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  5. RENAISSANCE CHARTER SCHOOL, INC., AND RENAISSANCE CHARTER SCHOOL AT TRADITION vs ST. LUCIE COUNTY SCHOOL BOARD, 14-003267 (2014)

RENAISSANCE CHARTER SCHOOL, INC., AND RENAISSANCE CHARTER SCHOOL AT TRADITION vs ST. LUCIE COUNTY SCHOOL BOARD, 14-003267 (2014)

Court: Division of Administrative Hearings, Florida Number: 14-003267 Visitors: 140
Petitioner: RENAISSANCE CHARTER SCHOOL, INC., AND RENAISSANCE CHARTER SCHOOL AT TRADITION
Respondent: ST. LUCIE COUNTY SCHOOL BOARD
Judges: DARREN A. SCHWARTZ
Agency: Department of Education
Locations: Fort Pierce, Florida
Filed: Jun. 15, 2017
Status: Closed
DOAH Final Order on Tuesday, June 30, 2015.
Latest Update: Feb. 09, 2018
Summary: Whether Petitioners, Renaissance Charter School, Inc., and Renaissance Charter School at Tradition, can be required by the St. Lucie County School Board ("School Board") to offer regular school busing to all eligible charter school students residing more than two miles from the charter school. Whether Petitioner, Renaissance Charter School at Tradition, breached its contract with the School Board by not providing transportation to students in accord with the parties' charter school contract and
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14003267 Mandate

M A N D A T E

from

DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT

This cause having been brought to the Court by appeal, and after due consideration the Court having issued its opinion;

YOU ARE HEREBY COMMANDED that such further proceedings be had in said cause as may be in accordance with the opinion of this Court, and with the rules of procedure and laws of the State of Florida.

WITNESS the Honorable Cory J. Ciklin, Chief Judge of the District Court of Appeal of the State of Florida, Fourth District, and seal of the said Court at West Palm Beach, Florida on this day.

DATE: May 26, 2017

CASE NO.: 15-2905

COUNTY OF ORIGIN: St. Lucie

T.C. CASE NO.: 14-3267, 14-4045RU

STYLE: ST. LUCIE COUNTY

SCHOOL BOARD

v. RENAISSANCE CHARTER SCHOOL, INC., et al.



Served:


