School Board of Volusia County v. Academies of Excellence, Inc.

2 So. 3d 280, 2007 Fla. App. LEXIS 18808, 2007 WL 4206870
CourtDistrict Court of Appeal of Florida
DecidedNovember 30, 2007
Docket5D06-1054
StatusPublished
Cited by1 cases

This text of 2 So. 3d 280 (School Board of Volusia County v. Academies of Excellence, Inc.) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
School Board of Volusia County v. Academies of Excellence, Inc., 2 So. 3d 280, 2007 Fla. App. LEXIS 18808, 2007 WL 4206870 (Fla. Ct. App. 2007).

Opinions

PALMER, C.J.

The School Board of Volusia County (School Board) appeals the final order entered by the State of Florida, Department of Education (State Board), reversing the School Board’s denial of the charter school application filed by Academies of Excellence, Inc. (Academies). Determining that the record contains competent, substantial evidence to support the State Board’s decision, we affirm.

Academies applied to the School Board for permission to open a charter elementary school in Volusia County, Florida. Pertinent to this appeal, in the application the following information was set forth:

L. Student Performance Standards
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4. To be considered as meeting student performance standards, students must perform at Level 3 and above on the mathematics and reading sections of the Florida Comprehensive Assessment Test.
5. Students who score at or above the 25th percentile on norm-referenced tests are considered to have demonstrated acceptable student performance standards.

Additionally, as part of the finance portion of the application, Academies indicated that it expected to initially enroll 450 students.

The School Board held a hearing to consider Academies’ application. During the hearing, Dr. Chris Colwell, Deputy Superintendent for Instruction Services, testified that Academies’ application failed to set a goal for itself of attaining an A, B, C, or D grade in terms of success of the school. He stated that a specific stated goal was required and appropriate. Next, Colwell took issue with Academies’ standard that “students who score at or above the 25th percentile on norm reference tests are considered to have demonstrated acceptable student performance standards.” He testified that the standard was lower than the standards held by public schools in Volusia County and lower than the standards that would be expected by the State of Florida.

Bill Kelly, Jr., Deputy Superintendent of Finance, opined that Academies’ application lacked evidence of sound financial planning. Specifically, Kelly found Academies’ enrollment projection of 450 students in the first year of operation to be unreasonable. Based on the unreasonable enrollment figure, Kelly stated that Academies’ budget revenues were overstated. [282]*282Kelly also stated that Academies was understating its capital budget by one million dollars for facilities and land costs.

At the conclusion of the hearing, the School Board denied Academies’ application. Specifically, the School Board concluded that Academies’ application failed to meet the standards for minimal acceptance in the areas of student assessment/accountability and finance/class size requirements.

Academies appealed the School Board’s ruling to the Charter School Appeals Commission. The Commission conducted a hearing on the matter. During that hearing, Kathleen Schoenberg, attorney for Academies, argued that Academies’ application properly addressed the statutory requirement regarding student assessment and that the argument over finances was just a difference of opinion between the School Board and Academies.

Ted Doran, attorney for the School Board, argued that Academies had failed for the fourth time to produce an application sufficient statutorily to proceed to the next level. Dr. Colwell testified that Academies’ failure to include a school goal in its application made Academies unaccountable for its performance under the Governor’s A-Plus Plan. Further, Colwell stated that it was unacceptable that Academies considered the 25th percentile to be an acceptable level of student performance. However, he did indicate that Academies had admitted that this figure on their application was a typographical error and that the figure should have been 51st percentile instead of 25th percentile.

In response, Schoenberg stated that Academies mistakenly omitted a sentence stating that the school’s goal was to be an “A” school. However, she argued that omission of that one sentence was not enough to make the entire application deficient.

The Commission asked the parties whether there was a specific requirement that a school grade be part of the application. Colwell admitted that the application template did not include such a requirement and Schoenberg stated that the statute does not require the school to include a school grade as one of its goals.

At the conclusion of the comments on student assessment/accountability, the Commission voted that the School Board had competent, substantial evidence to support its finding that the application was statutorily deficient in the area of student assessment/accountability. However, immediately thereafter, the Commission voted that the School Board’s finding that the application was statutorily deficient in the area of student assessment/aceountability was not good cause for denial.1 After [283]*283more discussion, the Commission voted that the School Board did not have competent substantial evidence to support its finding that the application was statutorily deficient in the areas of finance/class size requirements. Subsequently, the Commission voted to grant Academies’ appeal, thereby overturning the School Board’s denial of Academies’ application.

The School Board appealed that decision to the State Board. The State Board conducted a hearing during which it considered whether to accept the Commission’s recommendation to overturn the decision of the School Board and to grant Academies’ application. During the hearing, a member of the State Board requested clarification regarding the 25th percentile versus the 51st percentile. The head of the appeals commission responded:

I absolutely admonished the applicant that that’s not acceptable. They had noted it. They admitted it. They said it was a typo. They absolutely agree on the record and in writing, it should be 51 percent which is the norm for the FCAT.

Subsequently, the State Board issued a written order upholding the findings and recommendations of the Commission. This appeal timely followed.

The School Board challenges the State Board’s final order, claiming first that the Board deviated from the record below and improperly created its own record during the appeal process. Specifically, the School Board argues that the School Board and Academies were bound by the record developed before the School Board and thus it was error for the parties to add new evidence during the appeal process. We reject this argument because both the School Board and Academies presented, without any objection, testimony before the Commission regarding the issues of student assessment/accountability and finance/class size requirements. Additionally, the School Board did not raise any objections to the comments made during the State Board meeting regarding the 25th percentile promotion rate, nor did the School Board raise the argument before the State Board that it now raises on appeal. Accordingly, the School Board failed to preserve this issue for our review.

In a related argument, the School Board claims that the State Board improperly conducted a de novo review of the evidence by accepting testimony at the State Board hearing. Again, this argument was not properly preserved for our review.

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Related

School Board of Volusia County v. Academies of Excellence, Inc.
2 So. 3d 280 (District Court of Appeal of Florida, 2007)

Cite This Page — Counsel Stack

Bluebook (online)
2 So. 3d 280, 2007 Fla. App. LEXIS 18808, 2007 WL 4206870, Counsel Stack Legal Research, https://law.counselstack.com/opinion/school-board-of-volusia-county-v-academies-of-excellence-inc-fladistctapp-2007.