STATE OF FLORIDA FILED AGENCY CLERK DEPARTMENT OF EDUCATION 20649 MAR 12 A Gig THE LEE CHARTER - FOUNDATION, INC., nae Petitioner, Vs. ; DOAH Case No. 082673 “ty, Sn Ce DEPARTMENT OF EDUCATION, AEs QB o We, OF, al wins Ww Respondent. Bae Oo / Boo % GLa Zz < ° “3 FINAL ORDER The Department of Education hereby enters this Final Order pursuant to §§ 120.569 and 120.57(1), Florida Statutes. On September 24, 2008, the Petitioner filed a Petition for a Formal Administrative Hearing regarding the determination of eligibility of the Cape Coral Elementary Charter School to take part in the voluntary pre-kindergarten program based upon compliance with class size requirements. The Department referred the petition to the Division of Administrative Hearings to conduct a formal hearing. 1. On January 27, 2009, the Petitioner and the Department entered into a joint stipulation agreeing that the Final Order in DOAH Case No. 08-1309RU obviated the need for a formal hearing in this matter. That order held that until the Legislature determines otherwise, the Department cannot apply the maximum class size statute, Section 1003.02, Florida Statutes, to charter schools. 2. The Memorandum entitled “2007-2008 Class Size Reduction Transfer Calculation and School District Eligibility to Provide the 2008-2009 School Year Voluntary Pre-kindergarten (VPK) Education Program” issued on February 5, 2008, through Deputy Commissioner Linda Champion is rescinded and is void ab initio. 3. On January 29, 2009, the Division of Administrative Hearings relinquished jurisdiction of this matter to the Department for the entry of a final order. Based upon the foregoing, it is ORDERED that the Petitioner’s Petition for a Formal Administrative Hearing is dismissed. DONE AND ORDERED this _AZ__ day of ) 7 2009, in Tallahassee, Florida. STATE OF FLORIDA DEPARTMENT OF EDUCATION , Commissioner Dep nt of Education Filed this 12 day of (Vane, , 2009. Abbott, Agency Clerk Florida Department of Education NOTICE OF RIGHTS This order constitutes final agency action pursuant to Section 120.68(2), Florida Statutes. Any party to this order has the right to seek judicial review of this Final Order pursuant to Rules 9.030(b)(1)(c) an 9.110, Florida Rules of Appellate Procedure. The notice of appeal must be filed pursuant to Rule 9.110, Florida Rules of Appellate Procedure, with the Agency Clerk, Florida Department of Education, Suite 1520, 325 West Gaines Street, Tallahassee, Florida, 32399-0400. Additionally, a second copy of the notice of appeal, accompanied by the applicable filing fees, must be filed with the appropriate Florida District Court of Appeal. The notice must be filed within 30 days of the day this Final Order is filed with the Agency Clerk of the Florida Department of Education. Failure to make a timely appeal will result in waiver of the right of judicial review in this matter. CERTIFICATE OF THE AGENCY CLERK I HEREBY CERTIFY that the above FINAL ORDER has been filed with the Agency Clerk of the Department of Education this _/2_ day of MAM. 2009, and that a true and correct copy has been furnished by U.S. mail to the following: Stephanie Alexander, Esq Trip Scott, P.A. 200 West College Avenue Suite 216 Tallahassee, FL 32301 Edward J. Pozzuoli, Esq. Trip Scott, P.A. 110 S.E. Sixth Street 15" Floor Fort Lauderdale, FL 33301 Patrick K. Wiggins, Esq. Post Office Drawer 1657 Tallahassee, Florida 32302 Deborah Kearney, General Counsel Department of Education Turlington Building, Suite 1244 325 West Gaines Street Tallahassee, Florida 32399-0400 Margaret O’ Sullivan Parker Department of Education Turlington Building, Suite 1244 325 West Gaines Street Tallahassee, Florida 32399-0400 William F. Quattlebaum Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, FL 32399-3060 Florida Department of Education

Docket for Case No: 08-002673RU