The Issue Whether the Respondent should be reassigned to the Opportunity School.
Findings Of Fact Raul Lopez entered the Dade County Public Schools in 1980 and was enrolled in the fifth grade. He repeated the fifth grade once, passed the sixth grade, and, in the 1984-85 school year, was repeating seventh grade. When Raul entered the Dade County school system he did not know the English language and was enrolled in a special program called English for Speakers of Other Languages (ESOL). He remained in the program for three years. Raul received no bilingual educational services from the school system after the first three years. Raul Lopez entered Palm Springs Junior High School on September 7, 1984, and was recommended for alternative school on January 18, 1985. During the time Raul was at Palm Springs, he was referred to the office for disciplinary reasons on eight different occasions. Assistant Principal Long's testimony was the only evidence presented by Petitioner to show that Raul had a record of disruptive behavior. However, Mr. Long's testimony was not credible and, for the most part, was uncorroborated hearsay. Mr. Long had no personal knowledge of any of the incidents which caused Raul's disciplinary referrals, and could not provide any information, other than speculation, as to what had actually happened to cause each referral. Mr. Long explained that, when a disciplinary problem occurs, the teacher or staff person involved fills out a referral, setting forth the details of the incident. The assistant principal to whom the matter is referred then prepares a computer card on the incident, fitting the behavior that occurred into one or more of the available categories, such as "general disruptive behavior." Mr. Long's testimony regarding Raul's behavior came directly from a computer print-out. It was clear that Mr. Long had no independent recollection of any of the incidents. From the computer print out, Mr. Long testified that Raul received the following referrals: DATE REASON FOR REFERRAL 10/9/84 general disruptive behavior 10/16/84 defiance of school authority; dress code violations; rude and discourteous (Mr. Long stated that Raul may have had his shirttail out or not worn socks) 10/30/84 general disruptive behavior; rude and discourteous; no school materials (Mr. Long explained that Raul didn't have his books or didn't have his P.E. uniform) 11/1/84 excessive tardiness; rude and discourteous 11/13/84 general disruptive behavior; didn't complete class assignment 11/21/84 unauthorized location; no school materials 12/10/84 excessive tardiness; general disruptive behavior; rude and discourteous 1/11/85 general disruptive behavior; assault (Mr. Long stated that he knew nothing about the assault because he didn't handle the referral) Raul was placed on indoor suspension as a result of the October 9, 1984, incident, and was referred to counseling after the November 1st and November 13th incidents. Although Mr. Long stated that attempts were made to contact the parents, the only conference with the parents was on January 18, 1985, to inform them that Raul was being referred to the alternative school. Mr. Long had personal contact with Raul and found him to be defiant, hostile, and disrespectful. Raul also used obscene language. However, he also testified that he had never had problems with Raul. The evidence establishes that Raul had a very poor attendance record while attending Palm Springs. He was absent 25 days, of which 15 absences were confirmed truancies. The Dade County Public Schools Complaint of Truancy (R.Ex.-l) indicates that several conferences were held with Raul's parents concerning Raul's excessive absences; however, the visiting teacher could not remember whether he actually made contact with Raul's parents or merely went to Raul's home and left a message that Raul was truant, and Mr. Long's testimony concerning parent conferences was inconclusive. Several letters were sent to the home regarding Raul's non-attendance. Mrs. Lopez testified that the only contact she had with school personnel was on January 18, 1985. Raul has not been successful academically. He had to repeat the fifth and seventh grades. After the first nine weeks at Palm Springs he received one C, two Ds, and three Fs. After the first semester the number of Fs had increased to four. Mr. Long testified that Raul was not in school often enough to receive passing grades. He also testified that the low grades were a result of Raul's behavior problem. Raul testified that he didn't go to school because he did not understand the school work. He admitted that he does not read or write very well. He stated that nobody had ever asked him why he did not like to go to school. Raul admitted that he had refused to "dress out" for physical education class. Mr. Long did not know why Raul failed to attend school, but stated that every effort was exhausted at Palm Springs to correct Raul's problems. He felt that Palm Springs simply could not meet Raul's needs. The counselor at the school requests testing for exceptional education, and although Raul had been sent to the counselor, Mr. Long did not know whether the counselor had requested exceptional education testing. Mr. Long believed that Raul was in the proper academic program.
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 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 Schoo1 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 Dr. Leonard Britton Superintendent of Schools Board Administration Building Dade County Public Schools 1410 Northeast Second Avenue Miami, Florida 33132 Honorable Ralph D. Turlington Commissioner of Education The Capitol Tallahassee, Florida 32301 Phyllis O. Douglas Assistant School Board Attorney Dade County School Board Suite 301 1450 N.E. 2nd Avenue Miami, Florida 33132
The Issue The issue is whether Everett meets the criteria for assignment to an educational alternative program. The Petitioner presented the testimony of Charles F. Thompson, assistant principal at Madison Junior High School; Ollie Yeager, guidance counselor Ben Simmons, social worker; Arline Shapiro, teacher; and Betty T. Orfly, teacher. Petitioner also had 30 exhibits admitted in evidence. Petitioner waived the filing of a transcript and proposed order.
