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
The Issue The central issue in this cause is whether the Respondent, Jose Antonio Blanco, should be placed in the Dade County School Board's opportunity school program due to his alleged disruptive behavior and failure to adjust to the regular school program.
Findings Of Fact Based upon the testimony of the witnesses and the documentary evidence received at the hearing, I make the following findings of fact: During the 1986-87 academic year, Respondent attended Palm Springs Junior High School in Dade County, Florida. Respondent (date of birth: 11-13-72) was enrolled in the seventh grade and was administratively assigned to Jan Mann Opportunity School-North on March 9, 1987, due to his alleged disruptive behavior and failure to adjust to the regular school program. Respondent's grades for the 1986-87 school year, the first grading periods, were as follows: COURSE ACADEMIC EFFORT CONDUCT GRADE Mathematics 1st F 3 F 2d F 3 F Physical 1st F 3 F Education 2d F 3 F Industrial 1st F 3 F Arts 2d F 3 F Education Language 1st F 3 F Arts 2d F 3 F Social 1st F 3 F Studies 2d F 3 F Science 1st F 3 F 2d F 3 F SYMBOLS: GRADE "F" UNSATISFACTORY EFFORT "3" INSUFFICIENT CONDUCT "F" UNSATISFACTORY Respondent did not enroll at the opportunity school and did not attend classes. Instead, Respondent's mother enrolled the student in a private school. His conduct has improved but his grades and academic progress are still below level. When a student is disruptive or misbehaves in some manner, a teacher or other staff member at Palm Springs Junior High School may submit a report of the incident to the office. These reports are called Student Case Management Referral forms, and are used to report behavior problems. During the first two grading periods of the 1986-87 school year, Respondent caused 16 Student Case Management Referral Forms to be written regarding his misbehavior. All incidents of his misbehavior were not reported. A synopsis of Respondent's Student Case Management Referral Forms is attached and made a part hereof. Eva Alvarado is a science teacher in whose class Respondent was enrolled. While in Ms. Alvarado's class, Respondent was persistently disruptive. Respondent refused to do homework and in-class assignments. Respondent was unprepared 90 percent of the time and would disturb the class with loud talking. During lectures Respondent would attempt to talk to other students and ignore Ms. Alvarado's instructions. Ms. Alvarado tried to correct the situation by sending notices to Respondent's parents, but little improvement was made. Valdez Murray is a social studies teacher in whose class Respondent was enrolled. While in Mrs. Murray's class Respondent was persistently tardy. Respondent refused to complete homework and in-class assignments. Mrs. Murray contacted Respondent's mother, but the student's work and conduct did not improve. Respondent talked in a loud voice to interrupt class. On one occasion, Respondent walked out of the class without permission and on two other occasions Respondent fell asleep at his desk. Respondent made a practice of talking to others who were trying to do their work, and would laugh at Mrs. Murray's efforts to control the situation. Mrs. Murray would instruct the class to ignore Respondent's noise making activities. Mrs. Alicia Robles is an English teacher in whose class Respondent was enrolled. While in Mrs. Robles' class Respondent refused to perform any work assignments, including in-class oral work. Respondent would instead throw paper darts to the ceiling. Respondent tried to keep other students from working and would interrupt lectures. According to Mrs. Robles, Respondent played with the wires on his braces to create a reason he could be excused from class. Barry Jones is a physical education teacher in whose class Respondent was enrolled. Respondent refused to dress out and participate with the class. Despite Mr. Jones' effort to notify both Respondent and his parents of the problem, no change in conduct or performance was made. Mrs. Blanco acknowledged that her son has a behavior problem, but believes if given another chance his conduct would improve. During the time he has attended private school his conduct has improved tremendously. Although Respondent has not caught up academically, Mrs. Blanco believes he is ready to return 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 affirming the assignment of Respondent to Jan Mann Opportunity School-North. DONE and ORDERED this 8th day of October, 1987, in Tallahassee, Florida. JOYOUS D. PARRISH Hearing Officer Division of Administrative Hearings The Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32399-1550 