Findings Of Fact Michael Rodriguez was a student at Henry H. Filer Junior High School during the 1984-85 and 1985-86 school years until his assignment to the alternative school. During the 1984-85 school year, Rodriguez was absent about fourteen days, ten of which occurred from May 1 to June 18, 1985. School began for the 1985-86 school year on September 4, 1985. During the first month and one-half, Rodriguez was absent eight days. On September 18, 23, and 30, 1985, Rodriguez was counseled and referred to the visiting teacher for cutting class and excessive absences. A formal complaint of truancy was filed on September 30, 1985. Rodriguez has shown that he will not attend school regularly and was counseled regarding his refusal to attend school. Additionally, when Rodriguez came to school, he left without administrative authority on several occasions. When Rodriguez attended school, he was able to perform at an acceptable level. As a result of his repeated truancy during the latter part of the 1984-85 school year, he received final grades of F in Science, D in Physical Education, C in Social Studies, D in Language Arts, F in Mathematics, and C in Shop. Rodriguez was retained in the seventh grade. He also received numerous effort grades of 3, which means he was making little or no effort in his studies. On February 26, 1985, Rodriguez was disciplined for fighting. On September 8, 1985, he was reprimanded for general disruptive behavior. As mentioned earlier, he was disciplined and counseled on September 18, 1985, for cutting class and excessive absences. On October 3, 1985, Rodriguez was placed on a three-day outdoor suspension for defiance of school authority and leaving class without permission. Rodriguez was counseled on several occasions regarding his truancy, lack, of effort and failing grades. His mother was also contacted and participated in a conference. A Child Study Team Conference was also held in which it was determined that Rodriguez has no learning disability and his failure is due to lack of effort and truancy.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the School Board of Dade County enter a Final Order assigning Michael Rodriguez to the alternative school program at Jan Mann Opportunity School-North. DONE and ORDERED this 19th day of February, 1986, in Tallahassee, Florida. DIANE K. KIESLING, Hearing Officer Division of Administrative Hearings The Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32399 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 19th day of February, 1986. COPIES FURNISHED: Sheila Rodriguez 610 West 35th Street Hialeah, Florida 33012 Frank R. Harder, Esquire Twin Oaks Building Suite 100 2780 Galloway Road Miami, Florida 33165 Dr. Leonard Britton Superintendent of Schools Dade County Public Schools Board Administration Building 1450 N.E. Second Avenue Miami, Florida 33132 Mrs. Maeva Hipps 1415 N.E. 2nd Avenue Miami, Florida 33136
Findings Of Fact Based upon the evidence presented at hearing, the following facts are determined: I.B. ("student"), daughter of Petitioners, was a seventh grade student attending Henry H. Filer Junior High Community School prior to placement (which is here being challenged) in the educational alternative program located at Jan Mann Opportunity School. (Testimony of Eliot M. Berman) Between September 4, and December 30, 1979, the student engaged in frequent behavior at Filer Junior High which disrupted the classroom environment. Specific instances of reported disruptive behavior occurred on or about September 5, 27, October 5, 9, 10, 11, November 29, December 3, 10, and 30, 1979. Usually her behavior involved physical or verbal hostility toward her teachers and other students. Each incident was followed by conferences with the student's parents, vice principal, or guidance counselor. Between September 5, 1979, and December 30, 1979, 9 parental and 8 counselor conferences were held in an effort to modify the student's disruptive behavior pattern. The student is an aggressive child who becomes easily frustrated in a regular classroom environment, frequently rebels against authority, exhibits hostility toward and argues with her peers and engages in disruptive behavior in order to get attention. Several of her teachers have concluded that she is unwilling, or unable to adapt to a regular classroom environment. (Testimony of Eliot Berman, Respondent's Exhibits 1-2) Due to her disruptive behavior in the school environment, the student was twice placed for several days in the Filer Junior High School's Center for Special Instruction (SCSI)-on October 9, 1979, for disruptive behavior during exchange of classes and inflammatory comments to the instructor, and on November 30, 