Findings Of Fact Respondent was reassigned to the Jan Mann Opportunity School-North on January 7, 1983. Prior to this reassignment, Respondent had been involved in 12 incidents during the current academic year which resulted in disciplinary action. Additionally, his academic progress was unsatisfactory in all but one course. Respondent is now attending the alternative school and is making satisfactory progress. He will be returned to the regular academic program when his performance and conduct have stabilized.
Recommendation Based on the foregoing, it is RECOMMENDED that Petitioner enter its Final Order affirming Respondent's placement in its alternative education program. DONE and ENTERED this 6th day of May, 1983, in Tallahassee, Florida. R. T. CARPENTER, Hearing Officer Division of Administrative Hearings The Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32301 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 6th day of May, 1983. COPIES FURNISHED: Mark Valentine, Esquire 3000 Executive Plaza 3050 Biscayne Boulevard Miami, Florida 33137 Mrs. Freddie Roberts 13100 Northwest 22nd Avenue Miami, Florida 33167 Dr. Leonard Britton Superintendent of Schools Dade County Public Schools 1410 Northeast Second Ave. Miami, Florida 33132
Findings Of Fact During the 1988/1989 school year, Shawanna Shaw was a student in the sixth grade at Madison Middle School. During the 1988/1989 school year Respondent was a student in the reading class of Ms. Willson. At the beginning of the school year Respondent's performance and conduct were acceptable. Shortly thereafter, however, Respondent began to demonstrate a severe disinterest in school. She would only complete about 10% of the homework assignments, would come to class without materials and otherwise unprepared, and refused to do work in class. Moreover, Respondent fell into a pattern of disruptive behavior which seriously interfered with the learning activities in the classroom. This behavior included yelling out in class, thereby breaking the silence required in a reading classroom, and showing open disrespect to her teacher by defying her authority and using abusive and foul language towards her. Respondent's behavior in Ms. Willson's class became so disruptive and unproductive that she was relegated to a separate table so as to separate her from other students. During these separations Respondent would sleep and did not benefit from any of the classroom activities. On other occasions, Respondent would defy her teacher's authority by simply leaving the room without permission. Ms. Willson attempted to improve Respondent's conduct in school by different methods, including a conference with the mother. Notwithstanding, there was no positive change in Respondent's behavior. As a result of Respondent's failure to make progress and depriving other students of making progress, she received a grade of "F3F," which constitutes a failing academic and conduct grade and the lowest rating for effort. Respondent was assigned to Ms. Ruddy, one of the school counselors, during the 1988/1989 school year. Because of the frequent conflicts that Respondent had with different teachers and the fact that she was not making progress Ms. Ruddy spent a disproportionate amount of time with her. Efforts by Ms. Ruddy to reactivate Respondent's interest in school were to no avail. Conferences with Respondent and her parents were ineffective. Respondent's skipping of classes became chronic; frequently Ms. Ruddy would find Respondent wandering the halls during normal class times. Further, Respondent frequently tried to engage other students in fighting both during classes and after school, and on one occasion Respondent pushed another student down the stairs. These latter acts can warrant expulsion. Like other schools within the Dade County School District, it is the practice at Madison Middle School for teachers and administrators to document troublesome student behavior. Written reports are made on Student Case Management Referral Forms, which are reserved to document serious behavior problems. Between September 8, 1988, and January 10, 1989, Respondent received eight Referral Forms from her teachers relating to disruptive and otherwise unacceptable conduct. Ms. Ruddy and the assistant principal, Barbara P. Bell, had numerous conferences with Respondent and her mother in an attempt to improve Respondent's behavior. Numerous