Findings Of Fact Elizabeth Everett was a student at Madison Junior High School during the 1983-84, 1984-85 and 1985-86 school years until her assignment to the alternative school. She also attended summer school in 1984 and 1985. Everett has an extensive history of disciplinary problems. She entered school at Madison on November 14, 1983. On December 1, 1983, Everett was referred for discipline for defiance and cursing at the teacher and other students. She was placed on a 3-day indoor suspension on December 14, 1983, for defiance of school personnel. On January 12, 1984, Everett was disciplined for stealing from another student. On February 16, 1984, Everett cut class. Everett was disciplined on February 28, 1984, for disruption of the class, disrespect, defiance and excessive tardiness. Everett continued to disrupt class and was disciplined on March 7, 1984. She was placed in CSI on May 30, 1984, for disruption and defiance. On May 31, 1984, Everett was disciplined for disruption, disrespect, defiance and excessive tardiness. During summer school, Everett was disciplined for fighting in class on August 10, 1984. During the 1984-85 school year, Everett's disruptive behavior continued. On October 5, 1984, she was disciplined for popping caps in class and on October 9, 1984, she was again disciplined for disruption, disrespect and defiance. Everett was disruptive, disrespectful and defiant on November 9, 1984, and on November 27, 1984, she left class without permission. Again on January 18, 1985, Everett was disruptive, disrespectful and defiant. She was suspended on February 13, 1985, for disruption and fighting in class. On March 11, 1985, Everett entered another classroom during class and disrupted that class, and again on April 4, 1985, she disrupted another class by throwing rocks in the door at another student. Everett was abusive and disruptive on May 22, 1985. On May 31; 1985, Everett was disruptive and abusive and instigated a near fight with another student. Finally on June 5, 1985, Everett was fighting with another student and she was suspended for three days for the fight and her disruptive behavior. On September 9, 1985, Everett was removed from class after her disruptive behavior. On September 13, 1985, Everett was suspended for 10 days for causing a major disruption and battery on another student. Throughout the time she attended Madison, Everett was counseled, conferences were held with her parents, and warnings were given. Everett was referred to outside agencies for assistance. She was seen regularly by Youth and Family Services and assistance was provided to both Everett and her family. None of these measures were effective in modifying Everett's disruptive and aggressive behavior. Everett's behavior problems prevented her from succeeding academically. Even though she attended seventh grade for the 1983-84 and 1984-85 school years and summer school in 1984 and 1985, Everett has failed to passed enough classes and earn enough credits to be promoted to the eighth grade. In the 1983-84 school year Everett passed only two classes with a D and one with a C. She earned three credits. In summer school, 1984, she passed only two classes and earned 1.5 credits. In 1984-1985, Everett earned 4 credits with grades of C and D. In summer, 1985, she failed all classes.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the School Board of Dade County enter a Final Order assigning Elizabeth Everett to the alternative school program at Jan Mann Opportunity School-North. DONE and ENTERED this 7th day of March, 1986, in Tallahassee, Florida. DIANE K. KIESLING, Hearing Officer Division of Administrative Hearings The Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32301 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 7th day of March, 1986. COPIES FURNISHED: Jackie Gabe, Esquire 3050 Biscayne Boulevard Suite 800 Miami, Florida 33137 Mr. Jeffery Everett 9000 Northwest 35 Court Miami, Florida 33147 Dr. Leonard Britton Superintendent of Schools Dade County Public Schools Board Administration Building 1450 Northeast Second Avenue Miami, Florida 33132 Ms. Maeva Hipps School Board Clerk 1450 N. E. 2nd Avenue Miami, Florida 33132
Findings Of Fact During the 1985-86 school year, Respondent Francisco Gutierrez was a student in the eighth grade at Rockway Junior High School. Respondent was suspended a total of 38 days during the 1985-86 school year as a result of his defiant and disruptive behavior. Between November 1985 and April 1986 fourteen Student Case Management Referral Forms were written regarding Respondent's behavior by six different teachers. These complaints concerned Respondent's refusal to abide by school rules and involved such conduct as repeatedly refusing to serve detentions, refusal to work in class, preventing other students from working, refusing to sit or stand where instructed to by various teachers, refusal to refrain from talking with other students after being directed to stop talking, playing tackle football, refusal to "dress out" in his physical education class, "blasting" the foghorn during his physical education class, and throwing paper in the classroom. These various incidents resulted in Respondent's numerous indoor and outdoor suspensions. By the end of the third grading period during the 1985-86 school year, Respondent's grades were F3F in Art, D3F in Industrial Education, C2C in Physical Education, F3F in Mathematics, F3F in Language Arts, and F3C in Social Studies. Respondent's only passing grade of "C" in Physical Education was given to him by a teacher who had just taken over teaching that class two weeks earlier. Several conferences with Respondent's parents were held by school personnel during the school year. At those conferences it was learned that Respondent intended to fail in school so that when he was eventually promoted to Coral Park Senior High School, he would be older and physically more mature than others in his class and he would, therefore, be able to excel in sports. Respondent's plan is condoned by his father, and, accordingly, conferences with the parents in an effort to help Respondent were exercises in futility. In April 1986 a conference was held at Rockway Junior High School which culminated in the recommendation that Respondent be transferred into the educational alternative program at J. R. E. Lee which offers smaller classes, behavioral modification, and full-time psychologists. Respondent's own therapist agrees that Respondent is disruptive and disinterested in school and that Respondent could benefit from a more structured educational program.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is, RECOMMENDED that a Final Order be entered assigning Respondent Francisco Gutierrez to the educational alternative program at J. R. E. Lee until such time as his performance reveals that he can be returned to the regular school program. DONE and RECOMMENDED this 9th day of September, 1986, at Tallahassee, Florida. LINDA M. RIGOT, Hearing Officer Division of Administrative Hearings The Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32301 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 9th day of September, 1986. COPIES FURNISHED: Leonard Britton, Superintendent School Board of Dade County 1410 Northeast Second Avenue Miami, Florida 33132 Phyllis O. Douglas Assistant Board Attorney Dade County Public Schools 1410 Northeast Second Avenue Miami, Florida 33132 Frank R. Harder, Esquire Twin Oaks Building, Suite 100 2780 Galloway Road Miami, Florida 33165 Mr. & Mrs. Eugenio Gutierrez 9570 S.W. 28 Street Miami, Florida 33165