1979, for slapping a female student in Physical Education class. A child is placed in SCSI, in lieu of suspension from school, in order to receive special teacher instruction and supervision. The teacher-student ratio is increased to one teacher for each fifteen students, and a concentrated effort is made to modify a child's unsatisfactory behavior patterns and clarify his or her values. In this case, the student's placement in SCSI does not appear to have modified her disruptive behavior in the normal classroom setting. Her behavior not only detracts from her own learning experience, but interferes with the educational process of other children. (Testimony of Eliot Berman, Respondent's Exhibits 1-2) The student was frequently absent from her classrooms between August 27, 1979, and January 23, 1980. She missed Social Studies class-19 times, Mathematics and Language Arts classes-7 times each, and Life Science class-11 times. Such absences, in combination with her behavior problems, have seriously impaired her academic progress. (Testimony of Eliot Berman, Respondent's Exhibits 1-2) The student, in conjunction with her SCSI placement, has made a conscious effort to improve her behavior, but her disruptive classroom behavior has continued. (Respondent's Exhibits 1-2) The student's mother and brother believe that placement in the Jan Mann Opportunity School educational alternative program will not benefit the student and that she should, instead, be placed in a regular junior high school close to her home where her behavior can be more closely monitored by family members. The student does not share in her family's desire that she be placed in a regular school closer to her home. (Testimony of Mrs. A.B., E.B., and I.B.) Placement of the student in the Jan Mann Opportunity School educational alternative program will provide the student with an opportunity for intensive counseling, a better student- teacher ratio, and an opportunity to improve her self-esteem and basic educational skills which cannot be provided in the regular classroom setting. (Eliot M. Berman)
Recommendation While at Filer Junior High School, I.B. has been a disruptive, unsuccessful, and disinterested student and meets the criteria for placement in an educational alternative program. Accordingly, the School Board should uphold the placement of this student in the Jan Mann Opportunity School educational alternative program and deny the appeal of such placement by Petitioners.
Findings Of Fact Julie Annette Smith was a student at Centennial Junior High School during the 1984-1985 school year. She was administratively reassigned to the Douglas MacArthur Senior High School-South, an alternative placement in the school system's opportunity school program, by letter dated November 29, 1984. On September 6, 1984, Smith was disruptive, defiant and profane in the school cafeteria. She refused to go to the principal's office and Mr. Burke was called to remove her to his office. Smith was counseled and warned regarding her misbehavior and defiance. On September 28, 1984, Smith was involved in a fight in the art classroom. On November 7, 1984, Smith was involved in a fight wherein she attacked another student. Smith continued to verbally threaten the other student after the altercation was broken up by Mr. Burke. Smith has been involved in numerous other incidents of verbal and physical abuse of school personnel and students. Her behavior repeatedly interfered with the ability of other students to receive an education.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the School Board of Dade County enter a Final Order assigning Julie Annette Smith to the alternative School program at Douglas MacArthur Senior High School-South. DONE and ENTERED this 6th day of August, 1985, in Tallahassee, Florida. DIANE K. KIESLING Hearing Officer The Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32301 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 6th day of August, 1985. COPIES FURNISHED: Mrs. Evangelene Smith Bryant Parent of Julie Annette Smith 10990 S.W. 223rd Street Miami, Florida 33170 Frank R. Harder, Esquire Assistant School Board Attorney Twin Oaks Building/Suite 100 2780 Galloway Road Miami, Florida 33165 Ms. Maeva Hipps, Clerk of the School Board of Dade County Board Administration Building 1450 N. E. Second Avenue Miami, Florida 33132 Dr. Leonard Britton Superintendent of Schools Dade County Public Schools Board Administration Building 1410 N.E. Second Avenue Miami, Florida 33132
The Issue The issues in this case are whether the Respondent committed the violations alleged in the Notice of Specific Charges and, if so, a determination of the appropriate penalty for such violations.
