The Issue The ultimate issue in the instant case is whether Respondent should be administratively reassigned to Petitioner's alternative education/disciplinary program at Jan Mann Opportunity School-North.
Findings Of Fact Based upon the record evidence, the Hearing Officer makes the following Findings of Fact: Norland Middle School is a public school operated by Petitioner. Respondent was previously a student at Norland Middle School. While a student at Norland Middle School, Respondent was involved in an incident in August, 1989, which caused Petitioner to initiate action to reassign him to the alternative education/disciplinary program at Jan Mann Opportunity School-North. Thereafter, in September, 1989, Respondent moved with his mother from Dade County to Broward County and enrolled at Hallandale High School, a school operated by the School District of Broward County.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is hereby RECOMMENDED that Petitioner enter a final order dismissing the instant proceedings on the ground that Respondent, as a resident of Broward County, is no longer subject to Petitioner's jurisdiction. DONE AND ENTERED in Tallahassee, Leon County, Florida, this 30th day of January, 1990. STUART M. LERNER 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 30th day of January, 1990. COPIES FURNISHED: Jaime C. Bovell, Esquire 1401 Ponce de Leon Boulevard Coral Gables, Florida 33134 Virginia Timmons 103 Northeast 185th Terrace Miami, Florida 33179 Madelyn P. Schere, Esquire Assistant School Board Attorney 1450 Northeast Second Avenue Miami, Florida 33132 Russell W. Wheatley, Assistant Superintendent Office of Alternative Education 1450 Northeast Second Avenue Miami, Florida 33132 Honorable Betty Castor Commissioner of Education The Capitol Tallahassee, Florida 32399-0400
The Issue By letter dated December 17, 1984, Petitioner, School Board of Dade County, advised the mother of Respondent, Torrey Sherwin Davis, that Respondent was being administratively assigned to an educational alternative program at Jann-Mann Opportunity School- North effective upon receipt of the letter because of Respondent's "disruption of the educational process in the regular school program and failure to adjust to the regular school program." Thereafter, Respondent's mother timely requested a hearing to contest this assignment.
Findings Of Fact At all times relevant thereto, Respondent, Torrey Sherwin Davis (Torrey), was a sixth grader at Rainbow Park Elementary School in Dade County, Florida, during school year 1984-85. The school is under the jurisdiction of Petitioner, School Board of Dade County. While attending Rainbow Park, Torrey exhibited disruptive behavior on a number of occasions. The dates of such behavior and a detailed description of the same are set forth in detail in Petitioner's exhibit 1 received in evidence. They include pushing, hitting and biting other students both in and out of the classroom, yelling and disrupting classes during periods of instruction, being rude and disrespectful to teachers, and "feeling" female students. Torrey has been repeatedly counseled by teaching personnel regarding his conduct, and at least two or three teacher-parent conferences were held by school officials with Torrey's father. This counseling failed to produce a change in his behavior. Respondent's conduct become so disruptive by December, 1984, that Torrey was unable to function properly in a normal school environment. After a careful assessment of his academic progress and behavior by school officials, Petitioner reassigned Torrey on December 17, 1984, to Jann-Mann Opportunity School- North effective immediately. He has remained there since that time. Although Respondent's mother contended that Torrey was "picked on" by his teacher, periodic monitoring of Torrey's classes by the school's assistant principal dispelled the validity of this claim.
