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  5. RENAISSANCE CHARTER SCHOOL, INC. vs THE SCHOOL BOARD OF PALM BEACH COUNTY, FLORIDA, 16-005126 (2016)

RENAISSANCE CHARTER SCHOOL, INC. vs THE SCHOOL BOARD OF PALM BEACH COUNTY, FLORIDA, 16-005126 (2016)

Court: Division of Administrative Hearings, Florida Number: 16-005126 Visitors: 23
Petitioner: RENAISSANCE CHARTER SCHOOL, INC.
Respondent: THE SCHOOL BOARD OF PALM BEACH COUNTY, FLORIDA
Judges: JUNE C. MCKINNEY
Agency: County School Boards
Locations: Weston, Florida
Filed: Sep. 07, 2016
Status: Closed
DOAH Final Order on Tuesday, July 11, 2017.
Latest Update: Feb. 06, 2019
Summary: Whether the School Board lacked the delegated legislative authority to promulgate School Board Policy 2.57. Whether the challenged portions of School Board Policy 2.57 violate certain provisions of the charter school statute, section 1002.33, Florida Statutes, and State Board Rules, as outlined in Petitioner's Amended Rule Challenge Petitions. Whether the Innovative Rubric Policy 2.57 should be invalidated for enlarging, modifying, and/or contravening the charter statute and also the adopted Sta
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16005126 Mandate

M A N D A T E

from

DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT

This cause having been brought to the Court by appeal, and after due consideration the Court having issued its opinion;

YOU ARE HEREBY COMMANDED that such further proceedings be had in said cause as may be in accordance with the opinion of this Court, and with the rules of procedure and laws of the State of Florida.

WITNESS the Honorable Jonathan D. Gerber, Chief Judge of the District Court of Appeal of the State of Florida, Fourth District, and seal of the said Court at West Palm Beach, Florida on this day.

DATE: December 07, 2018

CASE NO.: 17-2539

COUNTY OF ORIGIN: Palm Beach

T.C. CASE NO.: 16-5126, 16-5157 RX

STYLE: SCHOOL BOARD OF

PALM BEACH COUNTY

v. RENAISSANCE CHARTER SCHOOL, INC.



Served:


cc: Julieann Rico Sean Fahey


Edward J. Pozzuoli

A. Denise Sagerholm


Stephanie Alexander Division Of Admin.

