Petitioner: PAM STEWART, AS COMMISSIONER OF EDUCATION
Respondent: LATMA CHRISTIAN ACADEMY (4204)
Judges: G. W. CHISENHALL
Agency: Department of Education
Locations: Madison, Florida
Filed: Nov. 07, 2017
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Thursday, December 28, 2017.
Latest Update: Dec. 24, 2024
Sea eS SSS SS Se
Pam Stewart
Commissioner of Education
State Board of Education
Marva Johnson, Chair
Andy Tuck, Vice Choir
Members
Gary Chartrand
Tom Grady
Rebecca Fishman Lipsey
Michael Olenick
March 15, 2017
VIA CERTIFIED AND REGULAR MAIL
Latma Christian Academy (4204)
Attn: Carl Spencer
491 Sw Captain Brown Road
Madison, FL 32340
Re: Administrative Complaint — Denial of Scholarship Participation and Immediate Suspension
and Revocation of Scholarship Program Eligibility and Payments
Dear Private School Administrator:
As explained in the enclosed Administrative Complaint, Latma Christian Academy’s (4204) application
to participate in the state funded scholarship programs for the 2017-2018 school year is denied,
scholarship payments to the school are suspended, and the school’s eligibility to participate in the McKay,
Florida Tax Credit and Gardiner Scholarship Programs is being revoked. The reasons for the revocation
and means to challenge this decision are identified therein.
Once the referenced administrative action becomes final, parents of enrolled scholarship students will be
notified of your school’s ineligibility to participate in the scholarship program. Scholarship students will
be required to transfer to another participating private school to maintain scholarship eligibility.
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
Enclosures
ce: Step Up for Students
A.A.A. Scholarship Foundation
www.fldoe.org
325 W. Gaines Street | Tallahassee, FL 32399-0400 | 850-245-0505
FLORIDA DEPARTMENT OF
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fide org, Pam Stewart
Commissioner of Education
State Board of Education
Marva Johnson, Choir
Any Tuck Vice Chair
Members
Gary Chartrand
Tom Grady
Rebecca Fishman Lipsey
Michael Olenick
TO: Carl Spencer
Private School Administrator
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FROM: Pam Stewart
SUBJECT: Administrative Complaint ;
Stewart v. Latma Christian Academy (4204)
Agency Case Number: DOE-2017-3458
The Florida Department of Education’s (Department) records indicate Latma Christian
Academy (4204) (Academy) is a private school participating in the Gardiner Scholarship
Program, the John M. McKay Scholarship for Students with Disabilities Program, and the
Florida Tax Credit Scholarship Program, providing services to eligible students pursuant to
sections 1002.385, 1002.39, 1002.395 and 1002.421, Florida Statutes. For the following reasons,
the Department is denying Academy’s application to participate in state funded scholarship
programs for the 2017-2018 school year, immediately suspending Academy’s Gardiner, McKay,
and FTC payments, and revoking Academy’s eligibility to participate in Gardiner, McKay and
FTC.
Section 1002.421, Florida Statutes, states that private schools participating in the
Gardiner, 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.
Department records indicate Academy is located in Madison County at 491 SW Captain
Brown Road, Madison, FL 32340. On February 8, 2017, the Department was notified that
Academy had attempted to open a bank account in Brevard County and deposit two McKay
Scholarship checks. Due to these facts, the Department contacted the Madison County Fire
Department (MCFD) and faxed Academy’s 2016 fire inspection to verify its authenticity. The
MCFD Fire Chief informed the Department that the 2016 fire inspection was not generated by
the MCFD. He also advised the Department that, upon speaking with a fire inspector who had
performed an inspection for Academy in 2014, no inspection had been performed at Academy
since 2014.
www.fidoe.org
325 W. Gaines Street | Tallahassee, FL 32399-0400 | 850-245-0505
Wuatd AONSDYV G34
The Department has concluded that Academy has not been at an approved location at any
time during the 2015-2016 and 2016-2017 school years and, as such, is requesting the sum total
of the McKay and FTC funds the school received during that period. Therefore, Academy is to
return $41,016.50 to the Department in McKay funds and $17,204.71 to Step Up For Students in
FTC funds.
Furthermore, these facts establish that Academy engaged in fraudulent activity and
otherwise violated applicable law. Section 1002.39(7), Florida Statutes, provide that the
Department may suspend, revoke or deny 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, Academy’s application
to participate in state funded scholarship programs for the 2017-2018 school year is denied,
scholarship payments to Academy are suspended, and the school’s eligibility to participate in the
state scholarship programs is revoked.
NOTICE OF RIGHT TO APPEAL
Pursuant to sections 120.569, 120.57, 1002.39(7), and 1002.395(11), Florida Statutes,
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, 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.
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, Florida Statutes. Pursuant to section 120.573, Florida Statutes,
respondent is advised that mediation is not available.
Executed onthis__/ 2 dayof_AHawch —, 2017.
A
/
Z
Pam Stewart
www.fidoe.org
325 W. Gaines Street | Tallahassee, FL 32399-0400 | 850-245-0505
CERTIFICATE OF SERVICE
J HEREBY CERTIFY that a true and correct copy of the foregoing was furnished by
certified and regular U.S. Mail to:
Latma Christian Academy (4204)
Attn: Carl Spencer
491 Sw Captain Brown Road
Madison, FL 32340
this Z? day of Mavck , 2017,
~~ www. fidoe.org
325 W. Gaines Street | Tallahassee, FL 32399-0400 | 850-245-0505
Docket for Case No: 17-006102SP