21-001916SP Richard Corcoran, As Commissioner Of Education vs. Academy School Of Excellence (8250) Status: Closed Recommended Order on Friday, September 10, 2021.

Summary: Application for scholarship programs should be denied where prior company with same corporate officers had its participation in programs revoked.

S TATE OF F LORIDA

D IVISION OF A DMINISTRATIVE H EARINGS

R ICHARD C ORCORAN , A S C OMMISSIONER

OF E DUCATION ,

Petitioner ,

vs. Ca se No. 21 - 1916SP

A CADEMY S CHOOL OF E XCELLENCE

(8250) ,

Respondent .

/

R ECOMMENDED O RDER

This case came before Administrative Law Judge (ÑALJÒ) Darren A.

Schwartz of the Division of Administrative Hearings (ÑDOAHÒ) for final

hearing by Zoom conference on July 16, 2021.

A PPEARANCES

For Petitioner: Jason Douglas Borntreger, Esquire

Paula Harrigan, Esquire

Department of Education

325 West Gaines Street , Suite 1544

Tallahassee, Florida 32310

For Respondent: Simone Rolle, pro se

Academy School of Excellence

2000 East Oakland Park B oulevard , Suite 10 8

Fort L auderdale, Florida 33306

S TATEMENT OF T HE I SSUE

Whether Petitioner, Richard Corcoran, as Commissioner of Education

(ÑDOEÒ), properly denied the application of Respondent, Academy School of

Excellence (8250) (ÑAcademyÒ), to participate in the Florida Sta te scholarship

programs under chapter 1002, Florida Statutes (2020).

P RELIMINARY S TATEMENT

On January 25, 2021, Academy submitted a n application to DOE to

participate in the state scholarship programs under chapter 1002 . By letter

dated March 22, 2021, DOE notified Academy of the denial of its application .

Dissatisfied with DOEÔs decision, Academy timely requested a formal

administrative hearing. On June 1, 2021, Academy filed an amended

response to DOEÔs denial letter. On June 16, 2021, DOE referred the ma tter

to DOAH to assign an ALJ to conduct the final hearing. On June 18, 2021,

the undersigned entered an Order setting the final hearing for July 16, 2021.

The final hearing was held on July 16, 2021, with all parties present. At

the hearing, DOE present ed the testimony of Laura Mazyck and Jacqueline

Hitch c ock. DOEÔs Exhibits 1 through 14 were received into evidence.

Academy presented the testimony of Simone Rolle and Phyllis Mathis.

AcademyÔs Exhibits B through D and G through R were received into

eviden ce.

The final hearing Transcript was filed at DOAH on August 17, 2021. DOE

timely filed a proposed recommended order on August 27, 2021 , which the

undersigned considered in the preparation of this Recommended Order . On

August 31, 2021, Academy filed a re sponse to DOEÔs proposed recommended

order, which the undersigned has consider ed as AcademyÔs proposed

recommended order. Although AcademyÔs proposed recommended order was

filed late, the undersigned has nevertheless considered it in the preparation

of thi s Recommended Order because there is no prejudice to DOE . Unless

otherwise stated, all statutory references are to the 2020 version.

F INDINGS OF F ACT

1. DOE is the state government al entity charged with administering and

overseeing the following state scholarship programs pursuant to

section 1002.421 : (1) the John M. McKay Scholarship for Students with

Disabilities Program ; (2) the Florida Tax Credit Scholarship Program ; (3) the

Family Empowerment Sch olarship Program ; (4) the Hope Scholarship

Program ; a nd (5) the Reading Scholarship Program.

2. E dith Robinson Christian Academy (4465) (ÑEdith RobinsonÒ), is a

private school established by Phyllis Mathis in 2009 . I n May 2010, DAJ

Unlimited Inc. (ÑDAJ UnlimitedÒ) , was formed as a not - for - profit Florida

cor poration to operate Edith Robinson and Ms. Mathis registered

Edith Robinson as a fictitious name owned by the corporation.

3. In each of the annual reports filed by DAJ Unlimited with the Florida

Secretary of State in 2011 through 2015, Ms. Mathis is id entified as president

and Ms. Rolle , Ms. MathisÔs goddaughter, as vice president. As officers and

directors, both Ms. Rolle and Ms. Mathis had decision - making authority and

were , therefore , owners and operators of Edith Robinson.

4 . In an administrative c omplaint dated May 4, 2015, DOE notified

Ms. Mathis of the immediate suspension of scholarship payments to

Edith Robinson , and revocation of Edith RobinsonÔs participation in the state

scholarship programs, based on the alleged filing of fraudulent fire an d

health inspection reports , and Edith RobinsonÔs failure to notify DOE of a

change in the schoolÔs physical location and mailing address. DOE also

demanded that Edith Robinson return $469,086.90 in scholarship funds.

