all of her courses except mathematics. Since it was necessary that she pass this course to be promoted, she was encouraged to attend summer school in 1983. However, she did not attend and was required to repeat the ninth grade beginning in August, 1983. Respondent's unexcused absences continued through the first semester of the 1983-84 school year and she was again failing mathematics. By letter dated January 5, 1984, Petitioner informed Respondent's parents that she had been reassigned to an alternative school. Respondent's father, who is the custodial parent, objected to this transfer. He believes Respondent was bored by the repetition of ninth grade courses she had already passed. He concedes that her unexcused absences are unacceptable but believes that he can control this problem if the school contacts him on the day of the absence rather than at some later time. Respondent was withdrawn from school in January, 1984, by her father in the belief that the alternative school environment would be harmful to her. He asks that she be allowed to attend summer school this year in an effort to make up ninth grade mathematics. This request is reasonable and it should be granted. However, if Respondent fails this course or does not attend regularly, she should be assigned to an alternative education program.
Recommendation From the foregoing, it is RECOMMENDED that Petitioner enter a Final Order determining that Respondent is eligible for placement in an educational alternative program, but withholding such assignment on the condition that she attend the 1984 summer session and satisfactorily complete ninth grade mathematics. DONE and ENTERED this 7th day of May, 1984, 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 7th day of May, 1984. COPIES FURNISHED: Mark Valentine, Esquire 3000 Executive Plaza 3050 Biscayne Boulevard Miami, Florida 33137 Mr. John Turbeville 410 N. Royal Poinciana Blvd. Apt. No. 6 Miami, Florida 33166 Madelyn P. Schere, Esquire Dade County Public Schools 1410 NE. Second Avenue Miami, Florida 33132 Dr. Leonard Britton, Superintendent Dade County Public Schools 1410 Northeast 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