Hearings


ll


Docket for Case No: 16-005126
Issue Date Proceedings
Feb. 06, 2019 Transmittal letter from Claudia Llado forwarding records to the agency.
Dec. 07, 2018 Transmittal letter from Claudia Llado forwarding the one-volume Transcript, along with Petitioner and Respondent's Exhibits to Respondent.
Dec. 07, 2018 Mandate filed.
Sep. 25, 2018 Opinion filed.
Oct. 24, 2017 Letter to M. Beuttenmuller from R. Williams regarding enclosed disc labeled Petitioner's Exhibit No. 2 filed.
Oct. 24, 2017 Index, Record, and Certificate of Record sent to the Fourth District Court of Appeal.
Oct. 10, 2017 Record on Appeal Preparation Fee received.
Sep. 06, 2017 Invoice for the record on appeal mailed.
Sep. 06, 2017 Index (of the Record) sent to the parties of record.
Aug. 23, 2017 BY ORDER OF THE COURT: appellee/cross-appellant shall pay the filing fee or file the circuit court clerk's determination of indigent status in this court within ten (10) days from the date of the entry of this order.
Aug. 17, 2017 Notice of Cross-Appeal filed and Certified copy sent to the Fourth District Court of Appeal this date.
Aug. 11, 2017 Acknowledgment of New Case, Fourth DCA Case No.4D17-2539 filed.
Aug. 11, 2017 BY ORDER OF THE COURT: The $300.00 filing fee did not accompany the notice. The filing fee is due and payalbe at the time of filing regardless of whether the appeal is subsequently voluntarily dismissed or adversely dismissed.
Aug. 11, 2017 Notice of Appeal filed and Certified copy sent to the Fourth District Court of Appeal this date.
Aug. 10, 2017 Notice of Administrative Appeal filed.
Jul. 11, 2017 Final Order (hearing held January 25, 2017). DOAH JURISDICTION RETAINED.
May 01, 2017 Petitioner's Amended Proposed Final Order (filed in Case No. 16-005157RX).
May 01, 2017 Respondent's Amended Proposed Final Order filed.
Apr. 27, 2017 Order Granting Extension of Time.
Apr. 27, 2017 Petitioner's Unopposed Motion for Extension of Time to File Amended Proposed Final Order (filed in Case No. 16-005157RX).
Apr. 17, 2017 Petitioner's Proposed Final Order filed.
Apr. 17, 2017 Respondent's Proposed Final Order filed.
Mar. 15, 2017 Order Granting Revised Post-Hearing Schedule.
Mar. 14, 2017 Parties Joint Motion To Revise Post-Hearing Schedule (filed in Case No. 16-005157RX).
Mar. 07, 2017 Order Granting Extension of Time.
Mar. 07, 2017 Amended Petitioner's Unopposed Motion for Extension of Time to File Post-hearing Legal Memoranda filed.
Mar. 06, 2017 Petitioner's Unopposed Motion for Extension of Time to File Post-hearing Legal Memoranda filed.
Feb. 15, 2017 Transcript of Proceedings (not available for viewing) filed.
Jan. 31, 2017 Order.
Jan. 30, 2017 Respondent's Unopposed Motion for Clarification of Deadline for Submitting Post-hearing Legal Memoranda filed.
Jan. 26, 2017 Petitioner's Amended First Notice of Filing and Request for Official Recognition (Exhibit D) filed.
Jan. 26, 2017 Petitioner's Amended First Notice of Filing and Request for Official Recognition (Exhibit C) filed.
Jan. 26, 2017 Petitioner's Amended First Notice of Filing and Request for Official Recognition (Exhibits A & B) filed.
Jan. 25, 2017 CASE STATUS: Hearing Held.
Jan. 25, 2017 Petitioner's First Notice of Filing and Request for Official Recognition (filed in Case No. 16-005157RX).
Jan. 23, 2017 Amended Order Granting Motion to Cancel First Day of Two-Day Final Hearing (hearing set for January 25, 2017; 9:30 a.m.; West Palm Beach and Tallahassee, FL; amended as to paragraph 2).
Jan. 23, 2017 Order Granting Motion to Cancel First Day of Two-Day Final Hearing.
Jan. 23, 2017 Respondent's Notice of Fililng Exhibits and List of Exhibits filed (exhibits not available for viewing).
Jan. 20, 2017 Respondent's Unopposed Motion to Cancel First Day of Two-Day Final Hearing Scheduled for January 24 and 25, 2017, and Hold the Final Hearing Only on January 25, 2017 filed.
Jan. 20, 2017 Parties' Joint Pre-hearing Stipulation filed.
Jan. 20, 2017 Petitioner's Exhibits (List) filed.
Jan. 20, 2017 Respondent's Notice of Filing Exhibits and List of Exhibits filed.
Jan. 13, 2017 Respondent's Answer to Petitioner's Amended Petition and Incorporated Memorandum of Law filed.
Dec. 20, 2016 Order Granting Motion for Leave to Amend Rule Challenge Petition.