Findings Of Fact Based upon the testimony of the witnesses and the documentary evidence received at the hearing, the following findings of fact are made: The School Board is responsible for the operation of the public schools within the school district of Miami-Dade County, Florida. At all times material to the facts of this case, the Respondent was a teacher employed by the School Board and was assigned to a public school within the district, Hialeah Senior High School (Hialeah High). The Respondent has been a teacher employed by the School Board for years. Respondent possesses a professional service contract pursuant to Section 1012.33, Florida Statutes. The Respondent is a business education teacher. Prior to the incident giving rise to this case, the Respondent had not been the subject of any disciplinary action by his employer. Prior to teaching at Hialeah High, the Respondent had been teaching adult students at another school. The adult students were highly motivated to learn and provided little in the way of classroom discipline problems. In December of 2003, the Respondent was assigned to teach English for Speakers of Other Languages (ESOL) classes to high school age students at Hialeah High. At Hialeah High the Respondent's classes were populated primarily by students who had very limited proficiency in the English language and who, for the most part, had very limited experience in an American classroom setting. Many of the students had only recently arrived from a variety of Spanish-speaking countries, including Mexico and many Central and South American countries. These students, both because of their limited English language skills and their limited exposure to an American classroom, presented more than the usual discipline challenges. At the time of the incident giving rise to this case, the Respondent had been teaching the ESOL classes at Hialeah High for only a few weeks. A frequently recurring problem in the Respondent's classroom was that some of the students would use the classroom computers to play music CDs and would interrupt the rest of the class by turning up the volume through the external speakers on the computers. This problem apparently came to a head on January 27, 2004, when an honor student asked the Respondent if it was necessary for the class to be interrupted by the students who were playing music CDs on the classroom computers. After school on January 27, 2004, the Respondent decided to solve the music problem by cutting the audio wires that ran from the monitor to the external speakers on each of the classroom computers. The Respondent chose to cut the audio wires because the wires were hardwired into the computer monitors and could not readily be unplugged. He cut the speaker wires on at least 25 of the computers in his classroom. The Respondent's conduct in this regard was not for the purpose of damaging school equipment, but was a misguided and poorly thought out effort to prevent further music playing by the misbehaving students. The cutting of the speaker wires was an inappropriate way in which to address student misconduct in the classroom. More appropriate ways to have prevented such misconduct or to have addressed such misconduct after it occurred would have been to take such measures as implementing and enforcing classroom rules when he first began teaching the ESOL classes, making disciplinary referrals, seeking assistance from the school administration, or assigning misbehaving students to indoor suspension. Although the computers are operable, they have no external speakers and, therefore, cannot make loud sounds. The inability to make loud sounds compromises the extent to which the computers can be used for certain applications. The Respondent's acts of cutting the speaker wires were intentional acts that damaged the computers. Damage to the computers caused by intentional acts is not covered by the warranties on the computers. A representative of the Dell computer company examined the damage to the computers and stated that Dell did not make repairs to that type of damage. The best solution the Dell representative could propose was to replace all of the monitors with cut speaker wires with new monitors that had new external speakers attached. The Dell representative stated that such replacement would cost $129.00 per computer. The damage caused by the Respondent's cutting of the computer wires can be readily and inexpensively repaired. The parts necessary to repair the computers cost about $2.00 for each computer. The time necessary to repair the damaged computers is approximately five minutes per computer. The Respondent has already purchased with his own funds the parts necessary to repair all of the computers in his classroom, and he has delivered those parts to the principal at Hialeah High. The Respondent volunteered on several occasions to perform the work necessary to repair the computers he damaged. The Respondent's offers to perform the repair work were declined. For reasons not adequately explained in the record in this case, the computer technicians at Hialeah High have not yet repaired the subject computers. It would take approximately two hours of technician time to repair all of the computers in the Respondent's classroom. The damage to the computers caused by the Respondent could have been repaired within a very few days of the date on which the damage occurred. When asked about the damage to the computer wires, the Respondent readily admitted what he had done and readily acknowledged that it was a foolish and inappropriate thing for him to have done. He did not hesitate to accept responsibility for the consequences of his conduct and, as mentioned above, bought the necessary parts and offered to do the necessary repair work. Respondent’s intentional destruction of School Board property failed to reflect credit upon himself and on the school system, and showed a lack of professional judgment. On September 21, 2004, the Respondent’s principal and the assistant superintendent who had authority over Hialeah High recommended a 30-work day suspension without pay. The School Board, at its regularly scheduled meeting of December 15, 2004, took action to suspend the Respondent without pay for 30 workdays.