Findings Of Fact At all times material, Respondent Michael Eric Pose, age fifteen, was a student at West Miami Junior High School (West Miami) in Dade County, Florida. Respondent's academic performance during the 1986-1987 school year was very poor. He received the grade of "F" in every class. His grades for conduct were also mostly "Fs." In addition, he received the lowest grade for effort (3). Respondent's poor academic performance, lack of effort, and unacceptable conduct resulted in his rot being promoted to the next grade. During the first three marking periods of the 1986-1987 school year, Respondent was enrolled in Louise Johnson's math class, where he was marked absent about 58 times and late 12 times. When Respondent did attend classes he would come without materials and refused to do work when materials were provided by his teacher. He failed to complete 99 percent of his homework assignments and refused 95 percent of the time to perform any class work. On at least two occasions, Respondent was caught sleeping in class by Ms. Johnson. The grades he received in that class for academic performance, effort and conduct were "F- 3-F" (scholarship-effort-conduct). Ms. Harriet Wade, physical education teacher, also had Respondent as a student during the 1986-87 school year. In that class, he was absent 60 times and late 8 times. He refused to wear his gym clothing to the physical education class, refused to participate in games or perform exercises, and frequently engaged in activities which disrupted the class, such as talking to other students and wandering over to talk to other groups. He earned "F-3-F". Ms. Wade's normal form of discipline is to assign detentions and/or the running of laps. Respondent refused to serve either punishment on each occasion it was assigned. Respondent's mother offered as an excuse for Respondent's failure to meet the physical education requirements that he had dislocated his hip when he was four years old. However, she also stated that the surgery was deemed successful and it is clear that the proper medical excuses or records were never submitted to school personnel. There is no competent medical opinion that Michael is presently disabled from normal sports or participation in other school activities. In the same school year, Respondent was also a student of Ms. Tania Martinez-Cruz, English teacher. He was absent from her class 64 times and late 6 times. He refused to do classwork 98 percent of the time and never turned in any homework assignments. After it became apparent that Respondent would not bring materials to class, Ms. Martinez-Cruz kept materials in her classroom for him so that he would have no excuse to avoid working in her class. This method failed. Moreover, during the times he did attend class, Respondent spent 90 percent of the class period sleeping, even though she placed him in the front of the class and required him to participate in classwork as much as possible. Student Case Management Referral Forms (SCMRFs) generally reserved for serious behavior problems, were issued on Respondent's behavior by Ms. Johnson, Ms. Wade, and Ms. Martinez-Cruz due to his lack of interest in school, poor behavior, absences, and tardies. In addition, Respondent received five other SCMRFs from different teachers and/or administrators, all of whom complained of his disinterest in school and unacceptable behavior. One such complaint involved breaking in to a teacher's automobile. Because Respondent was frequently engaged in conflicts of a disruptive nature, he was suspended five times during the 1986-87 school year. Mr. Sotolongo, Assistant Principal, had numerous conversations with Respondent's mother regarding his excessive absences, poor behavior and lack of progress. However, to date the mother has not been able to improve Respondent's interest in school. After numerous attempts at counseling the mother and Respondent, a child study team report was made and conference thereon was held. This report and conference resulted in the administrative assignment of Respondent to J.R.E. Lee Opportunity School. The opinions of the Assistant Principal and the other teachers and administrators who had conferences regarding Respondent was that the more structured environment of an opportunity school would be better for him, as opposed to permitting him to remain in the regular school program where he was making no progress.
Findings Of Fact The Respondent, Robert Ressler, holds Florida Teaching Certificate No. 396920 covering the areas of social studies, history, physical education, administration and supervision, which is valid through June 30, 1991. The Respondent was employed as a teacher at the Land O'Lakes High School in the Pasco County School District from 1984 until April, 1990. The Respondent is currently 43 years of age and weighs 215 pounds. During the years of the '88-89, and '89-90 school year, he taught three mainstream classes and two alternative education classes as a part of the Alternative Education Program at Land O'Lakes High School. There were approximately 80 students in his combined classes. The Alternative Education Program was a program at Land O'Lakes High School for students that lacked motivation, were poor in attendance, were failing courses, and had low self-esteem. One evening, in February of 1989, a mainstream class student, Wes Harden, and others, vandalized the Respondent's home and van by throwing eggs at it. Subsequently, the Respondent heard rumors that Harden was the individual who vandalized his home and van. Later, when Harden came into the Respondent's class, he took him in the hallway and angrily told him that he did not ever want to see him on his property again. After class, the student, Harden, went to an administrator, Mr. Broadbelt, and reported the incident. He initially lied about his involvement in the vandalism, and alleged that Respondent threatened to break every bone in his body, and would kill him if he ever saw him around Respondent's neighborhood again. The next day, Respondent discussed the incident with Assistant Principal Broadbelt, and no disciplinary action was taken against Respondent following this event. In August, 1989, just prior to the beginning of the school year, teacher, Viginia Lupo, complained that she had a disagreement with Respondent, and that Ressler showed disapproval toward her and the school administrators. Ressler went to Ms. Lupo's classroom to retrieve some world history textbooks. Lupo first denied that she had the textbooks, but after searching, she found them. Lupo admitted that she had mixed up Mr. Ressler with Mr. Russell, and thought that she had already given the books away. During this episode, Respondent became angry, loud, and excited, but did not degrade her. In October, 1989 at an open house for Alternative Education parents, Ressler became angry and raised his voice toward Virginia Lupo for allowing students to sit on the desks and the floor in his classroom. Lupo was upset by Respondent's conduct. Lupo complained to two school administrators regarding Respondent's conduct, but no disciplinary action was initiated against Respondent. On October 17, 1989, Respondent brought a student, Michael Moore, into Assistant Principal Carolyn Fabal's office, for extreme misbehavior, including spitting, throwing food, and making obscene gestures toward him. Respondent had written up disciplinary referrals several times on Michael Moore prior to this incident, and the student had previously been suspended, and otherwise disciplined on grounds of defiance of authority and misconduct. While in Carolyn Fabal's office, Michael Moore raised his voice, and was extremely angry. Respondent was also angry, and raised his voice in order to be heard over the student and inform Fabal about what happened. During the course of this incident, Respondent demonstrated the obscene gesture which was made by Michael Moore toward him by grabbing his crotch. This was inappropriate behavior on the part of Respondent when attempting to discipline a student. Robert