T.J., A CHILD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 5th DCA | 2004-03-12
No. 5D03-1927
GRIFFIN and PLEUS, JJ., concur.
867 So. 2d 1238 Florida District Court of Appeal, Fifth District (2004) Positive Treatment
Cited by 10 cases

AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.

Synopsis

T.J., a minor, was charged with disrupting an educational institution under Florida Statute § 877.13 after being removed from class for disruptive behavior and continuing that behavior in front of a learning community assistant. The court affirmed the withheld adjudication of delinquency, holding that T.J.'s prolonged disruptive conduct—including cursing, rapping, and refusing to comply for 20 minutes—constituted disruption of a normal school function.


Holding

The court held that T.J.'s sustained disruptive behavior—continuing to curse, rap, and remain irate for 20 minutes while preventing Rogers from processing him and assisting other students—constituted prohibited disruption of an educational institution under § 877.13, even though Rogers's position included addressing behavioral problems.


Headnotes

[1] Disrupting or interfering with the lawful administration or functions of an educational institution requires acts specifically and intentionally designed to stop or tempo…

[2] A student's continued disruptive behavior, including cursing and refusing to calm down after being removed from a classroom, can constitute a disruption of an educational…

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Key Quotes

“The statute seeks to prohibit acts which are 'specifically and intentionally designed to stop or temporarily impede the progress of any normal school function or activity occurring on the school's property.'”

Establishes the legal standard for what constitutes prohibited disruption under § 877.13

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Facts & Procedural History

T.J. was removed from his classroom for being disruptive and reported to Leon Rogers, a learning community assistant. T.J. continued his disruptive be…

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Opinion of the Court
THOMPSON, J.

THOMPSON, J.

T.J., a minor, appeals the withheld adjudication of delinquency for disrupting an educational institution. We affirm.

On the day of the incident, T.J. was placed out of his classroom for being dis ruptive and reported to Leon Rogers. Rogers was a learning community assistant who assists disruptive students by attempting to return them to class once they have been removed. Rogers testified that T.J. continued to be disruptive when T.J. reported to him:' “he never calmed down; he kept cursing, rapping, and being irate for’ at least 20 minutes.” 'After spending about 20 minutes trying to calm T.J., Rogers called security because he felt he was unable to control T.J. by himself. The security officer attempted to calm T.J., but T.J. would not comply, and ultimately, T.J. was arrested.

T.J. contends that there was insufficient evidence that he interfered or disrupted a normal school function. Section 877.13, Florida Statutes, provides:

(1) It is unlawful for any person:
(a) knowingly to disrupt or interfere with the lawful administration or functions of any educational institution, school board, or activity on school board property in this state.

“The statute seeks to prohibit acts which are ‘specifically and intentionally designed to stop or temporarily impede the progress of any normal school function or activity occurring on the school’s property.’ ” T.H. v. State, 797 So. 2d 1291 (Fla. 4th DCA 2001) (quoting M.C. v. State, 695 So. 2d 477, 483 (Fla. 3d DCA 1997)).

Here, T.J. was removed from his classroom for being disruptive and continued that behavior before the person assigned to assist him. Rogers testified that he tried to calm T.J. by calling his name, explaining that his behavior was not appropriate, and asking him to take a seat. T.J. interrupted anyone who came to the common area where Rogers was located, and Rogers was unable to assist two other students who were placed out of class. When the security officer explained what would happen if he did not calm down, T.J. said that he did not care and did not want to be in that school anyway. This behavior constitutes the disruption of an educational institution. Compare M.C. v. State, 695 So. 2d 477 (Fla. 3d DCA 1997) (holding that appellant’s conduct amounted to prohibited conduct under section 877.13 where secretaries and aides in the office were temporarily unable to perform their clerical duties, the school police officer was drawn away from completing an arrest of appellant’s brother, and students who joined in protest were distracted from their classes or other school activities).

Next, T.J. argues that he did not disrupt any normal school function because Rogers’s job description included addressing behavioral problems of disruptive students. Assuming this argument is preserved for review, we disagree. Although Rogers assists students with behavioral problems, Rogers explained that “processing” a student meant that after a student is removed from a classroom, he would speak with the student in the common area, attempt to find out why the teacher placed the student out of the class, and assist in returning the student to the class. Instead of taking advantage of the second chance offered him and allowing Rogers to help him return to the classroom, T.J. continued his disruptive behavior by preventing Rogers from “processing” him and by preventing Rogers from assisting the two other students who were placed out of class.

AFFIRMED.

GRIFFIN and PLEUS, JJ., concur.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

  • C.R. v. State, 927 So. 2d 216 (Fla. 5th DCA 2006)
    …PER CURIAM. AFFIRMED. See T.J. v. State, 867 So. 2d 1238 (Fla. 5th DCA 2004) (stating even a student with special needs may violate section 877.13, Florida Statutes, if he disrupts an educational institution’s functions by shouting, yelling, and refusing to calm down when so instructed by school personnel…
  • A.M.P. v. State, 927 So. 2d 97 (Fla. 5th DCA 2006)
    …, have recognized that this “statute seeks to prohibit acts which are ‘specifically and intentionally designed to stop or temporarily impede the progress of any normal school function or activity occurring on the school’s property.’ ” T.J. v. State, 867 So. 2d 1238 (Fla. 5th DCA 2004), quoting M.C. v. State, 695 So. 2d 477, 483 (Fla. 3d DCA 1997). A broad interpretation of the statute would turn virtually every infraction of school rules into a criminal act to the extent that the infraction occurred on school…
  • M.M. v. State, 997 So. 2d 472 (Fla. 5th DCA 2008)
    …t M.M. knew there were other students on the bus as it prepared to leave and that by leaving the bus he disrupted its schedule, as well as the schedule of other buses. That is sufficient to establish a violation of section 877.13. See T.J. v. State, 867 So. 2d 1238 (Fla. 5th DCA 2004) (student’s refusal to calm down, despite repeated warnings, which interfered with community assistant’s ability to assist other students, was a violation of section 877.13); T.T. v. State, 865 So. 2d 674 (Fla. 4th DCA 2004) (stud…

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