Recommendation Based on the foregoing, it is RECOMMENDED that a final order be issued in this case suspending the Respondent without pay for one week and requiring the Respondent to pay for the cost of the repairs made necessary by his foolish conduct. DONE AND ENTERED this 12th day of April, 2005, in Tallahassee, Leon County, Florida. S MICHAEL M. PARRISH Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 SUNCOM 278-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 12th day of April, 2005. COPIES FURNISHED: Mark Herdman, Esquire Herdman & Sakellarides, P.A. 2595 Tampa Road, Suite J Palm Harbor, Florida 34684 Madelyn P. Schere, Esquire Miami-Dade County School Board 1450 Northeast Second Avenue, Suite 400 Miami, Florida 33132 Dr. Rudolph F. Crew, Superintendent Miami-Dade County School Board 1450 Northeast Second Avenue, Suite 912 Miami, Florida 33132 Honorable John Winn Commissioner of Education Department of Education The Capitol, Plaza Level 08 Tallahassee, Florida 32399-0400 Daniel Woodring, General Counsel Department of Education The Capitol, Suite 1701 Tallahassee, Florida 32399-0400
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 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
Findings Of Fact During the 1983-84 school year, Respondent was an eighth grade student at North Miami Junior High School. Due to academic deficiencies, she would be required to repeat the eighth grade if she remains in the regular program. Petitioner related some 12 incidents of disruptive or rebellious behavior by Respondent over the past two academic years which resulted in disciplinary action. She was also disciplined on at least two occasions for repeated tardiness and unexcused absences. Petitioner has made reasonable efforts to assist Respondent in adjusting to regular junior high school. She was transferred from one class due to disagreements with her teacher and she has received counseling on at least four occasions regarding her behavior problems. Respondent's year-end grades are unsatisfactory in mathematics and language arts, which are both remedial courses. She is thus experiencing serious academic as well as behavior difficulties.
Recommendation From the foregoing, it is RECOMMENDED that Petitioner enter a final order assigning Celia Lela Benjamin to its opportunity school. DONE and ENTERED this 5th day of September, 1983, at Tallahassee, Florida. R. T. CARPENTER Hearing Officer Division of Administrative Hearings The Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32301 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 5th day of September, 1984. COPIES FURNISHED: Mark Valentine, Esquire 3000 Executive Plaza 3050 Biscayne Boulevard Miami, Florida 33137 Mrs. Maebelle Bolden Abner 2396 North West 73rd Terrace Miami, Florida 33147 Daniella S. Levine, squire Legal Services of Greater Miami, Inc. 149 West Plaza, Suite 210 7900 North West 27 Avenue Miami, Florida 33147 Dr. Leonard Britton Superintendent of Schools School Board of Dade County Lindsey Hopkins Building 1410 North East 2nd Avenue Miami, Florida 33132
Findings Of Fact Alexander Harris was a student at Parkway Junior High School during the 1984-85 and 1985-86 school years until his assignment to the alternative school. He also attended summer school in 1985 For the school year 1984-85, Harris received final grades of F in four classes and C in two classes. The classes he passed were special placements in the exceptional education classes for the learning disabled in mathematics and language arts. Harris attended summer school in 1985 and received a final grade of F for the two classes he took. Harris has an extensive history of disciplinary problems. On September 13, 1984, he was referred for discipline for class disruption and refusal to do his assignment. On September 18, 1984, he was again referred for constantly causing class disruption. Three days later, on September 21, 1984, he was suspended for three days for throwing juice cartons in the cafeteria during lunch. Harris was again disciplined on October 18, 1984, for refusing to dress out for P.E. and using obscene language in speaking to the teacher. He was suspended for five days on February 11, 1985, for skipping class and running and hiding from the school administrator. On April 3, 1985, Harris was suspended for three days for fighting. Finally, on May 24, 1985, Harris was suspended for ten days and was recommended for expulsion for possession and concealment of a loaded gun on the school campus during school hours. Harris was not expelled, but the recommendation was changed to that at issue in these proceedings.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the School Board of Dade County enter a Final Order assigning Alexander Harris to the alternative school program at Jan Mann Opportunity School-North. DONE and ORDERED this 19th day of February, 1986, in Tallahassee, Florida. DIANE K. KIESLING, Hearing Officer Division of Administrative Hearings The Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32399 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 19th day of February, 1986. COPIES FURNISHED: Frank R. Harder, Esquire 2780 Galloway Road (87th Avenue) Suite 100, Twin Oaks Building Miami, Florida 33165 Mrs. Essie Harris, Mother of Alexander Harris P. O. Box 2464 Miami, Florida 33055 Dr. Leonard Britton Superintendent of Schools Dade County Public Schools Board Administration Building 1450 N.E. Second Avenue Miami, Florida 33132 Mrs. Maeva Hipps 1415 N.E. 2nd Avenue Miami, Florida 33136
The Issue Whether Respondent should be assigned to the school system's opportunity school program.