Ressler did not fill out disciplinary forms in connection with the Michael Moore incident on the day in question. Respondent had also complained regarding his perceived lack of support from the administration, and that he had asked for support from Ms. Fabal regarding policies in school suspensions. Shortly thereafter, Ms. Fabal wrote an informal "letter of clarification" regarding these incidents directed to Respondent which was not placed in his file. During that same school year on December 5, 1989, the Respondent attended a Land O'Lakes High School varsity girls basketball game as an assistant coach. During the game, two technical fouls were called on the opponent's head coach, and one technical on his team's head coach. At the conclusion of the game, the Respondent expressed his dissent concerning the calls made during a game by approaching one of the officials and stating that he had done a really poor job, and that both head coaches from each school felt that way. He asked the official to make sure he put his name in the score book. As a result of this exchange with the official, the principal of the school, Albert Bashaw, received a letter from Fred Rozelle, the Executive Secretary for the Florida High School Athletic Association. This letter reproached the Respondent for acts unbecoming a coach. The letter charged that, "the Respondent's conduct tended to incite the spectators and players, and showed a poor example of good sportsmanship." The letter went on to state, "under no circumstance shall a coach attempt to publicly criticize, berate, or intimidate the official which should be shown the utmost courtesy, dignity, and respect." Upon receipt of the letter, the principal discussed its contents with Mrs. Marion Ressler, the girls varsity coach. He did not talk with Respondent or give him a copy of the letter. There was no competent evidence to support these allegatoins. During the 1988-89 and 1989-90 school year, the Respondent frequently allowed the students in his Alternative Education classroom to use inappropriate language; to-wit, cursing between themselves and occasionally between himself and his students. Respondent did not encourage inappropriate language in his classroom, and did reprimand and write-up students who swore excessively. Respondent tried to handle the problem himself by either talking it through, or by using humor. The Administrator at Land O'Lakes High School received some complaints from parents and students regarding the Respondent's use of vulgar language in the classroom. During the 1988-89 school year, an Administrator, Peter Kennedy, at Land O'Lakes gave him a written warning which the Respondent signed regarding his inappropriate use of language when he brought a student to the office for discipline. The administration of Land O'Lakes High School never made any mention of these allegations concerning the use of profanity or inappropriate language in Respondent's evaluations. An Alternative Education class requires informality. Foul language may sometimes be overlooked, since the goal is to get these students, who are disinterested and disruptive, to stay in school and learn. Behavior, not language, is the appropriate focus of the Alternative Education classroom. During the 1988-89 school year, Respondent became angry and began shouting when he caught two EH students using the back of the school to go back and forth between classes. An EH teacher, Ms. Monique Vinski, had received permission for her students to pass behind the school. Because the Administration had a general rule which prohibited students from going in this area between classes, Respondent did not accept her statement that the students had permission to use that route and was visibly angry. Ms. Vinski was subsequently told by the Administration to take her students through the hallway. Respondent was never formally or informally disciplined for this event, nor was there any record of the event in his personnel file. During the same period of time, Respondent stopped another emotionally handicapped student for being in an inappropriate area. Respondent became very angry, and was shouting at the student. During the '89-90 school year at Land O'Lakes, the Respondent had in his class an Alternative Education student by the name of Billy Eviston. During a discussion on racism and abortion, in American History class, Eviston expressed an opinion that was opposed by the Respondent. Whereupon the student felt that Respondent had demeaned him, and he reported his recollection of the event to the Administration. No disciplinary action was taken for this incident. During the 1989-90 school year, Sgt. Richard Thiel, who was a recruiter in the National Guard, taught employability skills classes at the different high schools in Pasco County. Sgt. Thiel had scheduled months in advance a classroom presentation to several classes, including Respondent's class, through the Occupational Specialist, Woody Wall. Thiel and his assistant walked into Respondent's class in civilian clothes, pushing a cart with a movie projector on it. He did not identify himself. Upon the Sgt.'s entry into the classroom, the Respondent said he did not know who Sgt. Thiel was, and that he was expecting Woody Wall to teach the class. Whereupon Respondent exited the classroom in a futile search to find Wall. Thiel felt that Respondent's attitude toward him was very arrogant and he decided he would not teach the class that day. He and his assistant left Respondent's classroom prior to the return of Respondent. There was no altercation between Respondent and the Sgt. and his assistant. No disciplinary action was taken in connection with this incident. In March of 1990, an Alternative Education student, Terekita Brown, date of birth, 9/2/72, was in the Respondent's 10th grade class. She was a disruptive student, who had a history of poor grades, high absenteeism, and disruptive and rude behavior. Brown came late to class with an admit slip for readmittance into the ecology class which she gave to the Respondent, who questioned it's authenticity. Miss Brown became angry and responded by saying "fuck you." When other students became agitated with her, she swore at the other students as well, and made vulgar comments to Respondent about his wife, and continued to repeat "fuck you" in a loud and angry manner. Finally, to diffuse the situation, Respondent tried to use humor and said to Brown, "right here in front of the class?". Respondent did not return profanity toward Brown, or the students that day. The mood in the room was laughter, and Brown was also laughing concerning the interchange. When the class quieted down, Respondent taught the remainder of the class, and Terekita Brown finished out the remainder of the class without incident. The entire incident lasted between two to five minutes. Following the class, the incident was reported to the Administration who assigned James Davis, Director of Instructional Employees Relations to investigate. Davis concluded the Respondent did not call Brown a prostitute directly, but did so by implication, and should be disciplined. The method used by Respondent to diffuse the Brown situation was an acceptable technique in alternative education. Each assessment evaluation for the period of 1984 to 1990 rated Respondent as a very satisfactory teacher. The March 7, 1990 evaluation, performed by an assistant principal and signed by the principal, classified Respondent "as a very fine teacher and a credit to Land O'Lakes High." On or about April 4, 1990, the Respondent was suspended without pay by the District School Board of Pasco County. On or about May 2, 1990, the Respondent's employment contract with the District was terminated as a result of their finding of misconduct in office, gross insubordination, and neglect of duty.