5 . On July 14, 2015, DOE entered a Fi nal Order finding that

Edith Robinson failed to timely file a request for an administrative hearing to

contest the allegations and dismiss ed its request for an administrative

hearing , with prejudi ce . Accordingly, the findings , conclusions , and proposed

age ncy action in the administrative complaint became final and

Edith Robinson was no longer eligible for scholarships. No evidence was

presented that Edith Robinson appealed the Final Order.

6 . In the meantime, while DOEÔs administrative complaint against

Ed ith Robinson was pending, Academy was formed as a not - for - profit Florida

corporation on June 29, 2015 .

7. In the articles of incorporation filed by Academy with the Florida

Secretary of State on June 29, 2015, Ms. Rolle is identified as president , and

Ms. Mathis as vice president. In each of the annual reports filed by Academy

with the Florida Secretary of State from 2016 through 2018, Ms. Rolle is

identified as president and Ms. Mathis as vice president.

8. Subsequently, on August 24, 2018, Ms. Mathis re signed as vice

president , and therefore, the 2019 annual report filed by Academy with the

Florida Secretary of State on April 30, 2019, does not identify Ms. Mathis as

vice president. However, in April 2020, AcademyÔs articles of incorporation

were amended by Ms. Rolle to add Ms. Mathis as vice president. Accordingly,

the 2020 and 2021 annual reports filed by Academy with the Florida

Secretary of State on June 7, 2020 , and January 28, 2021, respectively,

identify Ms. Mathis as vice president. As officers an d directors of Academy ,

both Ms. Mathis and Ms. Rolle ha ve decision - making authority and are

therefore owners and operators of Academy .

9 . On September 23, 2016, DAJ Unlimited was administratively dissolved

by the Florida Secretary of State. However, a n ew corporation, Edith

Robinson Christian Academy, Inc., was established in 2017.

10. Although Edith Robinson no longer receives scholarship monies

because of the Final Order, it continues to operate as a private school under

the corporate structure of Edi th Robinson Christian Academy, Inc. To date,

the scholarship monies demanded by DOE have not been repaid.

11. The annual reports submitted by Edith Robinson Christian Academy,

Inc., to the Florida Secretary of State for 2018 through 2020, identify

Ms. Mat his as president and Ms. Rolle as vice president. Ms. Mathis and

Ms. Rolle continue to be officers and directors of Edith Robinson Christian

Academy, Inc., with decision - making authority . Accordingly, Ms. Rolle and

Ms. Mathis are owners and operators of Ed ith Robinson Christian Academy,

Inc.

1 2 . In addition, a review of the most recent annual report filed by

Academy with the Florida Secretary of State reflects that AcademyÔs mailing

address is the same as that of a home owned by Ms. Mathis located at

517 N o rthwest 16th Avenue, Fort Lauderdale, F lorida 33311 , and that

Ms. Mathis is the registered agent for Academy .

1 3 . Moreover, a revie w of other annual reports filed by Academy and

DAJ Unlimited reflect th at over some years, Academy and Edith Robinson

occu pi ed spac e in very close proximity to each other at 4000 North State

Road 7, Suites 401 - 2 and 408, Lauderdale Lakes, Florida 33319 .

14. In sum, the credible and persuasive evidence adduced at hearing

demonstrates that Ms. Mathis and Ms. Rolle owned and oper ated

Edith Robinson in the State of Florida, in a manner contrary to the health,

safety, and welfare of students or the public. Because Edith Robinson was

previously barred from state scholarship eligibility due to fraud, health, and

safety concerns, and M s. Mathis and Ms. Rolle, as officers and directors, own

and operate both Edith Robinson and Academy, AcademyÔs application to

participate in the scholarship programs should be denied.

C ONCLUSIONS OF L AW

1 5 . DOAH has jurisdiction over the parties and subj ect matter pursuant

to sections 120.569 and 120.57(1), Florida Statutes.

1 6 . In the instant case, Academy has applied for an application to

participate in the scholarship programs and challenges DOEÔs decision to

deny the application.

1 7 . Generally, the applicant requesting to participate in the scholarship

programs has the burden of proof to demonstrate, by a preponderance of the

evidence, that it satisfies the requirements and is eligible to participate in

the programs. DepÔt of Banking & Fin. v. Osborn e Stern & Co. , 670 So. 2d

932, 934 (Fla. 1996). However, in the instant case, DOE does not base its

denial on anything having to do with the application itself. Rather, DOE

based its decision on specific instances of alleged wrongdoing. Accordingly,

the bu rden in this particular proceeding belongs to DOE to establish, by a

preponderance of the evidence, the alleged wrongdoing upon which it relies

for its decision to deny the application. Id. ; DepÔt of Child. & Fam. v. Davis

Fam . Day Care Home , 160 So. 3d 85 4, 856 - 57 (Fla. 2015).