cc: Johnathan A. Ferguson Major B. Harding

Erik Matthew Figlio


Stephanie Alexander Barbara Lee Sadaka Division Of Admin. Hearings


Elizabeth Coke Reid A. Cocalis


ll


Docket for Case No: 14-003267
Issue Date Proceedings
Feb. 09, 2018 Transmittal letter from Claudia Llado forwarding the two-volume Transcript, along with Exhibits to the agency.
Jan. 12, 2018 Order Closing Files. CASE CLOSED.
Jan. 11, 2018 CASE STATUS: Status Conference Held.
Jan. 02, 2018 CASE STATUS: Status Conference Held.
Nov. 13, 2017 Notice of Pending Settlement filed.
Oct. 13, 2017 Order Granting Extension of Time.
Oct. 13, 2017 Fifth Unopposed Motion for Extension of Time filed.
Sep. 14, 2017 Order Granting Extension of Time.
Sep. 14, 2017 Fourth Unopposed Motion for Extension of Time (filed in Case No. 14-004045RU).
Aug. 14, 2017 Order Granting Extension of Time.
Aug. 11, 2017 Second Unopposed Motion for Extension of Time filed.
Jul. 28, 2017 Order Granting Extension of Time.
Jul. 27, 2017 Unopposed Motion for Extension of Time filed.
Jun. 15, 2017 Order Lifting Stay and Amended Scheduling Order on Attorney's Fees and Costs.
Jun. 15, 2017 CASE STATUS: Status Conference Held.
May 26, 2017 Mandate filed.
May 04, 2017 BY ORDER OF THE COURT: appellant's motion for attorney's fees and costs is denied.
May 04, 2017 BY ORDER OF THE COURT: appellees' motion for attorney's fees is granted. On remand, the trial court shall set the amount of attorney's fees to be awarded for this appellate case.
May 04, 2017 Opinion filed.
Jan. 24, 2017 BY ORDER OF THE COURT: joint motion to reschedule oral argument is granted.
Jan. 23, 2017 Joint Motion to Reschedule Oral Argument on Expedited Basis filed.
Jan. 19, 2017 BY ORDER OF THE COURT: Oral Argument is set for March 28, 2017.
Dec. 08, 2016 BY ORDER OF THE COURT: oral argument scheduled for Tuesday is cancelled.
Oct. 28, 2016 BY ORDER OF THE COURT: Oral Argument is set for January 24, 2017, at 9:30 a.m. for 15 minutes.
Jun. 27, 2016 Appellee's Motion for Attorneys' Fees andf Costs filed.
Jun. 27, 2016 Request for Oral Argument filed.
Jun. 24, 2016 Reply Brief of Appellant, St. Lucie County School Board filed.
Jun. 24, 2016 Motion for Appellate Attorney's Fees and Costs filed.
May 24, 2016 Notice of Agreed 30-day Extension filed.
May 06, 2016 Answer Brief of Appellees, Renaissance Charter School, Inc., and Renaissance Charter School at Tradition filed.
Apr. 25, 2016 BY ORDER OF THE COURT: appellees' unopposed motion for extension of time is granted.
Apr. 20, 2016 Appellees' Unopposed Motion for Extension of Time to File Answer Brief filed.
Mar. 14, 2016 Notice Pursuant to Administrative Order No. 2016-1 of Second Agreed Extension of Time to File Answer Brief filed.
Jan. 13, 2016 Notice Pursuant to Administrative Order No. 2011 of Agreed Extension of Time to File Answer Brief filed.
Jan. 04, 2016 Initial Brief of Appellant, St. Lucie County School Board filed.
Oct. 06, 2015 Notice of Agreed 60-Day Extension filed.
Sep. 17, 2015 Index, Record, and Certificate of Record sent to the Fourth District Court of Appeal.
Aug. 12, 2015 Index (of the Record) sent to the parties of record.
Aug. 12, 2015 Invoice for the record on appeal mailed.
Aug. 06, 2015 Order Granting Motion for Stay of Attorney`s Fees and Costs Determination.
Jul. 31, 2015 Acknowledgment of New Case, Fourth DCA Case No. 4D15-2905 filed.
Jul. 31, 2015 Filing Fee Receipt filed.
Jul. 31, 2015 Respondent's Motion for Stay of Attorney's Fees & Costs Determination filed.
Jul. 29, 2015 Notice of Appeal filed and Certified copy sent to the Fourth District Court of Appeal this date.