Recommendation Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED that a Final Order be entered determining that Respondent be placed in an educational alternative program. DONE and ORDERED this 8th day of August, 1985, in Tallahassee, Florida. DONALD R. ALEXANDER 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 Administrative Hearings this 8th day of August, 1985. COPIES FURNISHED: Ms. Mary Davis 1500 N.W. 154th Street Opa Locka, Florida 33054 Mark A. Valentine, Esq. Suite 800, 3000 Executive Plaza 3050 Biscayne Boulevard Miami, Florida 33137
Findings Of Fact Otis J. Clayton was a student at Nautilus Junior High School during the 1983-84 and 1984-85 school years. He attended Miami Beach Senior High School during the 1985-86 school year until his assignment to the alternative school. While at Nautilus, Clayton had an extensive history of disruptive behavior in class. During the 1983-84 school year, Clayton consistently, regularly and persistently disrupted class by yelling, using abusive language to others including teachers and students, hitting other students, talking and playing in class, and defying authority. He was counseled and disciplined and conferences were held with his mother. Despite constant assistance by the school, Clayton did not change his disruptive behavior. He was finally suspended on June 6, 1984. In addition to his disruptive behavior, Clayton was disinterested and unsuccessful as evidenced by his excessive absences and skipping class. His absences in various classes ranged from 16 to 26 for the 1983-84 school year. During the 1984-85 school year, Clayton's disruptive behavior continued. On February 21, 1985, Clayton was suspended for five days as a result of his disruptive behavior, defiance of school authority and fighting. Again on March 1, 1985, Clayton was disciplined for fighting. Clayton was disciplined and counseled regarding his continuous disruption and defiance in class on March 20, 1885. On March 29, 1985, Clayton was placed on indoor suspension for five days for his repeated disruption, defiance and use of provocative language. Clayton was disciplined on April 2, 1985, for his disruptive behavior and for picking on other students. He was placed on a five day outdoor suspension on April 23, 1985, for his repeated disruption of class, defiance of school authority and assault. Finally, Clayton was again suspended for five days on May 13, 1985, for his repeated disruptive behavior and defiance. Clayton had been hitting other students. During the 1984-85 school year Clayton's absences and skipping class had also increased. He had a cumulative absence total of 34 and a record of absences in various classes ranging from 22 to 71. Clayton began attending Miami Beach Senior High School for the 1985-86 school year. His misbehavior and absenteeism continued. On October 17, 1985, Clayton was disciplined for excessive tardiness. On October 23, 1985, he was again disciplined for excessive tardiness and excessive absences. He was suspended for five days on October 25, 1985 for his general disruptive behavior, defiance, excessive tardiness, refusal to serve detention and refusal to serve an indoor suspension. Finally, on November 4, 1985, Clayton was suspended for 10 days for disruptive behavior, defiance, and excessive tardiness and absences. He had been absent 25 days during the first grading period and he had received grades of F in all classes. On November 5, 1985, the parent was informed by letter that Clayton was being referred to the alternative school program. Because Clayton is an exceptional student, an educational placement staffing conference was held on November 8, 1985. During that staffing a new Individual Educational Plan (IEP) was developed which included placement in the opportunity school at Douglas MacArthur Senior High School-North. Clayton's mother was present at the staffing and signed the IEP approving Clayton's placement at MacArthur.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the School Board of Dade County enter a Final Order assigning Otis J. Clayton to the alternative school program at Douglas MacArthur Senior High School-North. DONE AND ENTERED, this 7th day of March, 1986, in Tallahassee, Florida. DIANE K. KIESLING, Hearing Officer Division of Administrative Hearings The Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32399 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 7th day of March, 1986. COPIES FURNISHED: Jackie Gabe, Esquire 3050 Biscayne Boulevard Suite 800 Miami, Florida 33137 Mrs. Martha C. Donalds 1558 Northwest 1st Avenue Miami, Florida 33139 Dr. Leonard Britton Superintendent of Schools Dade County Public Schools Board of Administration Building 1450 Northeast Second Avenue Miami, Florida 33132 Ms. Maeva Hipps School Board Clerk 1450 N. E. 2nd Avenue Miami, Florida 33132
The Issue Whether or not the student, Holly Jean Vollick, should be assigned to Jan Mann Opportunity School North, an alternative educational program. Petitioner presented the oral testimony of Mr. Murray, and had introduced in evidence Petitioner's documentary exhibits P1- 4 and P6. P-5, marked for identification, was not admitted. Respondent's mother testified on her behalf and not exhibits were offered by Respondent. No transcript was provided and no proposed findings of fact or conclusions of law were timely filed by any party.
