The appeal must be sustained in part. When respondent affirmed the superintendent's decision, this appeal followed.
Petitioners request that the determination and penalty be set aside as excessive.
The record established that the hearing officer's determination of guilt was based on competent and substantial evidence. Jason does not dispute that he engaged in some of the conduct of which he was found guilty. Consequently, there is no basis to overrule respondent's decision upholding the determination of guilt. Jason's anecdotal record reveals that Jason was disciplined for acts of insubordination and disruptive behavior 34 times during the 1994-95 school year, including incidents of abusive language, failing to follow directives, and smoking on school grounds. While petitioners challenge the accuracy and appropriateness of certain entries in the anecdotal record, they concede five of the entries.