Jul. 09, 2015 Order Granting Extension of Time to File Motion for Attorneys` Fees and Supporting Documentation.
Jul. 08, 2015 Petitioners' Unopposed Motion for Extension of Time to File Motion for Attorneys' Fees and Supporting Documentation filed.
Jul. 07, 2015 Respondent's Notice of Unavailability filed.
Jul. 01, 2015 Scheduling Order on Attorney`s Fees and Costs.
Jun. 30, 2015 Final Order (hearing held February 2 and 3, 2015). DOAH JURISDICTION RETAINED.
Jun. 30, 2015 Order Denying Motion to Strike as Moot.
Jun. 03, 2015 Petitioners' Opposition to Respondent's Motion to Strike Proposed Finding of Fact and Conclusions of Law in Petitioners' Proposed Final Order as Unsuported in the Record filed.
May 28, 2015 Respondent's Motion to Strike Proposed Findings of Fact and Conclusions of Law in Petitioners' Proposed Final Order as Unsupported by the Record filed.
May 26, 2015 Petitioner's Proposed Final Order filed.
May 26, 2015 (Respondent's) Proposed Final Order (filed in Case No. 14-004045RU).
May 14, 2015 Order Granting Extension of Time.
May 14, 2015 Petitioners' Partially Unopposed Motion for Extension of Time to File Proposed Final Orders filed.
May 07, 2015 Order Granting Extension of Time.
May 06, 2015 Petitioners' Unopposed Motion for Extension of Time to File Proposed Final Orders filed.
Apr. 17, 2015 Order Granting Extension of Time.
Apr. 17, 2015 Petitioners' Unopposed Motion for Extension of Time to File Proposed Final Orders filed.
Mar. 26, 2015 Order Granting Extension of Time.
Mar. 24, 2015 Respondent's Unopposed Motion for Extension of Time to File Proposed Final Orders filed.
Mar. 10, 2015 Order Granting Extension of Time.
Mar. 09, 2015 Petitioners' Unopposed Motion for Extension of Time to File Proposed Final Orders filed.
Mar. 02, 2015 Transcript Volume I-II (not available for viewing) filed.
Feb. 02, 2015 CASE STATUS: Hearing Held.
Jan. 30, 2015 Order Granting Respondent's Emergency Motion to Allow Witness Testimony Telephonically and Out of Order.
Jan. 30, 2015 Emergency Motion to Allow Witness Testimony Telephonically and Out of Order (filed in Case No. 14-004045RU).
Jan. 29, 2015 Respondents Notice of Filing Affidavit of Service (Ken Haiko) filed.
Jan. 29, 2015 Respondents Notice of Filing Affidavit of Service (Alana Houghton) filed.
Jan. 29, 2015 Respondents Notice of Filing Affidavit of Service (Karen White) filed.
Jan. 29, 2015 Respondents Notice of Filing Affidavit of Service (Stacy Schmit) filed.
Jan. 29, 2015 Respondents Notice of Filing Affidavit of Service (LInda Hamilton-Herzog) filed.
Jan. 29, 2015 Respondents Notice of Filing Affidavit of Service (Derek Kelmanson) filed.
Jan. 29, 2015 Respondent's Notice of Filing Affidavit of Service (Richard Page) filed.
Jan. 29, 2015 Cross-Notice of Deposition (filed in Case No. 14-004045RU).
Jan. 29, 2015 Parties' Joint Prehearing Stipulation (filed in Case No. 14-004045RU).
Jan. 27, 2015 Notice of Taking Deposition (of Adam Miller) filed.
Jan. 22, 2015 Order Granting Extension of Time.
Jan. 21, 2015 Petitioners' Motion for Extension of Time (filed in Case No. 14-004045RU).
Jan. 16, 2015 Respondent's Answer to Amended Petition Seeking an Administrative Determination of the Invalidity of School Board Statements That Meet the Definition of Unadopted Rules and Also Seeking a Determination That Certain School Board Adopted Rules Are Void for Lack of Delegated Legislative Authority filed.
Jan. 15, 2015 Amended Notice of Hearing (hearing set for February 2 and 3, 2015; 9:00 a.m.; Fort Pierce, FL; amended as to hearing location and issues).
Jan. 06, 2015 Order Granting Petitioners` Unopposed Motion for Leave to File Amended Rule Challenge Petition.
