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NEW MILLENNIUM CHARTER SCHOOL vs MADISON COUNTY SCHOOL BOARD, 14-003353 (2014)

Court: Division of Administrative Hearings, Florida Number: 14-003353 Visitors: 22
Petitioner: NEW MILLENNIUM CHARTER SCHOOL
Respondent: MADISON COUNTY SCHOOL BOARD
Judges: SUZANNE VAN WYK
Agency: County School Boards
Locations: Tallahassee, Florida
Filed: Jul. 21, 2014
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Monday, October 27, 2014.

Latest Update: Nov. 05, 2014
14003353_AFO_11052014_15134819_e

STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS


NEW MILLENNIUM CHARTER SCHOOL,


Petitioner,

vs. DOAH Case No. 14-3353

MADISON COUNTY SCHOOL BOARD,


Respondent,

- - - - - - - - - - - - - I

FINAL ORDER


On October 27, 2014, an Administrative Law Judge ("ALJ") with the Division of Administrative Hearings (''DOAH") entered her ORDER CLOSING FILE AND RELINQUISHING JURISDICTION ("DOAH ORDER") to the Madison County School Board (the "SCHOOL BOARD" or the "BOARD") in the above captioned proceeding. A copy of the DOAH ORDER is attached hereto as Exhibit A. The DOAH ORDER indicates that copies were sent to counsel for the SCHOOL BOARD, George T. Reeves, Esq., and counsel for the Petitioner, NEW MILLENNIUM CHARTER SCHOOL, (the "CORPORATION"). The DOAH

ORDER was stipulated to by the parties. This matter is now before the SCHOOL BOARD for final agency action.

BACKGROUND


  1. The CORPORATION presently holds a charter (hereinafter the "CHARTER") with the SCHOOL BOARD pursuant to Section 1002.33, Florida Statutes, to operate the "New Millennium Charter School" in Madison County, Florida. The CHARTER was effective

    -1-


    Filed November 5, 2014 3:13 PM Division of Administrative Hearings

    July 1, 2013 and was to be for a term of July I , 2013 through June 30, 2017.


  2. Pursuant to Section 1002 .33(8)(a), Florida Statutes, the SCHOOL BOARD has previously given notice oftem1ination of the CHARTER to the CORPORATION.

  3. Pursuant to Section 1002.33(8)(b), Florida Statutes, the CORPORATION has timely requested a hearing of such notice of te1mination.

  4. Pursuant to Section 1002.33(8)(b) , Florida Statutes, the SCHOOL BOARD referred the request for hearing to the Division of Administrative Hearings , where such case was given the style set forth above.

  5. On October 21 , 2014, the parties entered into a written settlement agreement (the "SETTLEMENT AGREEMENT") settling all matters between them.

  6. On October 23, 2014, pursuant to the SETTLEMENT AGREEMENT, the SCHOOL BOARD moved the ALJ for an order relinquishing jurisdiction back to the SCHOOL BOARD for the entry of a final order terminating the CHARTER.

  7. On October 27, 2014, the ALJ entered DOAH ORDER which returned jurisdiction to the SCHOOL BOARD for entry of an order terminating the CHARTER .

ORDER


Having considered the SETTLEMENT AGREEMENT and the applicable law, and being otherwise duly advised, it is

ORDERED that, by agreement of the parties, the CHARTER is hereby TERMINATED ,


effective immediately.


JUDICIAL REVIEW


Any party to this proceeding has the right to seek judicial review of the Final Order

pursuant to Sections 1003 .22(8) and 120. 68, Florida Statutes, by the filing of a Notice of Appeal pursuant to Rules 9.110 and 9.190, Florida Rules of Appellate Procedure, with the Superintendent of Schools for Madison County, Florida, 210 North East Duval Avenue , Madison, Florida 32340; and by filing a copy of the Notice of Appeal accompanied by the applicable filing fees with the appropriate District Court of Appeal. The Notice of Appeal must be filed within 30 days from the date this Final Order is filed with the Superintendent of Schools

for Madison County, Florida.

DONE and ORDERED on Nov '-{ , 2014 by the District School Board of Madison County, Florida with the members of the Board voting as follows:

Yeas:- - - - - - - - - - - - - - - - - - - -

Nays:         , - - - - - - - - - - - - - - - -


Abstaining:- - ()

- - - - - - - - - - - - - - -

Absent:                C=,                                                                          

DISTRICT SCHOOL BOARD OF MADISON COUNTY, FLORIDA

By :_ - - · -----+f-b--+----

Chair

Attest: U;},; l--_

DougBr n

Superintendent of Schools


CERTIFICATE OF FILING AND MAILING


I HEREBY CERTIFY that the original of the above and forgoing Final Order was filed in the office of the Superintendent of Schools and a true and correct copy of the same was provided to each of the following:


Ms. Angela M. Ball Post Office Box 734 Perry, Florida 32348

Email: aball law@hotmail.com


Board of Directors

New Millennium Chatter School, Inc. 1282 SW MLK Jr Dr.

Madison, Florida 32340


Commissioner of Education Department of Education Turlington Building, Suite 1514 325 West Gaines Street Tallahassee, Florida 32399-0400


Office of General Counsel Department of Education Turlington Building, Suite 1244 325 West Gaines Street Tallahassee, Florida 32399-0400


Division of Administrative Hearings The DeSoto Building

1230 Apalachee Parkway

Tallahassee, Florida 32399-3060


by certified mail return receipt requested on -


N-l)V-t,CV'\h -S , 2014 .

    fLl 71-2--===========----

Doug Brown/

Superintendent of Schools


Docket for Case No: 14-003353
Issue Date Proceedings
Nov. 05, 2014 Agency Final Order filed.
Oct. 27, 2014 Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
Oct. 23, 2014 (Respondent's) Unopposed Motion to Relinquish Jurisdiction filed.
Sep. 24, 2014 Notice sent out that this case is now before the Division of Administrative Hearings.
Sep. 05, 2014 Order Granting Continuance and Re-scheduling Hearing (hearing set for November 10, 2014; 9:00 a.m.; Tallahassee, FL).
Sep. 03, 2014 Stipulation of Parties filed.
Aug. 28, 2014 Notice of Serving Petitioner's First Set of Interrogatories to Respondent filed.
Aug. 18, 2014 Undeliverable envelope returned from the Post Office.
Aug. 12, 2014 Order of Pre-hearing Instructions.
Aug. 12, 2014 Notice of Hearing (hearing set for September 8, 2014; 9:00 a.m.; Tallahassee, FL).
Aug. 08, 2014 Notice of Appearance (Angela Ball) filed.
Jul. 29, 2014 (Respondent's) Notice of No Contact filed.
Jul. 28, 2014 Undeliverable envelope returned from the Post Office.
Jul. 23, 2014 Respondent's First Request for Production to Petitioner filed.
Jul. 23, 2014 Notice of Service of Respondent's First Set of Interogatories to Petitioner filed.
Jul. 22, 2014 Notice sent out that this case is now before the Division of Administrative Hearings.
Jul. 21, 2014 Agency action letter filed.
Jul. 21, 2014 Request for Administrative Hearing filed.
Jul. 21, 2014 Referral Letter filed.

Orders for Case No: 14-003353
Issue Date Document Summary
Nov. 04, 2014 Agency Final Order
Source:  Florida - Division of Administrative Hearings

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