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 8th day of October, 1987. SYNOPSIS OF STUDENT CASE MANAGEMENT REFERRAL FORMS DATE INCIDENT DISCIPLINE 10/29/86 disrupting class; parent arguing, talking, conference refusing to work 11/3/86 interrupt class parent refuse to obey conference instruction 11/26/86 tardy, disrupts request be class talking, walking removed changing seats from class- parent contact attempted 12/03/87 tardy, talking to parent contact classmates, showing 3 days out in class in-school suspension 01/13/87 tardy, unprepared 13 days disruptive - noisy, attention defiant parent contact attempted 01/114/87 tardy, refused to additional serve detention detention parent contact 01/15/87 refusal to dress out, 3 days left class area detention without permission 02/014/87 tardy, talks, walks parent contact around disrupting attempted class 02/05/87 refused to do parent contact assignment or test attempted 02/06/87 refused to work, parent contact shouting in class, attempted moving from one seat to another 02/10/87 disrupts class, parent contact running, shouting, unprepared, tardy 02/11/87 tardy, unprepared parent contact for class, failing grades 02/11/87 habitual misbehavior, parent contact lack of respect - refusal to cooperate 02/12/87 refusal to sit in seat; requested threats to other parent to student and teacher get counseling for student 02/25/87 highly disruptive requested during indoor outdoor suspension suspension 02/27/87 disruptive in requested indoor suspension opportunity school APPENDIX TO RECOMMENDED ORDER, CASE NO. 87-1453 Rulings on Petitioner's Proposed Findings of Fact: Paragraph 1 is accepted in Findings of Fact paragraphs 1 and 2. Paragraph 2 is accepted in Finding of Fact paragraph 3. The only "D" Respondent received, however, was an exam grade. The grading period was "F." Paragraphs 3 and 4 are accepted in relevant part in Finding of Fact paragraph 6. Paragraph 5 is accepted in relevant part in Finding of Fact paragraph 9 and the Synopsis attached. Paragraphs 6 and 7 are accepted. See Finding of Fact paragraph 7. Paragraph 8 is accepted. See Finding of Fact paragraph 8. Paragraph 9 is rejected as unnecessary, argumentative. Paragraph 10 is accepted. See Finding of Fact paragraph 5 and the Synopsis. Paragraph 11 is accepted. COPIES FURNISHED: Jaime Claudio Bovell, Esquire 370 Minorca Avenue Coral Gables, Florida 3313 Madelyn P. Schere, Esquire Assistant School Board Attorney Board Administration Building 11450 Northeast Second Avenue Miami, Florida 33132 Mrs. Bertha Blanco 14535 West 114 Lane Hialeah, Florida 33012 Dr. Leonard Britton Superintendent of Schools Dade County Public Schools Board Administration Building 11450 Northeast Second Avenue Miami, Florida 33132
Findings Of Fact At all times material hereto Respondent, Edgar Lopez, was a fifteen year old student who was assigned to Henry Filer Middle School during the school year of 1987-88 and to Jose Marti Middle School during the school year 1988-89. When a teacher in the Dade County School System wishes to report or refer a discipline problem in the classroom, the teacher completes and submits to the assistant principal a Student Case Management form, commonly referred to as a SCAM. During the 1987-88 school year, at least nine SCAMs were filed concerning Respondent and addressed disruptive behavior problems of tardiness, disobedience, and failure to cooperate. Respondent, Respondent's parent or both were consulted concerning the nine reports; however the behavior did not improve. Then, in school year 1988-89, Respondent continued to have excessive absences, and the visiting teacher consulted Respondent's mother about Respondent's attendance. On January 31, 1989, Respondent was found with two harmful knives at school and during school hours. Possession of knives is a Group 5 offense of the student code of conduct of the Dade County School Board which is punishable by expulsion. Respondent exhibited disruptive behavior and was consulted about his problems but failed to improve. Further, Respondent committed an offense which warrants expulsion. Accordingly, Respondent's assignment to the opportunity school is correct.
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 5th day of July, 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 5th day of July, 1989. COPIES FURNISHED: George dePozsgay, Esquire 2950 S.W. 27th Avenue Suite 210 Miami, Florida 33133 Ramonita Gonzalez Lopez, 10,000 Northwest 80th Court Apartment 2127 Hialeah Gardens, Florida 33016 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
The Issue Whether the Respondent should be reassigned to the Opportunity School.