Dec. 29, 2014 Petitioners' Unopposed Motion for Leave to File Amended Rule Challenge Petition filed.
Dec. 19, 2014 Respondent's Third Request for Production of Documents filed.
Dec. 10, 2014 Order Granting Continuance and Re-scheduling Hearing (hearing set for February 2 and 3, 2015; 9:00 a.m.; Port St. Lucie, FL).
Dec. 05, 2014 Order on Motion for Extension of Time.
Dec. 05, 2014 (Respondent's) Notice of Unavailability filed.
Dec. 04, 2014 Joint Motion for Continuance of Final Hearing filed.
Dec. 03, 2014 Notice of Appearance (Elizabeth Coke) filed.
Dec. 03, 2014 Notice of Appearance (William Williams, filed in Case No. 14-004045RU).
Dec. 03, 2014 Petitioners' Amended and Unopposed Motion for Brief Extension of Time to File Pre-hearing Stipulation filed.
Dec. 01, 2014 Respondent's Answers to Petitioners' First Set of Interrogatories filed.
Dec. 01, 2014 Petitioners' Unopposed Motion for Brief Extension of Time to File Joint Pre-hearing Stipulation filed.
Nov. 21, 2014 Notice of Taking Depositions (of Linda Hamilton-Herzog, Alana Houghton, and Karen White) filed.
Nov. 21, 2014 Notice of Taking Deposition (of Corporate Representative for St. Lucie County School Bus System) filed.
Nov. 21, 2014 Order on Motions.
Nov. 20, 2014 CASE STATUS: Motion Hearing Held.
Nov. 20, 2014 Amended Notice of Telephonic Motion Hearing (motion hearing set for November 20, 2014; 10:00 a.m.; amended as to respondent`s motion for summary final order and filing date).
Nov. 20, 2014 Respondent's Objection to and Motion to Strike Petitioner's Seventh Notice of Filing and Request for Judicial Recognition filed.
Nov. 20, 2014 Respondent's Objection to and Motion to Strike Petitioner's Sixth Notice of Filing and Request for Judicial Recognition filed.
Nov. 19, 2014 Petitioners' Seventh Notice of Filing and Request for Judicial Recognition filed.
Nov. 19, 2014 Petitioners' Motion to Compel and for Reconsideration of Protective Order Regarding Deposition of Superintendent Genelle Yost filed.
Nov. 19, 2014 Petitioners' Sixth Notice of Filing and Request for Judicial Recognition filed.
Nov. 18, 2014 Respondent's Objection to and Motion to Strike Petitioner's Revised Fourth Notice of Filing and Request for Judicial Recognition filed.
Nov. 18, 2014 Petitioners' Revised Fourth Notice of Filing and Request for Official Recognition filed.
Nov. 17, 2014 Respondent's Objection to and Motion to Strike Petitioner's Fifth Notice of Filing and Request for Judicial Recognition filed.
Nov. 17, 2014 Petitioners' Fifth Notice of Filing and Request for Judicial Recognition filed.
Nov. 17, 2014 Petitioners' Notice of Filing Answers to First Set of Interrogatories to Respondent filed.
Nov. 17, 2014 Petitioners' Response to Respondent's Second Request for Production filed.
Nov. 14, 2014 Order Granting Respondent's Emergency Motion for Protective Order Regarding Testimony of Superintendent Genelle Yost.
Nov. 13, 2014 Notice of Telephonic Motion Hearing (motion hearing set for November 20, 2014; 10:00 a.m.).
Nov. 13, 2014 Petitioners' Opposition to Respondent's Emergency Motion for Protective Order Regarding Testimony of Superintendent Genelle Yost filed.
Nov. 13, 2014 Notice of Filing Return of Service (Derek Kelmanson) filed.
Nov. 12, 2014 Petitioner's Notice of Filing First Set of Interrogatories to Respondent filed.
Nov. 12, 2014 Order Denying Petitioners' Motion for Summary Final Order.
Nov. 10, 2014 CASE STATUS: Motion Hearing Held.
Nov. 10, 2014 Respondent's Motion to Compel Discovery Responses filed.
Nov. 10, 2014 Respondent's Emergency Motion for Protective Order Regarding Testimony of Superintendent Genelle Yost filed.