Findings Of Fact Mr. Murray is the Assistant Principal of North Miami Junior High School and has been for eight years. He has been employed by the Dade County School Board for 24 years. He knew and observed Respondent Holly Jean Vollick curing her attendance there for the full school year of 1983-1984 and for approximately one third of the 1984-1985 school year that she attended at North Miami Junior prior to his request that she be administratively assigned to an alternative school program for "defiance of school rules." In 1983-1984 Respondent successfully passed 5 out of 6 subjects but her attendance was not satisfactory and a complaint of truancy was filed with the Department of Health and Rehabilitative Services in April, 1984. At that time, she had 16 days absent: of these, 11 were confirmed truancies. On May 9, 1984 Respondent was assigned to clean up the cafeteria due to disruptive, argumentative responses to Mr. Murray. Although there were 5 other referrals of Respondent to Mr. Murray during this period none were for behavior problems, all were for truancies. Respondent's mother came to school whenever requested and cooperated with Mr. Murray. There was, apparently due to the mother's intervention, a short term improvement in attendance toward the end of the 1983-1984 regular school term. During the 1983-1984 summer school term, Respondent voluntarily registered for summer school and "took" three courses. Because she had passed all but one of her regular courses during the regular term she only needed one course but she still registered for three. She failed all three because she failed to attend more than half of the required days. During the 1984-1985 regular term Respondent began to exhibit behavioral problems. On September 6, 1984, after school hours, a companion of Respondent's stole another student's purse, emptied it, and gave the empty purse to Respondent who left the school grounds with it. Several students were assigned detention for this incident, Respondent among them. The testimony is devoid of information concerning what knowledge Respondent had of the source of the purse or upon what basis she was ordered to detention. On September 13, 1984 Respondent was verbally abusive to a teacher, Mr. Rentz, and to Mr. Murray and was assigned detention. She did not report for detention, in defiance of the assignment. On September 19, 1984, she was again verbally "disrespectful" according to Mr. Murray's analysis, but no further details concerning the incident were provided by his testimony. On September 19, 1984, Sandra White, sewing teacher, referred Respondent to Mr. Murray for "disrespectful behavior" and Respondent was assigned a 3-day suspension. Again, no details concerning cause and effect of this incident were provided by the testimony or documentary records. On November 15, 1984, Respondent was twice referred to Mr. Murray for excessive unexcused absences and cutting class. Each time he sent her to class she did not report, in defiance of his assignment. During the first grading period of the 1984-1985 term, Respondent received failing grades in all six of her subjects and was absent 13 times in one class and 27 times in another. Respondent's mother, Claudia Moss, disputes none of the above facts but maintains that during this period Respondent was living with a guardian and the relationship was not satisfactory. Respondent is now living with her mother who represents she is better able to discipline her daughter and ensure regular class attendance.
Recommendation Upon consideration of the foregoing, it is RECOMMENDED: That Petitioner enter its Final Order affirming the assignment of Respondent to Jan Mann Opportunity School North, an alternative school placement. DONE and ORDERED this 16th day of December, 1985, in 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 16th day of December, 1985. COPIES FURNISHED: Honorable Ralph D. Turlington Commissioner of Education The Capitol Tallahassee, Florida 32301 Dr. Leonard Britton Superintendent of Schools Dade County Public Schools Board Administration Building 1450 NE 2nd Avenue Miami, Florida 33132 Phyllis O. Douglas, Esquire Dade County Public Schools Board Administration Building 1450 NE 2nd Avenue Miami, Florida 33132 Frank R. Harder, Esquire Twin Oaks Building Suite 100 2780 Galloway Road Miami, Florida 33165 Mrs. Claudia Moss 1522 NE 111 Street, No. 4 North Miami, Florida 33161 Ms. Maeva Hipps School Board Clerk 1450 N. E. Second Avenue Suite 301 Miami, Florida 33132
The Issue At issue herein is whether or not the Respondent School Board of Dade County's reassignment of the Petitioner based on an alleged pattern of disruptive behavior in the educational program should be sustained.