Findings Of Fact The Respondent has been a student at W. R. Thomas Junior High since he entered 7th grade in 1982. In the 1984-85 school year, the Respondent was in 9th grade. Edwin had behavior problems in the 7th and 8th grade, and had been suspended from school in the 8th grade. In the 9th grade, Edwin continued to exhibit improper behavior. On September 25, 1984, Edwin was disruptive in the hall. On October 25, 1984, Edwin was rude and discourteous in class. On October 26th, he was disruptive in class. As a result of the October incidents, Edwin was placed on probationary status and a parent conference was held. On January 16, 1985, Edwin walked out of a class and refused to return when the teacher requested that he do so. Instead, Edwin threatened the teacher. As a result of this incident, Edwin was suspended from school for no more than five days. On January 28, 1985, Edwin set off a firecracker in the stairwell. On January 29, 1985, Edwin was reprimanded for repeated tardies to class and for his disruptive behavior in class. Edwin's academic and conduct grades were poor. When he left W. R. Thomas Junior High he was failing history, math, and physical education, and had Ds in remedial reading and science. He had Fs in conduct in three of his classes. At the beginning of the school year, Edwin had been placed in the work experience program, at his request, because he was not interested in the regular school program. However, he was ultimately removed from the work program because he never made an effort to get a job. Edwin had two job possibilities, but he never showed up for either job. The school personnel at W. R. Thomas made every effort to help Edwin adjust to the regular school program. He was placed in a group of disruptive students that met with the principal. Only Edwin and one other student showed no improvement in behavior after attending these meetings. Attempts were made to meet with Edwin's parents, but neither parent appeared at three of the scheduled conferences. The effort to interest Edwin in school through the work experience program was a failure.
Recommendation Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED that a final order be entered approving the assignment of the Respondent to the alternative school program at Douglas MacArthur Senior High School - South. DONE and ENTERED this 16th day of August, 1985, in Tallahassee, Leon County, Florida. DIANE A. GRUBBS, Hearing Officer Division of Administrative Hearings 2009 Apalachee Parkway Tallahassee, Florida 32301 (904) 488-9675- Filed with the Clerk of the Division of Administrative Hearings this 16th day of August, 1985. COPIES FURNISHED: Mark A. Valentine, Jr., Esq. 3050 Biscayne Boulevard Suite 800 Miami, Florida 33137 Mr. and Mrs. Luciano Castro 12031 S.W. 29th Street Miami, Florida 33055 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 0. Douglas, Esq. Assistant Board Attorney Dade County Public Schools 1450 Northeast Second Avenue Miami, Florida 33132
Findings Of Fact At all times relevant hereto, respondent, Karega Y. Paisley, who is eleven years old, was a student in the school system of petitioner, School Board of Dade County. Until his recent transfer, he attended Kendale Elementary School (KES) located at 10693 Southwest 93rd Avenue, Miami, Florida. At issue in this proceeding is Karega's reassignment from the regular school program at KES to J.R.E. Lee School, an alternative school program. The basis for the transfer is that Karega has allegedly exhibited "disruptive behavior" and a "failure to adjust to the regular school" program. Notice of such transfer was given by petitioner to Karega's parents by letter dated September 4, 1987. The transfer prompted the request for the hearing in this cause. Pending the outcome of this proceeding, Karega has been attending J.R.E. Lee School. Karega has been a student at KES since at least the fourth grade. In school year 1986-87, Karega, then a fifth grader, attended, among other classes, those taught by teachers Arias and Holden. Arias taught Spanish (second language) while Holden taught fifth grade English. At hearings Arias established that Karega was late for her Spanish class at least two or three times per week. Although repeatedly reminded by Arias to do so, he would frequently fail to bring his Spanish materials to class each day. When this occurred, Arias would have to send Karega out of class to retrieve his materials. Despite these orders, he would often return to class without them. This caused a disruption of the class and a loss of ten to fifteen minutes of instruction time whenever Arias had to deal with this problem. On occasion, Arias would order Karega to do something in class, and he would refuse saying words to the effect "I don't want to do that." He would then ask her "What are you going to do now, Mrs. Arias?" Karega also had occasional temper tantrums, and would make obscene gestures with his finger at the teacher. This behavior took place in the presence of other students. Efforts by Arias to counsel Karega and to change his behavior were unsuccessful. Because of several serious disruptive incidents with Karega during school year 1986-87, Arias prepared four disciplinary record reports or student case management referral forms which described the disruptive activity. These have been received in evidence as petitioner's exhibits 1, 2, 7 and 15 and reflect that Karega was referred to the assistant principal for disciplinary action on February 19, March 11, and May 15 and 17, 1987, respectively. The reports were prompted by Karega's disruptive conduct in class and the allegations therein were later admitted to by the student in meetings with the assistant principal. Holden did not testify at final hearing. She too prepared a number of disciplinary record reports as a result of disruptive activity by Karega in her classroom. The reports have been received in evidence as petitioner's exhibits 4, 5, 6, 8, 9, 11, 12, 14 and 16. Although her comments on the reports are hearsay, they corroborate admissions by Karega to the assistant principal and principal, and are therefore considered supplemental and corroborative evidence. These reports