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BROWARD COUNTY SCHOOL BOARD vs AUTOMOTIVE TECHNCAL CHARTER HIGH SCHOOL OF SOUTH FLORIDA, INC., 12-001258 (2012)

Court: Division of Administrative Hearings, Florida Number: 12-001258 Visitors: 27
Petitioner: BROWARD COUNTY SCHOOL BOARD
Respondent: AUTOMOTIVE TECHNCAL CHARTER HIGH SCHOOL OF SOUTH FLORIDA, INC.
Judges: JUNE C. MCKINNEY
Agency: County School Boards
Locations: Fort Lauderdale, Florida
Filed: Apr. 11, 2012
Status: Closed
Recommended Order on Friday, August 10, 2012.

Latest Update: Oct. 03, 2012
Summary: Whether Broward County School Board has good cause to non- renew Automotive Technical Charter High School of South Florida, Inc.'s Charter School Agreement.School Board met the burden to establish good cause to non-rew the Charter School upon both statutory and contractual grounds.
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THE SCHOOL BOARD OF BROWARD COUNTY, FLORIDA BROWARD COUNTY SCHOOL BOARD,

Petitioner, DOAH CASE No. 12-1258

vs. SBBC Agenda: 091912HH03


AUTOMOTIVE TECHNICAL CHARTER HIGH SCHOOL OF SOUTH FLORIDA, INC.,

Respondent.

/


FINAL ORDER


THIS CAUSE came before THE SCHOOL BOARD OF BROWARD COUNTY,


FLORIDA at its meeting conducted on September 19, 2012, to consider the Recommended Order entered on August 10, 2012, by the Honorable June C. McKinney, Administrative Law Judge of the State of Florida Division of Administrative Hearings.

IT IS THEREUPON ADJUDGED that:


  1. No party filed exceptions;


  2. The Recommended Order is adopted in its entirety as incorporated herein by reference; and

  3. THE SCHOOL BOARD OF BROWARD COUNTY, FLORIDA declines to renew the Charter School Agreement for AUTOMOTIVE TECHNICAL CHARTER HIGH SCHOOL OF SOUTH FLORIDA, INC. (hereafter referred to as “PARKWAY ACADEMY”), upon the: (1) failure to meet the requirements for student performance stated in PARKWAY ACADEMY’s Charter School Agreement including the school’s status as a “school in need of improvement” for more than two years; (2) failure to use instructors having proper certification


Page 1 of 4


Filed October 3, 2012 12:00 PM Division of Administrative Hearings


LOIS TEPPER, INTERIM GENERAL COUNSEL

Department of Education Suite 1244

Turlington Building 325 West Gaines Street

Tallahassee, Florida 32399-0400


MATTHEW J. CARSON, ESQUIRE

Rumberger, Kirk and Caldwell, P.A.

Co-Counsel for Respondent Parkway Academy 215 South Monroe Street

Post Office Box 10507 Tallahassee, Florida 32302 mcarson@rumberger.com


DANIEL J. WOODRING, ESQUIRE

The Woodring Law Firm

Co-Counsel for Respondent Parkway Academy Suite 1-C

203 North Gadsden Street Tallahassee, Florida 32301 daniel@woodringlawfirm.com


STATE OF FLORIDA, DIVISION OF ADMINISTRATIVE HEARINGS

The DeSoto Building 1230 Apalachee Parkway

Tallahassee, Florida 32399-3060


APPEAL OF FINAL ORDER


Pursuant to Section 120.68, Fla. Sta., a party to this proceeding may seek judicial review of this Final Order in the appropriate district court of appeal by filing a notice of appeal with Noemi Gutierrez, Agency Clerk, Official School Board Records, The School Board of Broward County, Florida, 600 Southeast Third Avenue – 2nd Floor, Fort Lauderdale, Florida 33301, on or before thirty (30) days from the date of this Final Order. A copy of the notice and a copy of this Final Order, together with the appropriate filing fee, must also be filed with the Clerk, Fourth District Court of Appeal, 1525 Palm Beach Lakes Boulevard, West Palm Beach, Florida 33401- 2399. If you fail to file your notice of appeal within the time prescribed by laws and the rules of court, you will lose your right to appeal this Final Order.