Recommendation Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED that a Final Order be issued finding that Robert Ressler did not violate the provisions of Sections 231.262(6) and 231.28(1), Florida Statutes, and Rule 6B-1.006(5), Florida Administrative Code, but did violate Rule 6B-1.006(3), Florida Administrative Code, due to his loss of temper. It is further RECOMMENDED that a Final Order be issued reprimanding Respondent for the above violations. DONE AND ENTERED this 20th day of November, 1991, in Tallahassee, Leon County, Florida. DANIEL M. KILBRIDE 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 20th day of November, 1991. APPENDIX The following constitutes my specific rulings, in accordance with section 120.59, Florida Statutes, on findings of fact submitted by the parties. Petitioner's proposed findings of fact. Accepted in substance: paragraphs 1,2,3,4,5,6,7 (in part), 8 (in part), 9 (in part), 10, 11, 13 (in part), 18, 19 (in part), 20, 22 (in part), 23 ( in part), 24, 25, 26, 28 (in part), 29, 30, 31, 32, 33 (in part), 34, 35, 37, 38, 42, 43, 46, 47, 49, 54, 56 Rejected as against the greater weight of evidence or irrelevant: paragraphs 7(in part), 8(in part), 9(in part), 12, 13(in part), 14, 15, 16, 17, 21, 22 (in part), 23 (in part), 27, 28 (in part), 33 (in part), 36, 39, 40, 41, 44, 45, 48, 50, 51, 52, 53, 55 Rejected as subsumed or conclusions of law: paragraphs 57, 58, 59, 60, 61, 62, 63, 64, 65 Respondent's proposed findings of fact. Accepted in substance: paragraphs 1,2,3,4,5,6,9 (in part), 11, 12, 13, 14, 16, 18, 20, 21, 22, 23, 24, 25, 27 (in part), 29, 30, 32, 33 (in part), 34 (in part), 36, 37 (in part), 39, 41, 42 (in part), 43, 44, 45 46 (in part), 47, 48, 56, 58, 59, 60, 61 (in part), 62, 63 Rejected as subsumed, irrelevant or argument: paragraphs 7, 8, 9 (in part), 10, 15, 17, 19, 26, 27 (in part), 28, 31, 33 (in part), 34 (in part), 35, 38, 40, 46 (in part), 49, 50, 51, 52, 53, 54, 55, 57, 61 (in part), 64, 65 Copies furnished: Lane Burnett, Esquire 331 E. Union Street, Ste #2 Jacksonville, Florida 32203 Lorna Sills Katica, Esquire 1950 NCNB Plaza 400 N. Ashley Drive Tampa, Florida 33602 Karen Barr Wilde Executive Director 301 Florida Education Center 325 West Gaines Street Tallahassee, Florida 32399-0400 Jerry Moore, Administrator Professional Practices Services 352 Florida Education Center 325 West Gaines Street Tallahassee, Florida 32399-0400
Findings Of Fact Allan Bonilla, currently Principal of Riviera Junior High School, was one of at least two assistant principals who attempted to work with Venus Tara Rodriguez during her 7th grade experience there in the 1984-1985 regular school year. He has been employed four years at that facility. Immediately prior to the winter vacation (commonly known as the extended Christmas holidays), on December 20, 1984, Venus left the campus without prior permission, this activity resulted in a two-day indoor suspension. In February, 1985, she received a three-day indoor suspension as the result of tardiness which culminated in an outdoor suspension the same month because her behavior at the three-day indoor suspension was so disruptive that it was deemed ineffective for her and the other students. In March, 1985, her rude and disruptive classroom behavior resulted in two indoor suspensions. In April 1985, as a result of her refusal to work during the last indoor suspension, she was assigned an outdoor suspension. Mr. Bonilla did not work with Venus as regularly as another assistant principal who was not available for hearing, but he expressed personal knowledge of the foregoing events and had interacted with Venus on several occasions for being out of class and boisterous. His assessment was that Venus could do the work required of her but that her behavior was so disruptive in the classroom that at the conclusion of the regular 1984-1985 school year she was failing two out of six subjects and was doing approximately "D" work in the rest. He agreed with the decision to assign her to an alternative school program, which decision was made because of Venus' need of individual attention and smaller class due to her habit of "acting out" in large groups. Venus' parents were contacted concerning each suspension. Mr. Bonilla testified that Venus has successfully finished 7th grade during the 1985 summer school session at GRE Lee opportunity School and he has received notice she will be reassigned and enrolled at Riviera Junior High School for the 1985-1986 school year commencing in September 1985.