reflect disruptive activity by Karega throughout school year 1986- 87 that not only interfered with Karega's learning process but with the learning process of other students as well. On May 5, 1987, Karega was suspended from school for three days for "defiance of school authority." On June 1, 1987, while being escorted to the principal's office by Holden for certain disruptive conduct, Karega tripped Holden causing her to fall down and sustain a broken hip. For this action, Karega received a ten day suspension from school for "defiance of school personnel's authority and battery." Respondent's grades, while not failing, were described as being "poor." The Board's witnesses characterized Karega as being "above average," and possibly a "gifted" child, and this was corroborated by Stanford Achievement Tests administered to Karega. However, since Karega's grades were not introduced into evidenced a finding cannot be made that his academic progress has been "unsatisfactory." No other KES student had ever been sent to an alternative education program since the school considers this to be a last resort to all other measures. For this reason, school personnel attempted to change Karega's behavior by counseling, taking less drastic disciplinary action, and by seeking the help and cooperation of his parents. These efforts proved unsuccessful, and eventually a child study team consisting of the school psychologist, counselor, assistant principal, principal and a classroom teacher unanimously recommended that Karega be sent to J.R.E. Lee School, a school dealing with disruptive students. That school offers a more structured environment, individualized educational plans, favorable teacher-pupil ratio (3:1 at the time of hearing) and full-time on-campus counselors and a psychologist. In view of Karega's persistent disruptive behavior, this placement was appropriate. Respondent's father did not testify or present any evidence. He contended through arguments and suggested by interrogation of witnesses, that the disciplinary reports were fabricated and that his son was transferred solely because of racist policies of KES. However, the evidence shows the charges are totally unfounded, and without merit. The father also suggested that his complaints about the school system have been ignored, and that his son did not admit the allegations described in the disciplinary reports to the principal and assistant principal. Again, these charges were unsubstantiated.
Recommendation Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED that a Final Order be entered reassigning Karega Y. Paisley to Lee School. DONE AND ORDERED this 13th day of November, 1987, in Tallahassee, Leon County, Florida. DONALD R. ALEXANDER Hearing Officer Division of Administrative Hearings The Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32399-1550 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 13th day of November, 1987.
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 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 Respondent was a 6th grade student at Mays Middle School in Dade County, Florida, during the 1987-88 school year. On June 14, 1988, another student informed the school's assistant principal that Respondent had in his possession a quantity of marijuana. Respondent was brought to the assistant principal. In the course of interrogating Respondent, the assistant principal momentarily left Respondent in the custody of a security officer. Upon returning to the room, the principal learned that Respondent had attempted to discard a foil packet, behind a filing cabinet. The packet was subsequently analyzed and found to contain one quarter to one half of an ounce of marijuana. Upon further questioning by the assistant principal, Respondent contended that he had found the contraband packet on the way to school and intended to sell the drug since his family needed the money. Thereupon, Respondent was suspended for the remaining two days of the school year and reassigned to the opportunity school program for the 1988-89 school year. In response to a telephone call by school administrators, Respondent's mother came to the school when he was apprehended for the possession of marijuana. Somewhat distraught about the incident, her major concern was what action would be taken in response to this behavior by her son. Previous conversations had been had between school officials and Respondent's mother regarding his attendance record and academic problems during the school year. The entire incident of Respondent's apprehension for possession of a controlled substance was reported to law enforcement officials for further investigation and appropriate legal action. During the course of the school year, Respondent has been absent a total of 36 days. His academic progress has been extremely poor resulting in final grades for the year of "F" in language arts, "D" in mathematics, "D" in French, "F" in reading and "F" in science. During the course of the school year, Respondent was seen by the school counselor a total of 12 times. Several of the counselling sessions were the result of Respondent's referral by his teachers for disruptive behavior. Other sessions resulted from teachers concern about Respondent's academic progress. Possible remedies for Respondent's academic needs and attendance problems are more likely to be realized in the smaller and more structured educational atmosphere of the opportunity school. Petitioner's district code of student conduct contains recommended disciplinary action for students found in possession of illegal mood modifiers. Mood modifiers are defined in the district code to mean all substances capable of producing a change in behavior or altering a state of mind or feeling. The code recommends that such students either be expelled or be suspended with a possible recommendation for administrative assignment to an opportunity school. In the absence of evidence other than Respondent's own admission of his intent to sell the marijuana, school officials elected to suspend Respondent and recommend assignment to an opportunity school. Respondent is presently attending the J.R.E. Lee Opportunity School.