techniques were considered, and in the process it was determined that the misbehavior of Respondent was not due to any learning disability, but was primarily the result of poor discipline. Madison Middle School is not geared to address the peculiar needs of students nor can it provide individual students with continuous special attention. For example, Ms. Ruddy, as a guidance counselor, has between 550 and 600 students assigned to her for counseling. The number of students assigned to her simply precludes any sort of in-depth, continuous, or special counseling for Respondent. By contrast, in an opportunity school there are far more counselors available to help develop students with individualized and continuous assistance. Moreover, at an opportunity school there is a full-time psychologist on staff, and the student to teacher ratio is less than half of what it is in a regular school program. As such, students can be provided with a much more structured and individualized program at an opportunity school. Both Ms. Ruddy and Ms. Bell are of the opinion that Respondent is simply not making any progress at Madison Middle School, and her disruptive behavior is preventing other students from benefiting from normal classroom activities. The more structured environment of an opportunity school could be of great benefit to Respondent and help her to resolve the discipline problems she is experiencing. Because of Respondent's poor grades, unacceptable conduct, and behavior which deprived other students of a learning experience, a child study team conference between teachers and an administrator was held at which the decision was reached to administratively assign Respondent to an opportunity school. At various times during the 1988/1989 school year Respondent's mother has requested that Respondent be tested for a learning disability and has refused consent for such testing. She has also requested that Respondent be transferred to the Opportunity School voluntarily and has refused to allow Respondent to be so transferred. During the course of the final hearing, Petitioner agreed that Respondent would be psychologically evaluated by Petitioner, resulting from the parent's request that such evaluation be performed. Although Respondent's Stanford Achievement Test scores are low to below average, it is the opinion of the school personnel having repeated contact with Respondent that her disruptive behavior and failure to do her work are not the result of a learning disability since she has been doing her work prior to October of 1988. They believe her conduct to be a result of lack of discipline. It is expected, however, that should the psychological evaluation indicate the possibility of a learning disability, the School Board of Dade County and Respondent's mother would permit and provide the appropriate testing to determine the presence of any learning disability in order to assist Respondent.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that a Final Order be entered assigning Respondent Shawanna Shaw to the Opportunity School Program at Jan Mann Opportunity School-North until such time as her performance reveals that she can be returned to the regular school program. DONE AND ENTERED this 18th day of July, 1989, in Tallahassee, Leon County, Florida. LINDA M. RIGOT 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 18th day of July, 1989. COPIES FURNISHED: Madelyn P. Schere, Esquire School Board Administration Building 1450 Northeast Second Avenue Miami, FL 33132 Dr. Joseph A. Fernandez Superintendent of Schools Dade County Public Schools School Board Administration Building 1450 Northeast Second Avenue Miami, FL 33132 Frank A. Howard, Jr., Esquire Board Attorney Dade County Public Schools School Board Administration Building 1450 Northeast Second Avenue Miami, FL 33132 Jaime C. Bovell, Esquire 370 Minorca Avenue Coral Gables, FL 33134 Mrs. Alberta Shaw 2360 N.W. 90th Street Miami, FL 33147
The Issue The issue for determination at the final hearing was whether the Respondent Mary Ann Phillips should be assigned to an alternative school placement. At the final hearing Kenneth Rogers, Assistant Principal, Homestead Junior High School, and Angela McCrenna, Assistant Principal at Campbell Drive Middle School, testified for the Petitioner. Petitioner's Exhibits 1-2 and Respondent's Exhibit 1 were offered and admitted into evidence.