Recommendation Upon the foregoing findings of fact and conclusions of law, it is recommended that the School Board enter a final order returning Venus Tara Rodriguez to Riviera Junior High School. DONE AND ORDERED this 29th day of August, 1985, at Tallahassee, Florida. ELLA JANE P. DAVIS, Hearing Officer Division of Administrative Hearings The Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32301 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 29th day of August, 1985. COPIES FURNISHED: Phyllis O. Douglas, Esquire 1410 N. E. Second Avenue Miami, Florida 33132 Madelyn P. Schere, Esquire Dade County Public Schools Board Administration Building 1410 N. E. Second Avenue Miami, Florida 33132 Mark A. Valentine, Esquire 3050 Biscayne Blvd. Suite 800 Miami, Florida 33137-4198 Ms. Wilhelmina A. Rodriguez 4110 S. W. 104th Place Miami, Florida 33165 Dr. Leonard Britton Superintendent of Schools Dade County Public Schools 1510 N. E. Second Avenue Miami, Florida 33132
Findings Of Fact At all times material hereto, Respondent, Anthony George Fields, was a student enrolled in the public school system in Dade County, Florida. Since the 1979-1980 school year the Respondent has been enrolled at various times at either Centennial Junior High School or Cutler Ridge Junior High School in Dade County. During that period of time Respondent has been placed on either indoor, outdoor or bus suspension 14 times, totaling 57 days. The causes of Respondent's suspensions have been disruptive and defiant behavior, fighting in the classroom, possession of a knife, profanity, kicking another student, punching holes in the seat of a bus and theft of a purse. Respondent has been seen by his grade-level counselor a total of five times as a result of referrals during the 1981-1982 school year in an attempt to deal with his inappropriate behavior. In addition, the student's class schedule has been revised, and his counselor has had conferences on several occasions with Respondent's mother. As a result of the student's disruptive behavior, as outlined above, he was administratively reassigned from Centennial Junior High School to the Youth Opportunity School- South, an alternative school placement, as of November 21, 1981. Through February 11, 1982, Respondent had been absent from class without an excuse for 45 days.
The Issue The issues for determination at the final hearing were: 1) whether the Respondent should be dismissed from employment due to incompetency; and 2) whether the conflict in the statute cited in the Notice of Charges dated November 18, 1982, and the Notice of Hearing dated June 18, 1983, constitute inadequate notice to the Respondent Muina of the charges against him. At the final hearing, Marsha Gams, a learning disability teacher at Carol City Junior High School, Rosetta Vickers, Director of Exceptional Student Education, Dade County School Board, Carol Cortes, principal at Carol City Junior High School, Karen Layland, department chairperson of the Exceptional Education Department at Carol City Junior High School and Desmond Patrick Gray, Jr., Executive Director of Personnel, Dade County School Board, testified for the Petitioner School Board. Petitioner's Exhibits 1-13 were offered and admitted into evidence. Yvonne Perez, Bargaining Agent Representative, United Teachers of Dade, Alexander Muina and Desmond Patrick Gray, Jr., testified for the Respondent. Respondent's Exhibits 1-5 were offered and admitted into evidence. Subsequent to the hearing, the Respondent requested via telephone conference call, that Respondent's Exhibit 6, the published contract between the Dade County Public Schools and the United Teachers of Dade, be admitted into evidence as a late-filed exhibit. The contract was admitted over Petitioner's objection. Proposed Recommended Orders containing findings of fact have been submitted by the parties and considered in the preparation of this Recommended Order. When the parties' findings of fact were consistent with the weight of the credible evidence introduced at final hearing, they were adopted and are reflected in this Recommended Order. To the extent that the findings were not consistent with the weight of the credible evidence, they have been either rejected, or when possible, modified to conform to the evidence. Additionally, proposed findings which were subordinate, cumulative, immaterial or unnecessary have not been adopted. On July 11, 1983, the Petitioner filed objections to the Respondent's Proposed Findings of Fact, Conclusions of Law and Recommended Penalty. Certain of the Petitioner's objections were subsequently stipulated to by the Respondent and are not in issue in this proceeding.
Findings Of Fact The Respondent Alexander Muina has been employed by the Dade County School System for approximately nine years. He initially worked with regular students, then worked as an assistant teacher with profoundly mentally handicapped students. During the 1979-80 school year, the Respondent became a permanent substitute in a class for the trainable mentally handicapped. He held this position for approximately two months and during that period received a satisfactory annual evaluation. During the 1980-81 school year the Respondent was assigned to the "ESOL" Program which is an acronym for English for Speakers of Other Languages. During this period, the Respondent taught as an itinerant teacher at three different schools each week. One of the schools the Respondent was assigned was Carol City Junior High School, where he taught on Thursdays and Fridays, as part of the Entrant Program. This was a program which was established for the approximately 13,000 children who had entered the Dade County School System during the Mariel boat lift. Mrs. Carol Cortes, principal at Carol City Junior High School, compiled the Respondent's annual evaluation for 1980-81 after consulting with the two other principals to whose schools Respondent was also assigned. At that time, Respondent received an acceptable annual evaluation from Cortes; however, Cortes had not continually observed the Respondent or had continuous direct contact with him since he was only at the school two days a week. At the close of the 1980-81 school year, the Respondent asked Cortes if there was an opening in exceptional education in which he could be placed. Toward the end of the summer a position became available in varying exceptionalities, an area in which the Respondent is certified by the State of Florida, and he accepted this position. A varying exceptionality class includes students who have three types of learning disabilities or exceptional problems, including the educable mentally handicapped, the learning disabled, and the emotionally handicapped. Although the Respondent is certified by the State of Florida to teach varying exceptionalities, during his first year instructing the class the Respondent experienced significant problems which are reflected in his evaluations of November, January and March of the 1981-82 school year. The first observation of Respondent as a varying exceptionalities teacher was done on November 5, 1981, by Carol Cortes, principal. The Respondent's overall summary rating was unacceptable in the areas of preparation and planning and classroom management. Individual Education Plans (IEPs) for each of the students were not being followed. The Respondent was not using the IEPs to develop activities for the students which would meet the goals of providing "diagnostic prescriptive teaching." Using the IEPs and the diagnostic prescriptive teaching techniques is crucial to the success of exceptional educational students. The students were not being taught according to their individual abilities, but