Recommendation Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED that a final order be entered assigning Respondent to the J.R.E. Lee Opportunity School. DONE AND ENTERED this 14th day of November, 1988, in Tallahassee, Leon County, Florida. DON W. DAVIS Hearing Officer Division of Administrative Hearings The Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32399-1550 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 14th day of November, 1988. COPIES FURNISHED: Frank Harder, Esquire 175 Fontainebleau Boulevard Suite 2A-3 Miami, Florida 33172 Clara Patino 19316 South West 121st Avenue Miami, Florida 33177 Hon. Betty Castor Commissioner of Education The Capitol Tallahassee, Florida 32399 Sydney H. McKenzie, Esquire General Counsel Department of Education Knott Building Tallahassee, Florida 32399 Dr. Josesph A. Fernandez Superintendent of Schools Dade County Public School 1450 Northeast Second Avenue Miami, Florida 33132
Findings Of Fact Joseph Cabaleiro was a student at Shenandoah Junior High School during the 1983-84 and 1984-85 school years until his assignment to the alternative school. During his attendance at Shenandoah, Cabaleiro was involved in numerous instances of misbehavior that required disciplinary action. During the 1983-84 school year, Cabaleiro was suspended for fighting on October 19, 1983, and for being continually disruptive in class on May 11, 1984. On December 13, 1984, Cabaleiro received a warning for being at an off-limits area during lunch. On January 17, 1985, he was disciplined for constant disruptive conduct in the classroom. He was given a three-day outdoor suspension for fighting on February 8, 1985, and a ten-day outdoor suspension for assault and battery on a teacher on February 20, 1985. This February 20, 1985, incident merits some discussion. An altercation occurred between Mr. Long, a P. E. teacher, and Cabaleiro. During the incident Cabaleiro cursed Mr. Long and Mr. Long allegedly threw a ball at Cabaleiro more than once. Cabaleiro then threw a set of wooden starting blocks at Mr. Long and went to the office to report that Mr. Long injured him with the ball. Cabaleiro alleges that he threw the wooden blocks to protect himself; but the evidence fails to support the need for such action in self defense. Cabaleiro left the playing field and went to the office without any attempt by Long to stop him. He could have left as easily before throwing the blocks. Throwing the blocks was not an act of self defense. On March 28, 1985, Cabaleiro was again suspended for general disruptive behavior. Finally on April 17, 1985, he was suspended for ten days for fighting. That same day he was reported for vandalism when a student saw him placing a piece of glass under the tire of Mr. Long's car. On April 18, 1985, Cabaleiro was recommended for assignment to the opportunity school. Academically, Cabaleiro has not been successful. His final grades for the 1983-84 school year were three F's and two D's with unsatisfactory grades in all classes for conduct and ratings of insufficient in effort for all classes. For the 1984-85 school year, Cabaleiro received F's in all classes academically, F's in all class for conduct, and 3's (insufficient) grades in all classes for effort. Additionally, from September 4, 1984 to March 5, 1985, Cabaleiro missed 41 days of school, with 13 of those days being outdoor suspensions and 28 of those days being absences.
