The Renaissance Charter School and the Lee Charter Foundation, Inc.; Due to the limit on the scope of a declaratory statement, the Department declined to issue a declaratory statement responding to this request for the following reasons: ...

 

DEPARTMENT OF EDUCATION
State Board of Education

NOTICE IS HEREBY GIVEN THAT the Department of Education has declined to rule on the petition for declaratory statement filed by The Renaissance Charter School and the Lee Charter Foundation, Inc. on May 28, 2008. The following is a summary of the agency’s declination of the petition: Due to the limit on the scope of a declaratory statement, the Department declined to issue a declaratory statement responding to this request for the following reasons: Declaratory statements are meant to interpret law, rather than challenge an agency’s decision. Declaratory statements are not an appropriate form of relief when there is pending litigation. The parties filing the Petition have also filed two petitions currently before the Division of Administrative Hearings. While the Department has the authority to issue a declaratory statement as to the application of statutory provisions to a particular set of circumstances, it is not appropriate to entertain a request for a declaratory statement which seeks to essentially challenge an agency decision and is the subject of administrative proceedings.

A copy of the Order Declining of the Petition for Declaratory Statement may be obtained by contacting: Lynn Abbott, Agency Clerk, Department of Education, 325 West Gaines Street, Room 1514, Tallahassee, Florida 32399-0400, [e-mail].