rather were doing similar classroom work. Additionally, classroom management was lacking in that the Respondent did not formulate adequate behavior modification plans for the students who were observed talking and milling about the classroom. Following her first observation, Cortes offered assistance to Respondent, including changing his physical classroom layout and placing him with the department chairperson. This was done so that the chairperson could assist in developing the activities and plans necessary for the students and could also provide support in developing behavior modification plans. Cortes also asked the school psychologist to work with the Respondent in establishing such plans. Dr. Gorman, the assistant principal, had frequent informal observations of the Respondent in an attempt to help him with his classroom difficulties. The next formal observation of Respondent was performed by Cortes on January 20, 1983, and the overall summary rating was again unacceptable in the areas of preparation and planning, classroom management and techniques of instruction. Preparation and planning was unacceptable because the Respondent was still not following the student's IEPs. He continued to assign the same general activities to all students regardless of individual differences. His class was confused regarding their goals. Because the Respondent was not teaching toward the objectives set forth in the IEPs, the children were not achieving a minimum education experience. The Respondent was marked unacceptable in classroom management because he did not have adequate control over the students. Students were walking around the class and the class was generally noisy The work that the Respondent did with individual students was in the nature of giving directions rather than actually teaching. In order to teach it is necessary to provide students with new concepts and provide teacher input rather than simply monitor students. The Respondent was marked unacceptable in techniques of instruction because his lesson planning was deficient. He spent the majority of time in the classroom attempting to discipline students. His grade book was kept in an inappropriate manner and the students were frustrated. As a result of these problems, Cortes requested that the Respondent visit a program at Madison Junior High School which had an acceptable behavior modification program in place. The Respondent visited the program on January 26, 1982; however, no substantial improvement after the Respondent's visit was noted. The Respondent also took a reading course in late January, 1982. No significant improvement was noted following completion of that course. In January of 1982, a social studies position at Carol City Junior High School became available. Cortes offered that position to the Respondent and he could have transferred into the social studies department if he had so desired. The Respondent, however, elected to remain in the field of exceptional student instruction. At that time, Cortes felt that the Respondent was attempting to deal with his deficiencies and he should be given the opportunity to correct the problems with his class. Mrs. Vickers, Director of Exceptional Student Education for Dade County Schools, made a routine visit to Carol City Junior High School on January 27, 1982. She had heard from one of her education specialists that there were difficulties in classroom management in the Respondent's classroom. She observed that many of the students were not on task in that they walked around the classroom, talked out loud, and called the Respondent "pops". A few of the students tried to work, but the noise level in the class was so high it was disruptive. Vickers chose not to do a formal observation at that time, because she felt that there were many areas that she could not have marked acceptable. Instead, Vickers chose to do a planning session with Respondent on that same date. At the planning session, Vickers discussed with Respondent such topics as getting the students on task, bringing supplies and materials, completing assignments and doing homework. She discussed IEPs with the Respondent and the minimal skills tests that the children are administered in grades 5, 8 and 11. She explained to the Respondent how to use a grade book and examined the student's work folders. Although the folders contained significant amounts of work, the work did not correlate with the objectives on the children's IEPs. Vickers was also concerned that the Respondent was monitoring the class rather than directly instructing the students on specific skills. He did not pull individual students or groups aside for direct instruction. Vickers returned to the Respondent's classroom on February 25, 1982, in order to conduct a formal observation. At that time, Vickers gave the Respondent an unacceptable overall summary rating. She found him deficient in the categories of classroom management, techniques of instruction, assessment techniques, student-teacher relationships, and acceptable in the category of preparation and planning. She rated the Respondent unacceptable in classroom management because a serious problem existed with the management of his students who were not on task. The students were not working in an orderly fashion and the class was so loud that it distracted the class on the other side of the room. When Vickers tried to speak with the teacher in the adjoining room, the noise level in the Respondent's class prevented a successful conversation between them. Due to these problems, the Respondent's students were not receiving a minimum education experience. Children with learning disabilities are easily distracted by visual or auditory interference; this problem was occurring in Respondent's class. Vickers rated the Respondent unacceptable in techniques of instruction since he was not using the diagnostic prescriptive teaching method that is required in the Dade County School System. Respondent was not utilizing small groups to give specific help with skills, but was instead, monitoring. Vickers also rated the Respondent unacceptable in assessment techniques. Exceptional education teachers are required to do a profile on each student showing the skills that the student has met and the skills that the student needs to improve. The Respondent did not meet this requirement. Finally, Vickers found the Respondent unacceptable in student-teacher relationships since she observed that the students showed an unacceptable level of respect for the Respondent. Vickers suggested that the Respondent visit three other exceptional education teachers along with regular teachers in school. She also scheduled an assertive discipline workshop for exceptional education teachers and asked that Respondent attend. The Respondent however, did not attend the workshop. On March 25, 1982, Cortes completed Respondent's annual evaluation for 1981-82 and recommended nonreappointment. This annual evaluation took into consideration all of the observations done by administrators in the building. She found the Respondent unacceptable in the categories of preparation and planning, classroom management, and techniques of instruction. Cortes next observed the Respondent on May 17, 1982, and again gave him an overall summary rating of unacceptable. She found him unacceptable in the categories of preparation and planning and classroom management. Preparation and planning was unacceptable because the Respondent was not following the IEPs for the students. Cortes observed that the Respondent misspelled a word on the black board and the students copied his misspelling. Classroom management remained unacceptable because most of the class was not