FLORIDA DEPARTMENT OF JEIUCATIOUN State Board of Education Gy fidorforg EDA Cbg Stewart cu ei Marva Johnson, Chair John R. Padget, Vice Chair Members Gary Chartrand John A. Colén Rebecca Fishman Lipsey Michael Olenick Andy Tuck ev SPT A ite hs July 21, 2015 VIA CERTIFIED AND REGULAR MAIL RJW The Academy of Arts Sciences Attn: Wilnard Justin Baker 430 N.W. 9th Street Miami, FL 33136 Re: —_ Revocation of Scholarship Program Eligibility, Immediate Suspension of Scholarship Payments and Denial of Scholarship Participation Dear Private School Administrator: As explained in the attached administrative complaint, scholarship payments to your school are immediately suspended and your school’s eligibility to participate in the John M. McKay Scholarship for Students with Disabilities Scholarship Program and the Florida Tax Credit Scholarship Program is being revoked. The process for challenging such action is identified therein. If you have any questions related to scholarship program requirements, please contact the School Choice information hotline at 800-447-1636, or visit our website at www. floridaschoolchoice. org. Sincerely, Pam Stewart Enclosure cc: Step Up for Students www.iidoe.org 325 W. Gaines Street | Tallahassee, FL 32399-0400 | 850-245-0505 Pam Stewart Commissioner of Education State Board of Education Marva Johnson, Chair John R, Padget, Vice Chair Members Gary Chartrand John A. Colén Rebecca Fishman Lipsey Michael Olenick Andy Tuck TO: Wilnard Justin Baker Private School Administrator FROM: Pam Stewart DATE: July 21, 2015 SUBJECT: Administrative Complaint Stewart v. RJW The Academy of Arts Sciences (5427) Agency Case Number: DOE-2015-3186 Our records indicate that RIW The Academy of Arts Sciences (5427) (RJW) is a private school located at 430 N.W. 9" Street, Miami, FL 33136, participating in the John M. McKay (McKay) Scholarship for Students with Disabilities Program and Florida Tax Credit (FTC) Scholarship Program, providing services to eligible students pursuant to sections 1002.39, 1002.395, and 1002.421, Florida Statutes (F.S.). For the following reasons, the Florida Department of Education (department) is immediately suspending scholarship payments, revoking RIW’s scholarship participation, and denying RJW’s application to participate in the scholarship programs for the 2015-16 school year. Section 1002.421, F.S., states private schools participating in the McKay and FTC Scholarship Programs must comply with all the requirements identified within the respective program laws and other provisions of Florida law that apply to private schools, which include meeting applicable state and local health, safety and welfare laws, codes, and rules. On March 1, 2015, as part of the renewal process, RJW filed with the department its Scholarship Program Compliance Form (TEPC SCF-1), affirming by affidavit that it possessed a current and acceptable annual fire inspection report. Additionally, on May 1, 2015, RJW filed a copy of its fire inspection report, dated July 16, 2014, purporting it to be a compliant fire inspection conducted by the City of Miami Fire Prevention Bureau (CMFPB). After further review of the inspection reports, the department found some discrepancies. Due to the discrepancies found, on May 7, 2015, the department contacted Lt. Euraclio Pons of the CMFPB. Lt. Pons informed the department the fire inspection dated July 16, 2014, could not have been generated by the CMFPB since the listed inspector retired on March 27, 2014. www.fidoe.org 325 W. Gaines Street | Tallahassee, FL 32399-0400 | 850-245-0505 Wilnard Justin Baker July 21, 2015 Page 2 Furthermore, pursuant to sections 1002.39(8)(d) and 1002.395(8)(d), F.S., a private school must maintain a physical location where a scholarship student regularly attends classes and employs or contracts with teachers who have regular and direct contact with each student receiving a scholarship at the school’s physical location. RJW has failed to comply with these statutory requirements, as they are currently not permitted to operate at their address of record for the 2015-16 school year. The department has concluded that RJW was not at an approved location for the entire 2014-15 school year. Section 1002.42 1(2)(g), F.S., requires a private school participating in a state scholarship program to meet applicable state and local health, safety, and welfare laws, codes, and rules, including fire safety and building safety. By signing and submitting the Scholarship Compliance Form affidavit (IEPC SCF-1), a private school certifies compliance with this and other program requirements and agrees to remain in compliance throughout the school year. See Fla. Admin. Code R. 6A-6,03315. RIW filed its annual IEPC SCF-1 for the 2015-16 school year on March 1, 2015, in which RJW affirmed that it possessed a satisfactory fire inspection. As previously stated herein, RJW does not possess a satisfactory fire inspection. Since RJW has been at a noncompliant location with students in attendance for the entire 2014- 15 school year, the department is requesting the sum total of the McKay and FTC funds the school received during that period. Therefore, RJW is to return $56,023.00 to the department in McKay funds and $14,577.08 to Step Up For Students in FTC funds. These facts establish that RW engaged in fraudulent activity and otherwise violated applicable law. Sections 1002.39(7) and 1002.395(11), F.S., provide that the department may revoke a private school’s participation in the scholarship program if it is determined that the private school failed to comply with governing provisions or if there is fraudulent activity on the part of the private school. Therefore, this order serves to immediately suspend both McKay and FTC Scholarship Program payments, revoke RJ W’s scholarship participation and deny RJW’s application to participate in the scholarship programs for the 2015-16 school year. NOTICE OF RIGHT TO APPEAL Pursuant to sections 120.569, 120.57, 1002.39(7), and 1002.395(10), F.S., you are entitled to dispute this decision through legal administrative procedures and to be represented by counsel or other qualified representative. If you wish to do so, you must make a written request for an administrative hearing in accordance with the provisions of Chapter 28-106, Florida Administrative Code. The written request must be received by the department’s agency clerk within 15 calendar days of the date you receive this letter. www-fidge.org 325 W. Gaines Street | Tallahassee, FL 32399-0400 | 850-245-0505 Wilnard Justin Baker July 21, 2015 Page 3 The written request must be submitted to: Cathy Schroeder, Agency Clerk Department of Education 325 West Gaines Street, Room 1514 Tallahassee, Florida 32399-0400 If the written request is not received by the department within 15 days of receipt of this letter, you will waive the opportunity to contest the decision through administrative proceedings and the Commissioner of Education’s decision will be final, subject only to judicial review pursuant to section 120.68, F.S. Pursuant to section 120.573, F.S., respondent is advised that mediation is not available. Executed on this mL day of Taki , 2015. Oe a: Pam Stewart Commissioner of Education CERTIFICATE OF SERVICE L HEREBY CERTIFY that a true and correct copy of the foregoing was furnished by certified and regular U.S. Mail to: RIW The Academy of Arts Sciences Atm: Wilnard Justin Baker 430 N.W. 9th Street Miami, FL 33136 this o' dayof Suk , 2015. www.fidoe.org 325 W. Gaines Street | Tallahassee, FL 32399-0400 | 850-245-0505

Docket for Case No: 15-004810SP