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BROWARD COUNTY SCHOOL BOARD vs SILVA OF SOUTH FLORIDA, INC., D/B/A PATHWAYS ACADEMY K-8 CENTER, 16-002576 (2016)

Court: Division of Administrative Hearings, Florida Number: 16-002576 Visitors: 15
Petitioner: BROWARD COUNTY SCHOOL BOARD
Respondent: SILVA OF SOUTH FLORIDA, INC., D/B/A PATHWAYS ACADEMY K-8 CENTER
Judges: ROBERT E. MEALE
Agency: County School Boards
Locations: Fort Ogden, Florida
Filed: May 09, 2016
Status: Closed
Recommended Order on Monday, January 9, 2017.

Latest Update: Feb. 27, 2017
Summary: The issue is whether, pursuant to section 1002.33(8)(a)3. and 4., Florida Statutes, Petitioner has proved violation of law and other good cause to terminate a charter school agreement with Respondent dated April 17, 2012 (Charter).Sponsor proved by clear and convincing evidence good cause for termination of school charter with student academic achievement as the most important factor in the termination determination
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STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS THE SCHOOL BOARD OF BROWARD COUNTY,

Petitioner,


Case No. 16-002576


Pathways Academy K-8 Center Charter School (Silva of South Florida, Inc.), Respondents.

/


Notice of Voluntary Withdrawal of Petition for Hearing


The Respondents Pathways Academy K-8 Center Charter School (Silva of South Florida, Inc.), through its undersigned Qualified Representative and pursuant to §§ 1002.33v(8)(b), 120.569, 120.57(1), Fla. Stat., and Rules 28-106.111 files this Voluntary Notice of Withdrawal of Petition.


The Governing Board of Pathways Academy Charter School decided to Voluntarily Terminate and Non-Renew it's Current Charter School Contract with Broward County Schools Board effective immediately. Per statute, the School can unilaterally voluntarily close and is required to inform the Sponsor of its intention to have a board meeting to discuss potential voluntary termination and then inform the Sponsor of the decision and why. Pursuant to statute we informed the Sponsor on Friday of Saturdays scheduled governing board meeting. Pathways passed a resolution to terminate for the following reasons:

  1. Its current contract terminates at the end of this school year and they had no intention of renewing. As you know, the school has not participated in the renewal process this year.

  2. The decision not to renew and voluntarily terminate was also based on its decision to transition to a private school to serve many of the same students and thus continue its mission of educating students for success.


The Governing Board will follow the procedures for dissolution and reversion of public funds as outlined in Florida Statutes. All school property will be placed in storage and the school district can pick up at their convenience, please schedule with the school.


We therefore provide this Notice to Withdraw Petition for Hearing. We have conferred with Peitioner.


Dated this 27h day of February, 2017


The Governance Institute for School Accountability (GISA


/s/


Christopher Norwood, J.D.

Governance Institute For School Accountability (GISA) 14844 Breckness Place, Suite 100


Filed February 27, 2017 1:58 PM Division of Administrative Hearings


Miami Lakes, Florida 33016 Phone: 786-529-8624

Qualified Representative for Pathways Academy K-8Center


CERTIFICATE OF SERVICE


I hereby certify that a true and correct copy of the foregoing has been furnished via electronic mail and hand delivered to the Clerk of the Board: THE SCHOOL BOARD OF BROWARD COUNTY 600 SE Third Ave, Fort Lauderdale Florida, 33301.


/s/

Christopher Norwood, J.D.