j fritz\allwork\x_agenda\2012\09-19-12-HH-03-automotive technical-parkway academy-vignola/ 091912HH-03-Final Order s:v:/allwork/charter/parkway/pleading/finalorder


Docket for Case No: 12-001258
Issue Date Proceedings
Oct. 03, 2012 Agency Final Order filed.
Oct. 03, 2012 Agency Transmittal Letter filed.
Aug. 10, 2012 Recommended Order (hearing held June 5, 2012). CASE CLOSED.
Aug. 10, 2012 Recommended Order cover letter identifying the hearing record referred to the Agency.
Jul. 06, 2012 School Board's Proposed Recommended Order filed.
Jul. 05, 2012 Automotive Technical Charter High School of South Florida, Inc.'s Proposed Recommended Order filed.
Jun. 26, 2012 Transcript of Hearing (not available for viewing) filed.
Jun. 25, 2012 Respondent School Board's Notice of Service of Transcript filed.
Jun. 11, 2012 Respondent's Proposed Exhibits (exhibits not available for viewing)
Jun. 06, 2012 Petitioner's Proposed Exhibits (exhibits not available for viewing)
Jun. 05, 2012 CASE STATUS: Hearing Held.
Jun. 04, 2012 CASE STATUS: Pre-Hearing Conference Held.
Jun. 01, 2012 Automotive Technical Charter High School of South Florida, Inc.'s Motion to Address Preliminary Matter filed.
Jun. 01, 2012 Respondent School Board's Response to Petitioner Parkway's First Request for Production filed.
Jun. 01, 2012 Respondent School Board's Pre-hearing Memorandum filed.
May 31, 2012 Order Denying Continuance of Final Hearing.
May 31, 2012 Fourth Amended Notice of Hearing (hearing set for June 5 and 6, 2012; 9:00 a.m.; Fort Lauderdale, FL; amended as to Live Hearing, Hearing Dates, and Location).
May 31, 2012 Automotive Technical Charter High School of South Florida, Inc.'s Motion for Continuance filed.
May 31, 2012 Third Amended Notice of Hearing by Video Teleconference (hearing set for June 6, 2012; 9:00 a.m.; Lauderdale Lakes and Tallahassee, FL; amended as to Video and Hearing Locations).
May 30, 2012 Automotive Technical Charter High School of South Florida, Inc.'s Witness and (Proposed) Exhibit Lists, and Response to School Board's Request to Produce filed.
May 30, 2012 Second Amended Notice of Hearing (hearing set for June 5 and 6, 2012; 9:00 a.m.; Fort Lauderdale, FL; amended as to Hearing Location).
May 25, 2012 Automative Technical Charter High School of South Florida, Inc.'s First Request for Production to Broward County School Board filed.
May 25, 2012 Notice of Appearance (Daniel Woodring) filed.
May 25, 2012 Notice of Appearance (Matthew Carson) filed.
May 25, 2012 Respondent School Board's Notice of Witnesses and (Proposed) Exhibits filed.
May 07, 2012 Amended Notice of Hearing (hearing set for June 5 and 6, 2012; 9:00 a.m.; Sunrise, FL; amended as to Hearing Location ).
May 04, 2012 Respondent School Board's First Request to Produce to Petitioner Parkway filed.
Apr. 18, 2012 Order of Pre-hearing Instructions.
Apr. 18, 2012 Notice of Hearing (hearing set for June 5 and 6, 2012; 9:00 a.m.; Fort Lauderdale, FL).
Apr. 12, 2012 Notice sent out that this case is now before the Division of Administrative Hearings.
Apr. 11, 2012 Referral Letter filed.
Apr. 11, 2012 Request for Hearing filed.
Apr. 11, 2012 Agency action letter filed.

Orders for Case No: 12-001258
Issue Date Document Summary
Sep. 19, 2012 Agency Final Order
Aug. 10, 2012 Recommended Order School Board met the burden to establish good cause to non-rew the Charter School upon both statutory and contractual grounds.
Source:  Florida - Division of Administrative Hearings

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