Recommendation Based upon the foregoing Findings of Facts and Conclusions of Law, it is RECOMMENDED that the School Board of Dade County enter a Final Order assigning Joseph Cabaleiro to the alternative school program at Youth Opportunity School-South. DONE and ENTERED this 26th of September, 1985, in Tallahassee; Leon County, Florida. DIANE K. KIESLING Hearing Officer Division of Administrative Hearings The Oakland Building 2009 Apalachee Parkway Tallahassee, FL 32301 (904) 488-9675 FILED with the Clerk of the Division of Administrative Hearings this 26th day of September, 1985. COPIES FURNISHED: Mr. Joseph Cabaleiro 3000 N.W. 16th Street Miami, FL 33125 Frank R. Harder; Esq. Suite 100, Twin Oaks Building 2780 Galloway Road Miami, FL 33132 Mrs. Maeva Hipps School Board Clerk 1450 N.E. 2nd Avenue Room 401 Miami, FL 33132 Dr. Leonard Britton Superintendent of Schools Dade County Public Schools 1450 N.E. 2nd Avenue Miami, FL 33132
Findings Of Fact At all times relevant thereto, Respondent, Rolando Rodriguez (Rolando), was a student at Palm Springs Junior High School (Palm Springs) in Dade County, Florida, during school years 1983-84 and 1984-85. The school is under the jurisdiction of Petitioner, School Board of Dade County (Board). Rolando was born in Cuba on August 15, 1970. He and his mother came to the United States in 1980. His father remains in Cuba. Rolando enrolled in the fourth grade of the public school system in Dade County in 1980. Because of language difficulties, he was initially given some special assistance by his teachers. Even so, his school progress record, received in evidence as exhibit 2, reveals he repeated at least a part of the fifth grade due to academic problems. There is no evidence that he received bilingual education services from the public school system. While attending the sixth grade at Palm Springs in 1983-84, Rolando had isolated instances of misconduct during the first half of the school year. This included "disruptive behavior," "cutting class," and "assault and battery." He was given reprimands and warnings, and several conferences were held by school officials with Rolando and his mother. This is confirmed through testimony of witness Sweet and corroborated by Petitioner's exhibit 1 received in evidence. This exhibit is a copy of a computer print-out reflecting Rolando's case management history. It is not clear how the entries therein were prepared, or, whether the school personnel who observed the "incidents" gave the information directly to the computer program operator, or to another person who then summarized it for the operator. In any event, there is no documentation or the oral testimony evidencing any misconduct from January 1984 until the end of the school year. Rolando was then promoted to seventh grade even though he had done poorly in a number of subjects. Beginning in September 1984, Rolando's case management history (exhibit 1) reflects a series of actions which culminated in reprimands, warnings and being placed on probationary status. However, these entries on the computer print-out are hearsay in nature and the only witness appearing on behalf of Petitioner had no personal knowledge of the events. Indeed, the witness could not relate the details or circumstances surrounding the "incidents," but relied wholly on what she had been told by other school personnel, or what the computer print-out stated. Accordingly, there is no competent evidence concerning Rolando's alleged misconduct for school year 1984-85. Finally, exhibit 2 contains Rolando's grades from school year 1980-81 through school year 1983-84, but omits reference to the grades received in school year 1984-85. However, Rolando acknowledged he received at least one "F" during the year and that his overall grades were "not good." On June 26, 1985, Petitioner advised Respondent's parents that he was being reassigned to Jann Mann Opportunity School-North effective immediately because of Rolando's "disruption of the educational process in the regular school program and failure to adjust to the regular school program." It was not disclosed who participated in the decision or what specific information, other than that contained in exhibit 1, was considered in determining that reassignment was appropriate. During the first half of the school year 1983-84, the faculty and administration of Palm Springs attempted to help Rolando through parent and student conferences, developmental group counseling, a child study team, home units and employability skills instruction. Although exhibit 1 reflects similar assistance in 1984-85, there is no competent evidence to verify and confirm these hearsay declarations. Rolando is now attending Jann Mann, which is approximately thirty minutes from his home by bus. Both he and his mother desire a reassignment to Palm Springs because of its proximity to their home. Rolando acknowledged some of his disciplinary problems and specifically recalled three visits to the principal's office, but pointed out that he was unfairly charged with many other infractions even though he was merely an observer to and not a participant in these incidents. He stressed that where teachers have taken the time to provide extra assistance, he has done well in class, but fares poorly where the teacher does not provide such assistance. He views his reassignment to Jann Mann as a learning experience, and now wishes to return to his former school. Even though he testified in English, he attributes a part of his academic problems to a limited proficiency in the English language. Rolando's mother also acknowledged that she was notified on "several" occasions about Rolando's conduct. The dates of such notifications and the specific nature of his problems were not disclosed.
Recommendation Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED that Respondent be immediately reinstated to a traditional school program. DONE AND ORDERED this 13th day of November 1985, in Tallahassee, Leon County, Florida. DONALD R. ALEXANDER Hearing Officer Division of Administrative Hearings The Oakland Building/ 2009 Apalachee Parkway Tallahassee, FL 32301 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 13th day of November, 1985.