Nov. 10, 2014 Respondent's Objection to Petitioner's Motion for Ruling Dismissing Respondent's Counter-Petition (and the Contractual Arguments Therein) As Being Mooted by Adoption of the Florida Standard Charter Contract by the State Board of Education on Nov. 18, 2014 filed.
Nov. 10, 2014 Respondent's Objection to and Motion to Strike Petitioner's Fourth Notice of Filing and Request for Judicial Recognition filed.
Nov. 10, 2014 Second Re-notice of Taking Depositions Duces Tecum (of Ken Haiko, Derek Kelmanson, and Corporate Representative for Renaissance Charter School) filed.
Nov. 10, 2014 Petitioners' Notice of Filing Objections to Respondent's Notices of Filing filed.
Nov. 07, 2014 Petitioners' Opposition to Respondent's Motion for Summary Final Order in Case No. 14-4045RU filed.
Nov. 07, 2014 Amended Notice of Taking Deposition (of Kathleen McGinn and Genelle Yost) filed.
Nov. 07, 2014 Petitioners' Motion for Ruling Dismissing Respondent's Counter-Petition (and the Contractual Arguments Therein) as Being Mooted by Adoption of the Florida Standard Charter Contract by the State Board of Education on Nov. 18, 2014 filed.
Nov. 07, 2014 Petitioners' Fourth Notice of Filing and Request for Judicial Recognition filed.
Nov. 06, 2014 Re-notice of Taking Deposition (of Derek Kelmanson and Corporate Representative for Renaissance Charter School) filed.
Nov. 06, 2014 Respondent's, The School Board of St. Lucie County, Florida, Motion for Summary Final Order in Case 14-4045RU (filed in Case No. 14-004045RU).
Nov. 06, 2014 Respondents Second Re-notice of Taking Deposition Duces Tecum (of Stacy Schmit) filed.
Nov. 05, 2014 Respondent's Opposition to Petitioners' Motion for Judical Recognition/Determination on Respondent's Admitted Charter Busing Policy and Motion to Strike Contrary Denial filed.
Nov. 04, 2014 Order Denying Continuance of Final Hearing.
Nov. 04, 2014 Respondent's Notice of Filing Objection to Petitioners' Third Notice of Filing and Request for Judicial Recognition filed.
Nov. 03, 2014 Respondent's Opposition to Petitioners' Motion for Continuance filed.
Nov. 03, 2014 Respondent's Notice of Court Reporter Attendance at 11/10/14 Telephonic Motion Hearing filed.
Nov. 03, 2014 Respondent's Notice of Filing Charter School Transportation 101: Providing Transportation to Charter Schools (attachment filed seperately) filed.
Nov. 03, 2014 Respondent's Notice of Filing Charter School Transportation 101 filed.
Nov. 03, 2014 Respondent's Notice of Filing Charter Schools Transportation Resource Guide filed.
Nov. 03, 2014 Respondent's Notice of Filing Renaissance Charter School at Tradition Student Transportation Policy filed.
Nov. 03, 2014 Respondent's Notice of Filing Affidavit of Kathleen McGinn filed.
Nov. 03, 2014 Respondent's Notice of Filing Affidavit of Christine L. Harrison filed.
Nov. 03, 2014 Respondent's Memorandum in Opposition to Petitioners' Motion for Summary Final Order filed.
Nov. 03, 2014 Petitioners' Motion for Continuance filed.
Oct. 31, 2014 (Respondent's) Notice of Filing Charter School Contract filed.
Oct. 31, 2014 Petitioners' Motion in Limine and Motion for Protective Order filed.
Oct. 29, 2014 Petitioners' Motion for Judicial Recognition/Determination on Respondent's Admitted Charter Busing Policy and Motion to Strike Contrary Denial filed.
Oct. 29, 2014 Order on Motions.
Oct. 28, 2014 Notice of Telephonic Motion Hearing (motion hearing set for November 10, 2014; 4:00 p.m.).
Oct. 28, 2014 Petitioners' Third Notice of Filing and Request for Judicial Recognition filed.
Oct. 28, 2014 Petitioners' Second Notice of Filing and Request for Judicial Recognition filed.