Findings Of Fact Based upon my observation of the witnesses and their demeanor while testifying, the following relevant facts are found. During September, 1978, Victor John Cecchi was transferred from Miami Springs Junior High School to the Jan Mann Opportunity School North. Charles W. Bales, the principal of Miami Springs Junior High School appeared at the hearing and testified that the Petitioner was transferred based on an extensive pattern of "disruptive behavior in the educational program which deprived other students in the program of the full benefits of the educational system." According to principal Bales, the transfer to the Jan Mann Opportunity School North is one where the Opportunity School provides a more controlled atmosphere, smaller classes, more direct supervision which enables a "problem child" to get the benefits of the Dade County educational program. It is eventually the goal of the Opportunity School to reintegrate the "problem child" back into the regular school system so that he is mainstreamed back into the full academic process. During the period October 4, 1977 through the assignment in September of 1978, Petitioner had been referred to the principal's office 35 times for referrals due to disruptive behavior. Principal Bales testified in detail respecting the various incidences by the Petitioner wherein he had been involved in an extended pattern of disrupting classes, leaving the school campus without permission, engaging in altercations with other students and destroying the personal property of others. During these incidences, petitioner was at times returned to the school campus by truant officers and officers from the Miami Springs Police Department While the Petitioner, through his father, does not dispute the fact that he was referred to the principal`s office based on a pattern of disruptive behavior, Petitioner requested that his son be reconsidered for reassignment back in the normal school program at Miami Springs Junior High School. In this regard, testimony reveals that the Petitioner has attended the Jan Mann Opportunity School for a total of only three days since his reassignment to the center. Testimony reveals further that the school system through its Opportunity School affords "problem or disruptive students" opportunity to reacclimate themselves through the process by attending the Opportunity School which provides a different setting. For example, the classroom setting is very individualistic and the number of students range from eight to twelve. Special vocational programs are offered and the pupil to counselor ratio is greater in the Opportunity School. For these reasons, and based on the fact that the Respondent has afforded Petitioner numerous occasions within which he was allowed to correct his disruptive pattern while attending the Miami Springs Junior High School, I shall recommend that the Respondent's reassignment of him to the Jan Mann Opportunity School be upheld.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is hereby recommended that the petition filed herein be dismissed. DONE and ORDERED this 27th day of August, 1979, in Tallahassee, Florida. COPIES FURNISHED: Richard Cecchi 331 Swallow Drive Apartment 17 Miami Springs, Florida 33166 Michael J. Neimand, Esquire Dade County School Board Lindsey Hopkins Building 1410 NE 2nd Avenue Miami, Florida 33013 JAMES E. BRADWELL Hearing Officer Division of Administrative Hearings 101 Collins Building Tallahassee, Florida 32301 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 27th day of August, 1979.
Findings Of Fact The Respondent Nathaniel Morrow has an extensive history of disruptive behavior committed within the school system beginning in September of 1981, when the Respondent was in the seventh grade at Palmetto Junior High School. His problems have included numerous fights, continuously disrupting classes, refusing to serve detentions, using inappropriate language, wrestling in the hall and inappropriately touching a female student. Following numerous parental conferences and further attempts at discipline, the Respondent was informed that his next offense would result in a recommendation of alternative school placement. The Respondent's negative behavior reached a peak on June 9, 1983, when he attempted to extort fifty cents from another student during a physical education class. The student refused and his shirt was torn. When the Respondent objected to paying for the damage to the shirt, a fight ensued during which the student was beaten and thrown to the floor by the Respondent. A physical education teacher witnessed the fight and pulled the Respondent away from the student. Following this incident, a recommendation wad made to transfer the Respondent to J.R.E. Lee, the Youth Opportunity School South, due to his disruption of the educational process in the regular school and his failure to adjust to the regular school program.