Findings Of Fact At all times material hereto Respondent, Guillermmo Hernandez, was an eighth grade student assigned to South Miami Middle School. While in math class during November, 1988 through January, 1989, Respondent was disruptive in the classroom, tardy on several occasions and unprepared for class. In an attempt to ascertain the reasons for his behavior and to assist him, Respondent's parents were consulted, Respondent was consulted, and Respondent was assigned to detention and work detail. Again, while in home economics class during February through March, 1989, Respondent disrupted the classroom by his antics which on one occasion included piercing his ear and dressing as a girl. Respondent also chased other students, popping them with towels. Here too, his parents were consulted, Respondent was consulted and he was assigned to both outdoor and indoor supervision. Respondent is a disturbed young man who at first appears to be a class clown. He pushes a situation until is becomes a problem and then begs for forgiveness. Further, he does not appear to be learning disabled. However, after repeated attempts to help him, it is apparent that he is unable to control himself in a regular classroom and would benefit from a more structured setting such as the opportunity school program of the Dade County School District.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the School Board of Dade County, Florida issue a Final Order affirming the assignment of Respondent to school system's opportunity school program. DONE and ENTERED this 29th day of June, 1989 in Tallahassee, Florida. JANE C. HAYMAN 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 29th day of June, 1989. COPIES FURNISHED: Jaime C. Bovell, Esquire 370 Minorca Avenue Coral Gables, Florida 33134 Mr. and Mrs. Juan Hernandez 6361 S.W. 33rd Street Miami, Florida 33155 Madelyn P. Schere, Esquire School Board Administration Building 1450 Northeast Second Avenue Miami, Florida 33132 Dr. Joseph A. Fernandez Superintendent of Schools Dade County Public Schools School Board Administration Building 1450 Northeast Second Avenue Miami, Florida 33132
Findings Of Fact At all time relevant hereto, respondent, Anthony Newkirk, was a student at Thomas Jefferson Junior High School (TJJHS) in Dade County, Florida during school years 1984-85 and 1985-86. The school is under the jurisdiction of petitioner, School Board of Dade County (Board). During school year 1984-85, Anthony was a thirteen year old seventh grade student at TJJHS. His attendance calendar card reflects that he was absent from first period home room at least twenty times that year. In addition, he was absent from his first through sixth period classes on 28, 22, 9, 37, 27 and 30 occasions, respectively. He also received failing grades in two subjects. During this same year, Anthony received a number of detention assignments and suspensions from school for disciplinary problems. These included class referrals by teachers, fighting at school, skipping detention and using profanity. On at least two occasions, his parents were contacted regarding his behavior. Anthony's behavior gradually deteriorated in school year 1985-85. He was referred by his art teacher to the assistant principal at least seven times for disruptive actions in her class. For example, Anthony would not remain seated when asked to do so, he would deliberately begin talking in a loud manner while the teacher was attempting to instruct the class, and he refused to remove his hat in class as required by the school dress code. Such conduct interfered with the student's own learning as well as the educational process of others in the classroom. In addition to the above problems, Anthony was referred to the principal by other teachers for similar conduct in 1985-86. He was also cited for excessive absenteeism and tardiness, and for skipping detention hall. On several occasions his parents were contacted regarding his behavior. On April 17, 1986, Anthony was referred to a child study team consisting of a guidance counselor, teacher and school psychologist. Despite this counseling effort, Anthony skipped a detention hall on April 26. The assistant principal then made a decision that Anthony could not function in a normal school environment. He accordingly recommended that Anthony be reassigned to Jan Mann Opportunity School-North, an alternative education program designed to meet the needs of students who are disruptive, disinterested or unsuccessful in a normal school environment. His reassignment became effective on June 3, 1986, and Anthony is to begin the 1986-87 school year at Jan Mann on September 2, 1986.
Recommendation Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED that Anthony Newkirk be reassigned to Jan Mann Opportunity School-North. DONE and ORDERED this 29th day of August, 1986, 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 of Administrative Hearings this 29th day of August, 1986. COPIES FURNISHED: Frank R. Harder, Esquire Twin Oaks Bldg., Ste. 100 2780 Galloway Road Miami, Florida 33165 Ms. Willie Newkirk 7286 N.W. 21st Court Miami, Florida 33147 Dr. Leonard Britton, Superintendent Dade County Public Schools 1450 N.E. 2nd Ave. Miami, Florida 33132
