Rie 2 4 \ FLORIDA DEPARTMENT OF State Board of Education » — Commissioner of Education Marva Johnson, Chair John R. Padget, Vice Choir Members Gary Chartrand Rebecca Fishman Lipsey Michael Olenick Andy Tuck TO: Jimmie Butler id Private School Administrator = ey i] FROM: Pam Stewart ~ “i DATE: September 15, 2015 2 SUBJECT: Administrative Complaint Stewart v. Upperroom Christian Academy (3710) Agency Case Number: DOE-2015-3199 Our records indicate that Upperroom Christian Academy (Academy) is a private school, owned and directed by Jimmie Butler, 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 and revoking Academy’s scholarship participation. 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. As part of the McKay Scholarship Program, scholarship payments are issued to the physical location of a participating private school. According to department records, Academy’s physical location is 850 N.W. 36" Terrace, Fort Lauderdale, FL, 33311. The department received notification from FedEx that scholarship payments made to Academy were forwarded to 613 N.W. 3 Avenue, Fort Lauderdale, FL, 33311, a different address than on file. This discrepancy gave the department reason to believe Academy may not be operating at 850 N.W. 36" Terrace. On February 17, 2015, as a part of the renewal process, Academy filed with the department its Scholarship Program Compliance Form (IEPC SCF-1), affirming by affidavit that it possessed a current and acceptable annual health and fire inspection report. On April 1, 2015, Academy filed a copy of its heaith inspection report, dated March 10, 2015, purporting it to be a compliant health inspection conducted by the Broward County Health Department (BCHD). Additionally, on April 7, 2015, Academy filed a copy of its fire inspection report, dated February 2, 2015, purporting it to be a compliant fire inspection report conducted by the Lauderhill Fire-Rescue (LFR). On August 13, 2015, in an attempt to verify Academy’s location, the department contacted Sabreena Iqbal, Environmental Manager at the Broward County Health Department (BCHD). Ms. Iqbal informed the department the health inspection submitted by Academy on April 1, 2015, was not generated by the Sean SRE RRMREMOR TNR AESCR OR RETENTION MURIEL Rene ona a Emenee Sone re www.fidoe.org 325 W. Gaines Street | Tallahassee, Fl 32399-0400 | 850-245-0505 ——— SS 29 0314 ee iq MNPTL Ng Jimmie Butler September 15, 2015 Page 2 BCHD and appeared to be falsified. Additionally, Ms. Iqbal provided evidence showing the last satisfactory inspection for Academy at 850 N.W. 36" Terrace was March 17, 2014. After obtaining this information, the department had reason to believe the fire inspection may also contain discrepancies, Therefore, on August 13, 2015, the department contacted Matthew Newman, Fire Inspector at LFR. Mr. Newman informed the department the fire inspection submitted by Academy on April 7, 2015 was not generated by LFR and, in fact, Academy has never had a valid fire inspection on file with LFR at this address. Furthermore, Mr. Newman stated the address for the school was inspected as a church and was told by the church the classrooms were only used for Sunday school sessions during church services. The department has concluded that Academy has not been at an approved location for a portion of the 2012-2013 school year and the entire 2013-2014 and 2014-15 school years. Section 1002.421(2)(g), F.S., requires a private school participating in a state scholarship prograin to meet applicable state and local health, safety and welfare laws, codes, and rules, including health 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 Rule 6A-6.03315, Florida Administrative Code. Academy filed its annual IEPC SCF-] for the 2015-16 school year on February 17, 2015, in which Academy affirmed that it possessed a satisfactory health and fire inspection. As previously stated herein, Academy does not possess a satisfactory health or fire inspection. Since Academy was not at an approved location with students in attendance for a portion of the 2014-15 school year, the department is requesting the sum total of the McKay and FTC funds the school received during that period. Therefore, Academy is to return $32,174.50 to the department in McKay funds and $37,114.88 to Step Up For Students in FTC funds, These facts establish that Academy and director/owner Jimmie Butler engaged, or had engaged, in fraudulent activity and otherwise violated applicable law. Sections 1002.39(7) and 1002.395(1 HES. 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 goveming 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 and revoke Academy’s eligibility to participate in the McKay and FTC Scholarship Programs. NOTICE OF RIGHT TO APPEAL Pursuant to sections 120.569, 120.57, 1002.39(7), and 1002.395(11), F.S., you are entitled to dispute this decision through legal administrative procedures and to be represented by counsel or other qualified representatives. 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, F.A.C. The written request must be received by the department’s agency clerk within 15 calendar days of the date you receive this letter. www. fidoe.org 325 W. Gaines Street | Tallahassee, FL 32399-0400 | 850-245-0505 September 15, 2015 August 24 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 will issue a final order, 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 i i day of eg id , 2015. Pam Stewart CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing was furnished by certified and regular U.S. Mail to: Upperroom Christian Academy Attn: Jimmie Butler 850 NW 36" Terrace Ft. Lauderdale, FL 33311 Upperroom Christian Academy Attn: Jimmie Butler P. O. Box 121676 Ft. Lauderdale, FL 33312 this [Uday of Sept. 2015. www. fidoe.org 325 W. Gaines Street | Tallahassee, FL 32399-0400 | 850-245-0505

Docket for Case No: 15-006783SP