1 8 . DOEÔs denial of AcademyÔs application is based on section 1002.421,

which provides, in pertinent part, as follows:

(3) COMMISSIONER OF EDUCATION

AUTHORITY AND OBLIGATIONS. - The

Commissioner of Education:

* * *

(b) May deny, suspend, or revoke a private

schoolÔs participation in a scholarship program if

the commissioner determines that an owner or

operator of the 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 or if the owner or operator has exhibited a

previous pattern of failure to comply with this

section or specific requirements identified within

respective scholarship prog ram laws. For purposes

of this subsection, the term Ñowner or operatorÒ has

the same meaning as provided in paragraph (1)(p).

(c)1. In making such a determination, may

consider factors that include, but are not limited to,

acts or omissions by an owner or operator which led

to a previous denial, suspension, or revocation of

participation in a state or federal education

scholarship pro gram; an ownerÔs or operatorÔs

failure to reimburse the department or scholarship -

funding organization for scholarship funds

improperly received or retained by a school; the

imposition of a prior criminal sanction related to an

ownerÔs or operatorÔs manage ment or operation of

an educational institution; the imposition of a civil

fine or administrative fine, license revocation or

suspension, or program eligibility suspension,

termination, or revocation related to an ownerÔs or

operatorÔs management or operat ion 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.

* * *

( d) May immediately suspend payment of

scholarship funds if it is determined that there is

probable cause to believe that there is:

1. An imminent threat to the health, safety, or

welfare of the students;

2. A previous pattern of failure to comply with

this s ection; or

3. Fraudulent activity on the part of the private

school.

1 9 . Pursuant to section 1002.421(1)(p), Ñthe term Óowner or operatorÔ

means an owner, operator, superintendent, or principal of, or a person with

equivalent decision - making authority ove r, a private school participating in a

scholarship program established pursuant to this chapter. Ò

20 . Turning to the instant case, DOE proved, by a preponderance of the

evidence, that AcademyÔs application to participate in the scholarship

programs pursuan t to section 1002.421 should be denied. As detailed above,

Edith Robinson was a private school participating in the scholarship

programs until its participation was revoked for engaging in fraudulent

activity and fail ing to maintain a physical location and mailing address . This

conduct was contrary to the health, safety, or welfare of students or the

public .

21 . On the precipice of the revocation of Edith RobinsonÔs participation in

the scholarship programs, Academy was formed and began operating under

the ownership and operation of both Ms. Mathis and Ms. Rolle .

22. Ms. Mathis and Ms. Rol l e have been owners and operators of both

Edith Robinson and Academy with decision - making authority , and with both

schools , at times, sharing common mailing addresses and locat ions in very

close proximity to each other .

R ECOMMENDATION

Based on the foregoing Findings of Fact and Conclusions of Law, it is

R ECOMMENDED that Petitioner, Richard Corcoran, as Commissioner of

Education, enter a Final Order upholding the denial of the application of

Respondent, Academy School of Excellence (8250), to participate in the

scholarship programs.

D ONE A ND E NTERED this 1 0 th day of September , 2021 , in Tallahassee,

Leon County, Florida.

S

D ARREN A. S CHWARTZ

Administrative Law Judge

1230 Apalachee Parkway

Tallahassee, Florida 32399 - 3060

(850) 488 - 9675

www.doah.state.fl.us

Filed with the Clerk of the

Division of Administrative Hearings

this 1 0 th day of September , 2021 .

C OPIES F URNISHED :

Anastasio s Kamoutsas, General Counsel Richard Corcoran , Commissioner of Education

Department of Education Department of Education

Turlington Building Turlington Building

Suite 1244 Suite 1514

325 West Gaines Street 325 West Gaines Stree t

Tallahassee, Florida 32399 - 0400 Tallahassee, Florida 32399 - 0400

Paula Harrigan, Esquire Jason Douglas Borntrege , E squire

Department of Education Department of Education

Suite 1544 Suite 1544

325 West Gaines Street 325 West Gaines Street

Tallahassee, Florida 32310 Tallahassee, Florida 32310

Chri s Emerson, Agency Clerk Simone Rolle, Principal

Department of Education Academy School of Excellence

Turlington Building Suite 108

Suite 1520 2000 East Oakland Park Boulevard

325 West Gaines Street Fort Lauderdale, Florida 33306

Tallahassee, Florida 32399 - 0400

N OTICE OF R IGHT T O S UBMIT E XCEPTIONS

All parties have the right to submit written exceptions within 1 0 days from

the date of this Recommended Order. Any exceptions to this Recommended

Order should be filed with the agency tha t will issue the Final Order in this

case.