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PAM STEWART, AS COMMISSIONER OF EDUCATION vs LATMA CHRISTIAN ACADEMY (4204), 17-006102SP (2017)

Court: Division of Administrative Hearings, Florida Number: 17-006102SP Visitors: 43
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: Nov. 13, 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 Sa wi! iON 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 Wid aaSSVHY TI. Nolivaniga 40 Ld%0 £078 WY 21 YYW ne 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
Source:  Florida - Division of Administrative Hearings

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