Oct. 28, 2014 Petitioners' First Notice of Filing and Request for Judicial Recognition filed.
Oct. 28, 2014 Notice of Cancellation of Depositions (of Stacy Schmit, Ken Haiko, and Derek Kelmanson) filed.
Oct. 27, 2014 CASE STATUS: Motion Hearing Held.
Oct. 24, 2014 Petitioners' Motion for Leave to File Reply filed.
Oct. 22, 2014 Notice of Telephonic Motion Hearing (motion hearing set for October 27, 2014; 1:30 p.m.).
Oct. 22, 2014 (Respondent's) Notice of Unavailability filed.
Oct. 20, 2014 Petitioners' Motion for Protective Order and Request for Telephonic Hearing filed.
Oct. 17, 2014 St. Lucie County School Board's Response to Petitioners' Opposed Motion to Stay Discovery Pending Resolution of Motion for Summary Final Order filed.
Oct. 17, 2014 Re-notice of Taking Deposition Duces Tecum (of Stacy Schmit) filed.
Oct. 17, 2014 Notice of Taking Depositions (of Ken Haiko and Derek Kelmanson) filed.
Oct. 17, 2014 Notice of Serving Respondent's Interrogatories to Petitioner filed.
Oct. 17, 2014 Notice of Serving Respondent's Second Request for Production of Documents filed.
Oct. 17, 2014 Order Granting Extension of Time.
Oct. 16, 2014 Respondent's Motion for Extension of Time to File Response to Petitioner's Motion for Summary Final Order filed.
Oct. 14, 2014 Notice of Filing Return of Service filed.
Oct. 14, 2014 Petitioners' Response to Respondent's Request for Production filed.
Oct. 14, 2014 Petitioners' Opposed Motion to Stay Discovery Pending Resolution of Motion for Summary Final Order filed.
Oct. 14, 2014 Response to Petitioners' Request for Admissions Directed to Respondent filed.
Oct. 13, 2014 Petitioners' Motion for Summary Final Order filed.
Oct. 08, 2014 Order Granting Continuance and Re-scheduling Hearing by Video Teleconference (hearing set for December 11 and 12, 2014; 9:00 a.m.; Port St. Lucie, FL).
Oct. 02, 2014 Respondent's Unopposed Motion for Continuance filed.
Sep. 26, 2014 Petitioners' Request for Admissions Directed to Respondent filed.
Sep. 26, 2014 Notice of Taking Deposition (of Person with most knowledge of Respondent's charter school policies, Kathleen McGinn, and Genelle Yost) filed.
Sep. 23, 2014 Notice of Serving Respondent's Request for Production of Documents filed.
Sep. 11, 2014 Order on Petitioners' Ore Tenus Motion to Expedite Discovery.
Sep. 11, 2014 Amended Notice of Hearing by Video Teleconference (hearing set for October 29 and 30, 2014; 9:00 a.m.; Port St. Lucie and Tallahassee, FL; amended as to consolidation,issues,and hearing date).
Sep. 11, 2014 Order Granting Petitioners' Motion to Consolidate DOAH Cases (DOAH Case Nos. 14-3267, 14-4045RU).
Aug. 06, 2014 Respondent's Answer to Petition and Counter-petition filed.
Jul. 28, 2014 Order of Pre-hearing Instructions.
Jul. 28, 2014 Notice of Hearing by Video Teleconference (hearing set for October 29, 2014; 9:00 a.m.; Port St. Lucie and Tallahassee, FL).
Jul. 25, 2014 Joint Response to Initial Order filed.
Jul. 22, 2014 Notice of Appearance (Barbara Sadaka) filed.
Jul. 22, 2014 Notice of Appearance (Jonathan Ferguson) filed.
Jul. 21, 2014 Initial Order.
Jul. 18, 2014 Agency referral filed.
Jul. 18, 2014 Notice/Request for Initiation of Proceedings filed.

Orders for Case No: 14-003267
Issue Date Document Summary
May 26, 2017 Mandate
May 04, 2017 Opinion
Jun. 30, 2015 DOAH Final Order Charter school is not required to offer regular school busing to all students residing more than two miles from the charter school, and Charter School did not breach its charter or violate Florida law by failing to offer such school busing.
Source:  Florida - Division of Administrative Hearings
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