working. The Respondent continued to have difficulties controlling his students who continued to address him inappropriately by calling him "pops". As the Respondent moved from student to student, the remainder of the class was either talking or milling about the room. Respondent did not have understandable classroom rules and resultant consequences for breaking such rules. Rather than institute positive rewards for students who met the classroom criteria, his emphasis was on negative reinforcement. Following Cortes' discussion with the Respondent as to these deficiencies, she continued to see minimal improvement. It was also recommended that the Respondent visit Mrs. Layland, the department chairperson, to observe her classroom management techniques. Layland had a behavior modification plan in place and was able to work individually with each student while other students remained on task. The Respondent did visit Mrs. Layland's class but there was no significant improvement following that visit. On May 24, 1982, Cortes performed a second annual evaluation on the Respondent in which she found him unacceptable in one category, preparation and planning and acceptable in the remaining categories, but did not recommend him for reemployment. The second annual evaluation had only one unacceptable category, preparation and planning, and overall Respondent was rated unacceptable. However, the area in which the Respondent was rated unacceptable is especially important in the context of exceptional education. Preparation and planning is an important aspect of this field since planning for exceptional education students must be done on an individual basis. Additionally, the teacher has to plan what each student will be learning over a given period of time, and such planning is necessary in order to successfully instruct these students. Notwithstanding the Respondent's improvement, Cortes moved for his nonreappointment at the conclusion of the 1981-82 school year. The Respondent, however, was reappointed for the 1982-83 school year, when it was determined that the documentation upon which the nonreappointment was to be based was insufficient due to noncompliance with the existing union contract. Prior to the completion of the 1981-82 school year, the Respondent, through his area representative, Yvonne Perez, requested a transfer back into a regular classroom where the Respondent could teach Spanish or Social Studies. This was based on the Respondent's recognition that he was encountering extreme difficulties in teaching varying exceptionalities. Patrick Gray, Personnel Director for the Dade County School System, was aware of the request for a transfer on behalf of the Respondent and agreed to consider it. Gray subsequently determined not to transfer the Respondent, and reassigned him to his existing position. Following his assignment back to Carol City Junior High School, Cortes began to formally observe the Respondent. The first such observation of the 1982-83 school year occurred on September 13, 1982, less than one month after teachers had returned to school. Cortes observed the Respondent and documented an observation sheet with five attached papers. Observations performed the previous year had included only one statement. Approximately one month later, Cortes conducted another observation with four detailed attachments. The documentation provided to the Respondent in September and October of 1982 was accumulated to verify or affirm the decision which was made by Cortes in May of the prior year, to terminate the Respondent. Based on Cortes' observations of the Respondent while he was employed at Carol City Junior High School, she would not recommend him for a teaching position in any other field. According to Cortes, the Respondent is lacking the basic skills necessary to be a successful teacher. Marsha Gams, chairperson of the Exceptional Education Department at Carol City Junior High School during the 1981-82 school year and Respondent's supervisor, met with the Respondent on numerous occasions during the course of his assignment to Carol City Junior High School. Although Gams saw improvement on Respondent's part during the period that she observed him, the improvement was not significant. Based on Gams' observation of the Respondent's class, she felt that the Respondent's students were not receiving a minimum education experience since the Respondent did not have an adequate grasp of the curriculum and materials required for the learning disabled and educable mentally handicapped students. The Respondent's class eventually affected Gams' students due to the noise level which came from his adjoining class. Karen Layland, chairperson of the Exceptional Education Department at Carol City Junior High School during the 1982-83 school year, also worked with the Respondent. They had joint planning periods and spent a number of afternoons reviewing lesson plans, methods, curriculum, and matching materials to IEP objectives. According to Layland, the Respondent's basic problem was that he did not clearly understand the requirements of teaching varying exceptionalities Layland did not observe significant academic progress in the Respondent's class. The Respondent's grade book was disorganized and the materials contained in the student's folders were not appropriate for the particular students. Moreover, there was a lack of organization in his classroom in that students left class without permission. Although Layland felt that the Respondent was well intentioned, he did not have an adequate grasp of the curriculum, teaching management and behavior management that are necessary in an exceptional education setting. Even if Layland had been allowed to continue to work with the Respondent for the remainder of the school year, she did not feel that he could have been brought up to a competent level to teach varying exceptionalities during that period of time. Based on her observations, Layland believed that the Respondent's students were not receiving a minimum education experience due to the Respondent's lack of definite knowledge of methods in instructional techniques for varying exceptional students. By November, 1982, the School Board had made a determination that the school system had exhausted its remedies to raise the Respondent's performance to an acceptable level. Although the Respondent had obtained an acceptable rating from Cortes at the end of the 1982 school year, even this evaluation demonstrated a serious deficiency on Respondent's part. Additionally, during the 1981-82 school year the Respondent encountered numerous significant problems which had not been adequately remediated in order to permit him to continue teaching varying exceptionality students. The school board administration declined Perez' request that the Respondent be transferred into a regular class on the belief that the Respondent was incompetent in basic classroom instruction. However, based on the Respondent's teaching record prior to his employment at Carol City Junior High School, the Respondent encountered difficulties only when he was teaching varying exceptionalities, and in other fields, his basic skills were documented as acceptable. At all material times, the Respondent was employed as an annual contract teacher and did not hold a professional service contract.
Recommendation Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED: That a Final Order be entered by the Petitioner Dade County School Board affirming the dismissal of the Respondent. DONE and ENTERED this 26th day of September, 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 26th day of September, 1983.
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
