2, \ FLORIDA DEPARTMENT OF eres WH LIULAL TS State Board of Education Sy lv ong Pam Stewart — Commissioner of Education Marva Johnson, Chair Andy Tuck, Vice Chair Members Gary Chartrand Tom Grady Rebecca Fishman Lipsey Michael Olenick ae Ss am ro & Po = >, 2 at: . nm 2 TO: William Pepitone Be Private School Administrator mas = aa o> FROM: Pam Stewart re oO SUBJECT: Administrative Complaint Stewart v. Vision Academy (9072) Agency Case Number: DOE-2017-3538 rr Florida Department of Education (Department) records indicate Vision Academy (9072) (Academy) has been registered as a private school since May 17, 2017, and is now operating at 6101 NW 31 Street, Margate, FL 33063. On June 7, 2017, Academy filed an application to participate in the Gardiner Scholarship Program, the John M. McKay Scholarships for Students with Disabilities Program, and the Florida Tax Credit Scholarship Program, 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. Department records indicate that the Red Shoe, Inc., d/b/a Urban Academy (the Red Shoe), was a former charter school in Broward County operated by Corey Alston. According to the School Board of Broward County (the School Board), the Red Shoe violated the terms of the charter school contract by failing to comply with applicable law. The Red Shoe and the School Board filed a joint stipulated motion for agreed final order, in which the parties agreed that the Red Shoe’s charter would be terminated, effective June 30, 2015. Prior to the termination, the Red Shoe was one of the poorest performing public schools in the state. Prior to the administrative hearing, the Red Shoe disseminated a letter titled “School Expansion and Transition,” indicating that the Red Shoe’s leadership was considering a “transition from a charter school to a private school.” Department records show William Pepitone’s signature on the Red Shoe’s student withdrawal forms. : The Department of State, Division of Corporations, indicates William Pepitone and Corey Alston were registered agents of Summit Point, LLC. Department records also indicate that Summit Point Academy (0910) (Summit Point) was registered as a private school and submitted a request to participate in the John M. McKay Scholarships for Students with Disabilities Scholarship Program and the Florida Tax Credit Scholarship Program, pursuant to sections 1002.39, 1002.395, and 1002.421, Florida Statutes. Department records indicate William Pepitone was Summit Point’s director. www. fidoe.org 325 W. Gaines Street | Tallahassee, Fi. 32399-0400 | 850-245-0505 WHIT AONIBY GATS Based on these facts, the Department concluded that Corey Alston and William Pepitone opened Summit Point as a result of the termination and closure of the Red Shoe Charter School by the Broward County School Board with plans to begin operation as a private school in an effort to receive state scholarship funds from families. Therefore, on August 19, 2015, pursuant to 1002.39(7)(a) and 1002.395(11)(a), Florida Statutes, the Department issued an Administrative Complaint, Case Number DOE-2015-3192, denying Summit Point’s application to participate in the McKay, FTC, and Gardiner (formerly known as the Personal Learning Scholarship Account Program) Scholarship Programs. Having received no timely appeal, the Department issued a final order denying Summit Point’s participation on September 15, 2015. Section 1002.39(7), Florida Statutes, governing the John M. McKay Scholarship for Students with Disabilities Program, and Section 1002.395(11), Florida Statutes, governing the Florida Tax Credit Scholarship Program, provide, in part: The Commissioner of Education: May deny, suspend, or revoke a private school’s participation in the scholarship program if the commissioner determines that an owner or operator of a private school is operating or has operated an educational institution in this state or in another state or jurisdiction in a manner contrary to the health, safety, or welfare of the public. Sections 1002.39(7)(c)(2) and 1002,395(11)(c)(3), Florida Statutes, further provide that the Commissioner may immediately suspend payments to a private school if fraudulent activity on the part of the school is suspected. In addition, the above-mentioned subsections also provide that, in making the determination whether to deny, suspend and/or revoke, the Commissioner may consider factors that include, but are not limited to: imposition of a prior criminal sanction related to an owner’s or operator’s management or operation of an educational institution; imposition of a civil fine or administrative fine, license revocation or suspension, or program eligibility suspension, termination, or revocation related to an owner’s or operator’s management or operation of an educational institution; or other types of criminal proceedings in which an owner or operator was found guilty of, regardless of adjudication, or entered a plea of nolo contendere or guilty to, any offense involving fraud, deceit, dishonesty, or moral turpitude. In making the determination to deny Academy’s participation in the Gardiner, McKay, and FTC scholarship programs, the Department considers the termination of the Red Shoe as well as the denial of Summit Point under the leadership of William Pepitone. The Department finds that using the Red Shoe and Summit Point as a means to defraud the State constitutes operating an educational institution in a manner contrary to the health, safety, or welfare of the public. Therefore, Academy’s application to participate in state funded scholarship programs is denied. www.fidoe.org 325 W. Gaines Street | Tallahassee, FL_32399-0400 | 850-245-0505 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 on this 25> day of awe 2017. Pam Stewart CERTIFICATE OF SERVICE 1 HEREBY CERTIFY that a true and correct copy of the foregoing was furnished by certified and regular U.S. Mail to: Vision Academy (9072) Attn: William Pepitone 6101 NW 31 Street Margate, FL 33311 this <5O dayof_ Vege ,2017. a Clerk ° www.fidoe.org 325 W. Gaines Street | Tallahassee, FL 32399-0400 | 850-245-0505

Docket for Case No: 17-004289SP