Docket for Case No: 16-002576
Issue Date Proceedings
Feb. 27, 2017 Notice of Voluntary Withdrawal of Petition for Hearing filed.
Jan. 24, 2017 Respondent's Exceptions to Recommended Order filed.
Jan. 20, 2017 Letter to Judge Meal from SBBC filed.
Jan. 09, 2017 Recommended Order (hearing held June 28-30 and August 31, 2016). CASE CLOSED.
Jan. 09, 2017 Recommended Order cover letter identifying the hearing record referred to the Agency.
Dec. 09, 2016 Petitioner School Board's Notice of Unavailability filed.
Nov. 08, 2016 Response to Petitioners Motion to Strike filed.
Nov. 08, 2016 Petitioner SBBC's Motion to Strike Amended Proposed Recommended Order filed.
Nov. 07, 2016 Amended Proposed Recommended Order filed.
Nov. 04, 2016 (Petitioner's) Proposed Recommended Order filed.
Nov. 04, 2016 Respondent School Board's Proposed Recommended Order filed.
Oct. 31, 2016 Order Granting Extension of Time.
Oct. 31, 2016 Agreed Order to Extend Filing of Proposed Recommended Order filed.
Oct. 17, 2016 Letter to Judge Meale from Robert Vignola enclosing thumb drive containing Petitioner's Proposed Exhibits filed (exhibits not available for viewing).
Oct. 11, 2016 Transcript of Proceedings (not available for viewing) filed.
Oct. 10, 2016 Petitioner School Board's Notice of Service of Transcripts filed.
Sep. 19, 2016 Respondent's Exhibits filed (flash drive of exhibits not available for viewing).
Aug. 31, 2016 CASE STATUS: Hearing Held.
Aug. 29, 2016 Notice of Filing to Supplement Exhibit #40 filed.
Aug. 04, 2016 Notice of Hearing (hearing set for August 31 and September 1, 2016; 9:00 a.m.; Fort Lauderdale, FL).
Jul. 25, 2016 Order Granting Continuance (parties to advise status by October 1, 2016).
Jul. 25, 2016 CASE STATUS: Motion Hearing Held.
Jul. 21, 2016 Response to Petitioner's Motion for Continuance filed.
Jul. 18, 2016 Petitioner SBBC's Motion for Continuance filed.
Jul. 13, 2016 Notice of Hearing (hearing set for August 4, 2016; 9:00 a.m.; Fort Lauderdale, FL).
Jun. 28, 2016 CASE STATUS: Hearing Partially Held; continued to date not certain.
Jun. 23, 2016 Joint Pre-hearing Stipulation filed.
Jun. 23, 2016 Response to Petitioner's Interrogatories filed.
Jun. 23, 2016 Response to Petitioner's Request for Production filed.
Jun. 14, 2016 Petitioner SBBC's First Request to Produce to Respondent Charter School filed.
Jun. 14, 2016 Notice of Serving Petitioner SBBC's First Set of Interrogatories to Respondent Charter School filed.
Jun. 13, 2016 Amended Notice of Hearing (hearing set for June 28 through 30, 2016; 9:00 a.m.; Fort Lauderdale, FL; amended as to hearing dates).
Jun. 10, 2016 Order Accepting Qualified Representative.
Jun. 10, 2016 Case Management Order.
Jun. 10, 2016 CASE STATUS: Pre-Hearing Conference Held.
May 24, 2016 Order of Pre-hearing Instructions.
May 24, 2016 Motion for Case Management Conference filed.
May 24, 2016 Request for Naming of Qualified Representative filed.
May 11, 2016 Notice of Hearing (hearing set for June 28, 2016; 9:00 a.m.; Fort Lauderdale, FL).
May 10, 2016 Notice sent out that this case is now before the Division of Administrative Hearings.
May 09, 2016 Notice of Proposed Termination of Charter School Agreement filed.
May 09, 2016 Petition for Administrative Hearing filed.
May 09, 2016 Referral Letter filed.

Orders for Case No: 16-002576
Issue Date Document Summary
Feb. 27, 2017 Agency Final Order
Jan. 09, 2017 Recommended Order Sponsor proved by clear and convincing evidence good cause for termination of school charter with student academic achievement as the most important factor in the termination determination
Source:  Florida - Division of Administrative Hearings

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