Findings Of Fact During the 1982-83 school year, the Respondent Mary Ann Phillips was enrolled as a seventh grade student at Homestead Junior High School. On or about October 7, 1982, the Respondent Phillips was referred to Kenneth Rogers, Assistant Principal, by a Home Economics teacher as part of an investigation into the theft of another student's sewing supplies. The Respondent was found to be in possession of the stolen articles which included patterns, scissors and fabrics. A letter was sent to the Respondent's mother which requested a conference concerning this incident; however, no response was received from Mrs. Phillips. On November 30, 1982, six dollars was stolen from a purse during a class when the purse was placed unattended on a table. The students who had access to the purse were questioned by Rogers, who was told that the Respondent Phillips went into the purse while it was on the table. Rogers searched the Respondent and found six dollars in one of her books. As a result of this incident the Respondent was suspended from school for ten days. On February 7, 1983, the Respondent Phillips was again suspended for ten days for the theft of $27 from the purse of a substitute teacher. As a result of this incident, Rogers recommended an alternative placement for the Respondent Phillips. Following her difficulties at Homestead Junior High School, the Respondent Phillips received permission from the Petitioner to transfer schools and enroll as a regular student at Campbell Drive Middle School, but on a probationary status. The Respondent's mother was informed that the Respondent's continued placement at Campbell Drive was contingent on no further discipline problems arising. In May of 1983, Joanna Linardi, a teacher at Campbell Drive, discovered that her wallet was stolen during one of her classes. Linardi was missing cash and a large sum of money in the form of travelers checks. The next day a purse was found which was inadvertently left in a Home Economics class. The purse belonged to the Respondent, and among its contents were Linardi's wallet and travelers checks. Based on the Respondent's possession of the checks, an alternative placement was again recommended.
Recommendation Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED: That Petitioner enter a Final Order assigning Mary Ann Phillips to its opportunity school. DONE and ENTERED this 17th day of October, 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 17th day of October, 1983. COPIES FURNISHED: Larry Handfield, Esquire McCRARY AND VALENTINE, P.A. Suite 800 - Executive Plaza 3050 Biscayne Boulevard Miami, Florida 33137 Mitchell A. Horwich, Esquire Legal Services of Greater Miami, Inc. Northside Shopping Center 149 West Plaza, Suite 210 7900 N.W. 27th Avenue Miami, Florida 33147 Dr. Leonard Britton Superintendent of Schools School Board of Dade County Lindsey Hopkins Building 1410 Northeast Second Avenue Miami, Florida 33132
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
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
Findings Of Fact Alexander Harris was a student at Parkway Junior High School during the 1984-85 and 1985-86 school years until his assignment to the alternative school. He also attended summer school in 1985 For the school year 1984-85, Harris received final grades of F in four classes and C in two classes. The classes he passed were special placements in the exceptional education classes for the learning disabled in mathematics and language arts. Harris attended summer school in 1985 and received a final grade of F for the two classes he took. Harris has an extensive history of disciplinary problems. On September 13, 1984, he was referred for discipline for class disruption and refusal to do his assignment. On September 18, 1984, he was again referred for constantly causing class disruption. Three days later, on September 21, 1984, he was suspended for three days for throwing juice cartons in the cafeteria during lunch. Harris was again disciplined on October 18, 1984, for refusing to dress out for P.E. and using obscene language in speaking to the teacher. He was suspended for five days on February 11, 1985, for skipping class and running and hiding from the school administrator. On April 3, 1985, Harris was suspended for three days for fighting. Finally, on May 24, 1985, Harris was suspended for ten days and was recommended for expulsion for possession and concealment of a loaded gun on the school campus during school hours. Harris was not expelled, but the recommendation was changed to that at issue in these proceedings.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the School Board of Dade County enter a Final Order assigning Alexander Harris to the alternative school program at Jan Mann Opportunity School-North. DONE and ORDERED this 19th day of February, 1986, in Tallahassee, Florida. DIANE K. KIESLING, Hearing Officer Division of Administrative Hearings The Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32399 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 19th day of February, 1986. COPIES FURNISHED: Frank R. Harder, Esquire 2780 Galloway Road (87th Avenue) Suite 100, Twin Oaks Building Miami, Florida 33165 Mrs. Essie Harris, Mother of Alexander Harris P. O. Box 2464 Miami, Florida 33055 Dr. Leonard Britton Superintendent of Schools Dade County Public Schools Board Administration Building 1450 N.E. Second Avenue Miami, Florida 33132 Mrs. Maeva Hipps 1415 N.E. 2nd Avenue Miami, Florida 33136