Dec. 19, 2016 Amended Petition Seeking an Administrative Determination that Adopted School Board Policy 2.57 is Void for Lack of Delegated Legislative Authority and/or for Enlarging, Modifying, and/or Contravening the Charter Statute and Amended Petition Under sec. 1002.33(6)(h), Florida Statutes (filed in Case No. 16-005157RX).
Dec. 19, 2016 Petitioner's Unopposed Motion for Leave to Amend Rule Challenge Petition (filed in Case No. 16-005157RX).
Dec. 09, 2016 Order Granting Continuance and Re-scheduling Hearing by Video Teleconference (hearing set for January 24 and 25, 2017; 9:30 a.m.; West Palm Beach and Tallahassee, FL; amended as to ).
Dec. 09, 2016 Order on Motions.
Dec. 09, 2016 CASE STATUS: Pre-Hearing Conference Held.
Dec. 07, 2016 Notice of Telephonic Motion Hearing (motion hearing set for December 9, 2016; 11:30 a.m.).
Dec. 06, 2016 Order Denying Leave to Reply.
Dec. 06, 2016 Petitioner's Opposition to Respondent's Motion for Leave to File Reply to Petitioner's Response in Opposition to Motion to Dismiss & Petitioner's Concurrence in Respondent's Joining Petitioner's Motion to Continuance of Final Hearing (filed in Case No. 16-005157RX).
Dec. 06, 2016 Respondent's Motion for Leave to File Reply to Petitioner's Response in Opposition to Respondent's Motion to Dismiss and Response Joining Petitioner's Motion for Continuance of Final Hearing filed.
Dec. 06, 2016 Respondent's Amended Notice of Unavailbility filed.
Dec. 06, 2016 Respondent's Notice of Unavailability (Sean Fahey) filed.
Dec. 02, 2016 Respondent's Response to Petitioner's Motion for Continuance of Final Hearing and Motion for Leave to Amend Charter Petition filed.
Dec. 02, 2016 Petitioner's Response in Opposition to Respondent's Motion to Dismiss (filed in Case No. 16-005157RX).
Nov. 30, 2016 Order on Motions.
Nov. 30, 2016 Petitioner's Motion for Continuance of Final Hearing and Motion for Leave to Amend Charter Petition (filed in Case No. 16-005157RX).
Nov. 29, 2016 Respondent's Response to Petitioner's Second Motion for Brief Extension of Time to File Response, and Motion for Extension of Time to File Pre-hearing Stipulation and to Set Respondent's Motion to Dismiss for Telephonic Hearing filed.
Nov. 28, 2016 Petitioner's Second Motion for Brief Extension of Time to File Response to Respondent's Motion to Dismiss Petitioner's Charter Petition for Lack of Jurisdiction filed.
Nov. 28, 2016 Order Granting Extension of Time.
Nov. 21, 2016 Petitioner's Unopposed Motion for Extension of Time to File Response to Respondent's Motion to Dismiss Petitioner's Charter Petition for Lack of Jurisdiction filed.
Nov. 18, 2016 Respondent's Motion to Dismiss "Petition/Notice/Request for Initiation of Proceedings Under Section 1002.33(6)(h) of the Charter Statute" filed.
Oct. 06, 2016 Order Granting Continuance and Rescheduling of Telephonic Status Conference.
Oct. 05, 2016 Respondent's Motion for Continuance of Telephonic Status Conference Scheduled for October 10, 2016 filed.
Sep. 28, 2016 Order of Pre-hearing Instructions.
Sep. 28, 2016 Notice of Hearing by Video Teleconference (hearing set for December 14 and 15, 2016; 9:30 a.m.; West Palm Beach and Tallahassee, FL).
Sep. 28, 2016 Notice of Telephonic Status Conference (status conference set for October 10, 2016; 10:00 a.m.).
Sep. 28, 2016 Order of Consolidating Cases and Granting Continuance (DOAH Case Nos. 16-5126, and 16-5157RX).
Sep. 26, 2016 Notice of Appearance (A. Sagerholm) filed.
Sep. 16, 2016 Notice of Appearance (Sean Fahey) filed.
Sep. 09, 2016 Initial Order.
Sep. 07, 2016 Petition Seeking an Administrative Determination that Adopted School Board Policy 2.57 is Void for Lack of Delegated Legislative Authority and/or for Contravening the Charter Statute and Petition under 1002.33(6)(h) of the Charter School Statute filed.

Orders for Case No: 16-005126
Issue Date Document Summary
Dec. 07, 2018 Mandate
Sep. 25, 2018 Opinion
Jul. 11, 2017 DOAH Final Order School Board Policy 2.57 found valid. Portions of the May 27, 2015, amendments to policy 2.57 invalid in violation of section 120.52(8)(c). Petitioner failed to demonstrate violation of 1002.33(6)(h).
Source:  Florida - Division of Administrative Hearings
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