Recommendation Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED: That Petitioner enter a Final Order assigning Nathaniel Morrow to its opportunity school. DONE and ENTERED this 30th day of November, 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 30th day of November, 1983. COPIES FURNISHED: Larry Handfield, Esquire McCRARY VALENTINE & HANDFIELD Executive Plaza, Suite 800 3050 Biscayne Boulevard Miami, Florida 33137 Mr. & Mrs. Morrow 17150 Southwest 105 Avenue Miami, Florida 33157 Dr. Leonard Britton Superintendent of Schools Dade County Public Schools Lindsey Hopkins Building 1410 Northeast Second 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 Respondent attends Thomas Jefferson Junior High School. With the exception of band class which he attends regularly and achieves high marks, his absentee rate (unexcused) is approaching 50 percent and he is receiving failing grades. He is frequently disruptive in class and disrespectful to his instructors. He regularly comes late to his classes or leaves before being excused. Petitioner has made frequent attempts to assist Respondent. All available counseling and disciplining techniques have been used without success. Respondent will be 16 years old in September and intends to withdraw from school at that time. Respondent and his mother seek his release from mandatory school attendance now so that he may begin vocational training. School officials agree that this is appropriate, but the application has not been completed due to communication problems between Mrs. Perez and Thomas Jefferson Junior High School.
Recommendation From the foregoing, it is RECOMMENDED that Petitioner enter a final order assigning Respondent to its opportunity school pending release from mandatory school attendance. 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. Sylvia Perez 460 Northwest 125 Street Miami, Florida 33168 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 Gonzalo Lazaro Carmona was a student at Miami Jackson Senior High School during the 1984-85 school year until his assignment to the alternative school. On October 31, 1984, Carmona was placed on indoor suspension for cutting class and failure to complete an assignment. Carmona was placed on indoor suspension on November 28, 1984, following three incidents in that month. He was referred for discipline on November 9, 1984, for general disruptive behavior and failure to complete an assignment; November 14, 1985, for general disruptive behavior; and November 28, 1985, for being in an unauthorized area, specifically the girls' locker room. On February 6, 1985, Carmona was placed on outdoor suspension for general disruptive behavior, defiance of school authority and assault on a teacher. Again on March 8, 1985, he was suspended for assault on a teacher. Carmona was disciplined on March 13, 1985, for general disruptive behavior, defiance of school authority, and rude and discourteous behavior. On April 2, 1985, he was reprimanded and warned for defiance, cutting class, and leaving class without permission. An outdoor suspension was given for general disruptive behavior and failure to complete an assignment on April 25, 1985. Finally, on May 17, 1985, Carmona assaulted a teacher, Ms. Sweats, in the classroom. Carmona was being disruptive in class. Ms. Sweats tried to reprimand him. Carmona then made a fist, used profanity, and threatened the teacher. Carmona was placed on a ten-day outdoor suspension. It was also recommended that Carmona be reassigned to the alternative school program. While enrolled at Miami Jackson, Carmona was not successful academically. His final grades for the 1984-85 school year were C (Math), F (Personal Fitness), F (Biology), C (Arts and Crafts), F (Life Management), and F (Fundamentals CM2). At various times during the school year, Carmona was counseled regarding his failure to complete assignments and he was given an academic advisement conference. Despite these efforts by the school personnel, Carmona failed to put forth effort to improve his academic performance, as evidenced by his effort ratings of 3 in all the classes he failed. Carmona's mother signed a request for transfer to the opportunity school program on March 14, 1985. However, she is unable to read English and did not fully understand the importance of signing the request. She intended that the request be used to scare her son into improving his behavior. The recommendation to assign Carmona to the alternative school was based on his history of disruptive behavior and his lack of academic success, and not on the request his mother signed.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the School Board of Dade County enter a Final Order assigning Gonzalo Lazaro Carmona to the alternative school program at Douglas MacArthur senior High School - North. DONE and ORDERED this 26th day of September, 1985, in Tallahassee, Florida. DIANE K. KIESLING, Hearing Officer Division of Administrative Hearings The Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32301 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 26th day of September, 1985. COPIES FURNISHED: Jackie Gabe, Esquire Suite 800, 300 Executive Plaza 3050 Biscayne Blvd. Miami, Florida 33137 Mrs. Caridad Cabrera 2025 NW 28 Street Miami, Florida 33142 Dr. Leonard Britton Superintendent of Schools School Board of Dade County 1450 NE Second Avenue Miami, Florida 33132 Ms. Maeva Hipps School Board Clerk Dade County Public Schools 1410 NE Second Avenue Miami, Florida 33132
Findings Of Fact 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