Findings Of Fact The Respondent 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
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 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 In the 1984-1985 regular school year. Eduardo Hernandez was in the 7th grade at Nautilus Junior High School. On December 4, 1984 Eduardo disrupted science teacher Ralph William Schmidt's science class by speaking loudly in Spanish and called the teacher a pejorative name in Spanish before the entire class. He was assigned classroom detention by Mr. Schmidt which he did not serve. On December 6, 1985 Mr. Schmidt tried to send him to the principal, Mr. Walker, with a note of detention but Eduardo ran out of the room. On that date, Eduardo wrote some obscene notes to Mr. Walker containing curse words in Spanish and passed the notes in class. On February 6, 1985 Eduardo wrote with blue magic marker on a science lab table. Thereafter, the same markings (fancy signature marks and cartoons) were discovered in bathroom stalls, on desks, and other parts of the school and Eduardo and another boy were discovered in the vicinity with blue magic markers in their possession. Dr. Paul Smith, assistant principal of Nautilus Jr. High School confirmed that Eduardo was referred for discipline as a result of this incident. In this year, Eduardo's science grades were mostly failures with many absences. He frequently disrupted the concentration of other students in the class. Some days he was cooperative and other days he was not. In most cases he was disruptive and discourteous to the teacher and students. In response to many referrals by Mr. Schmidt, Dr. Paul Smith, spoke to Eduardo on a number of occasions. Very frequently Dr. Smith was required to speak with him about tardiness and cutting classes. In the first nine weeks grading period alone Eduardo was absent without proper excuse two times from one class, two times from another class and three times from another. On December 11, 1984 Dr. Smith counselled with Eduardo due to a disruptive behavior referral from another teacher, Mr. Lawless. On January 18, 1985, Dr. Smith personally received Eduardo when he was brought to school by the police as a truant. On another occasion, Dr. Smith caught Eduardo "skipping" or truant after lunch period. On March 19, 1985 Dr. Smith counselled with Eduardo on a referral for disruptive behavior in the classroom of another teacher, Mr. Burger. On April 1, 1985, Eduardo was brought to the office for refusing to work in class and he thereafter left the office without permission from Dr. Smith. Throughout the 1984-1985 school year, Eduardo's unexcused absences increased and his grades decreased. Eventually he was absent 20 days out of 45 in a grading period. His highest grade was a "D" and the others were failing or - unsatisfactory, designated as "F3F." In Dr. Smith's opinion, Eduardo cannot successfully complete a regular school program and although the Opportunity School may not be the only acceptable program, it was selected as the best solution under present circumstances. Jorge A. Hernandez opposed the alternative school assignment on the basis of danger from other students behavior to his son. He did not challenge the existence of his son's prior disruptive behavior but submitted that a telecommunication program would be a better alternative if Eduardo cannot be returned to a regular school program. He offered that Eduardo's behavior will change since Eduardo is now living with his father and certain family stresses contributing to his disruptive behavior have been resolved.
Recommendation Upon the foregoing findings of fact and conclusions of law, it is recommended that the School Board enter a final order continuing the alternative placement of Eduardo Harnandez at Jan Mann Opportunity School-North until such time as an annual or other evaluation indicates other appropriate assignment. DONE and ORDERED this 27th day of September, 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 27th day of September, 1985. COPIES FURNISHED: Madelyn P. Schere, Esquire Assistant Board Attorney Dade County Public Schools, Board Administration Building 1450 Northeast Second Avenue Miami, Florida 33132 Frank R. Harder, Esquire Twin Oaks Building Suite 100, 2780 Galloway Road Miami, Florida 33165 Mr. Jorge Hernandez 461 Southwest 10th Street, Apt 2 Miami Beach, Florida 33130 Mrs. Maeva Hipps School-Board Clerk 1450 Northeast 2nd Avenue, Room 401 Miami, Florida 33132 Dr. Leonard Britton Superintendent of Schools Dade County Public Schools Board Administration Building 1450 Northeast Second Avenue Miami, Florida 33132 Mrs. Maeva Hipps School Board Clerk 1450 Northeast 2nd Avenue, Room 401 Miami, Florida 33132 Dr. Leonard Britton Superintendent of Schools Dade County Public Schools Board Administration Building 1450 Northeast Second Avenue Miami, Florida 33132
