11 3 11 Redacted MDCPS Final Notice Noncompliance

8/3/2019 11 3 11 Redacted MDCPS Final Notice Noncompliance

1/10

Superintendent of SchoolsAlberto M CarvalhoDistrict/School OperationsDeputy SuperintendentFreddie Woodson November 3, 2011

VIA ELECTRONIC MAIL, DELIVERY RECEIPT [email protected]@aandm. netMs. Ruth Montaner, Governing Board ChairActing for All, Inc., Academy of Arts and Minds Charter SchoolRE: FINAL NON-COMPLIANCE NOTICEDear Ms. Montaner:

Miami-Dade County School BoarPe1la Tabares Hantman, Cha

Dr Lawrence S. Feldman, Vice ChaDr. Dorothy Bendross-Mindinga/

Carlos L. CurbelRenier Diaz de Ia PortilD1: Wilbert "Tee" Hollowa

Dr Martin KarDr. Marta PereRaquel A Regalad

The District is in receipt of an undated, unsigned document on the Academy of Arts and MindsCharter High School (School) letterhead, submitted by Mr. Daniel Woodring, of Woodring LawFirm, to the School Board Attorney's Office via email on October 31, 2011 (Attachment A). It isassumed that this communique has been sent on behalf of the Governing Board and the schooland is the response to the District's letter dated October 26, 2011, in lieu of the Board'sagreement to the conditions set forth in that October 26 letter. Mr. Woodring's correspondencehas been forwarded to the office of Charter School Operations fo r review and evaluation.Your response is insufficient because it provides no documented evidence, throughgovernance, administration, or contracted services, that proper procedures and staff have beenimplemented to ensure a realistic timeline to resolve the current SPED issues or an appropriateplan to prevent delays in provision for future SPED services. Additionally, no assurance hasbeen provided that the school has a paramount interest in their SPED students and is providingthe legally required services to which they are entitled. The school's egregious failure to providerequired SPED services creates a serious potential to detrimentally impact a fragile studentpopulation and violates federal and state law and statutory ethical standards.Furthermore, your disregard for the original deadline which provided approximately 30 days tosubmit an accounting of fees charged to students over the past five years is yet anotherexample of poor recordkeeping and accounting and displays a lack of respect for the law andthe expectation that these students have a constitutional right to a free public education. Thisschool, with an education program designed around performing arts, is still a public school, andmaterials germane to the education program design should be provided by the school and notcharged to the students and their parents.However, in the best interest of the children enrolled in the school, the District will release FTEpayment for the month of October, less the $38,994 related to SPED programs, resulting in anet amount of $146,943. The amount retained will be released upon full compliance of all SPEDissues indicated in the letter dated October 26, 2011. This payment d.oes not in any wayconcede that the District accepts or supports the school's actions on any of the non-complianceissues but serves as an indicator of the District's priority on the well-being of its students toensure that poor governance and administration do not impact the greater good, which includesthe general operations of the school.

District/School Operations School Board Administration Building 1450 N.E. 2nd Avenue Suite 905 Miami. FL 33132305-9952938 305-995-4175 (FAX) sctioo/operations.dadeschool:s.net


2/10

The District is the fiscal agent and has a fiduciary responsibility to ensure proper use of publicfunds and that each student has access to free and appropriate public education. The Districtwill continue to insist that the school meet its obligations to comply with the charter schoolcontractual agreement, School Board policies, and federal and state law.This is the second and final notice of non-compliance and material breach of the charterschool contractual agreement and violation of law and School Board Policy. Failure to provideadequate documentation of all outstanding issues by 4:30 p.m. on Wednesday,November 9, 2011, will result in a recammendation to the School Board to approve 90-day termination of the contractual agreement with Acting fo r All, Inc. and the subsequentclosure of the Academy of Arts and Minds Charter Schaal. A Board item is currentlybeing drafted far the November 22, 2011, School Board Meeting, Agenda Item C-36.Documentation shall be delivered to the attention of Ms. Tiffanie A. Pauline at Charter SchoolOperations, School Board Administration Building, Suite 812, 1450 Northeast Second Avenue,Miami, Florida 33132. If you have any questions, please contact Dr. HelenS. Blanch, AssistantSuperintendent, School Choice, at 305-995-4266, or Ms. Tiffanie A. Pauline, AdministrativeDirector, Charter School Operations, at 305-995-1403.

FW:tpL118Attachmentcc: School Board MembersSchool Board Attorney

Mr. Alberto M. CarvalhoMr. Jose Montes de Oca, CPAMs. Milagros R. FarnellDr. Richard H. HindsDr. Helen S. BlanchMs. Melinda McNichols, Esq.Mr. Julio MirandaMs. Ava GoldmanMs. Tiffanie A. PaulineMs. Nicki BrissonMr. Christopher MorganMs. Arlene ExelbertMr. Jorge Suarez, Principal

. F. e die oodson, Deputy Superintendentistrict!School Operations

Mr. Daniel Woodring, Esq -Academy of Arts and MindsMr. Mike Kooi, Florida Department of EducationMr. Adam Miller, Florida Department of Education

Page 2 of2


3/10

Attachment A

SlNTeAcnNc:; FOR ALL INC.academy of arts & minds charter high school3138 COMMODORE PLAZA SUITE 102 MIAMI. FLORIDA 33133TEL: (305) 4481100 FAX: (305) 4481370 E.MAIL: MAILCiiJAANDM.NET

Having reviewed the time required to obtain some requested data, and with the realization thatthe same few employees will be involved in providing most of the requested materialscoordinating the required services, the School proposes to provide to the District the following asrequested: SPED SeryicesFirst, the Board will be taking steps to make sure procedures are in place so that any problemstimely dealing with the requirements of IEPs are not repeated, even if there is a turnover inpersonnel, and will share these procedures with the district.

Secondly, subject to any conditions beyond the control of the School that would preventthe School from performing the obligations hereinafter set forth, the School is providing, oragrees to provide the following:

Student A- Speech Therapy - The School has made arrangements with Kids Chat Therapy toprovide speech therapy, by a licensed Speech Language Pathologist, as currentlyprescribed in the student's IEP, beginning no later than next Friday November 4,2011. Student A will receive weekly sessions of speech therapy, as prescribed inthe IEP. The student will receive, for a period of nine (9) weeks one additionalremedial weekly session of speech therapy, to make up for the 9 sessions missedat the beginning of he 20112012 School Year.Student B - Speech Therapy The School has made arrangements with Kids Chat Therapy toprovide speech therapy, by a licensed Speech Language Pathologist, as currentlyprescribed in the student's IEP, beginning no later than next Friday November 4,2011. Student B will receive weekly sessions of speech therapy, as prescribed in

the IEP. The student will receive, for a period of nine (9) weeks one additionalremedial weekly session of speech therapy, to make up for the 9 sessions missedat the beginning of he 2011-2012 School Year.Student C - Individual Educational Plan - Expired March 3, 2011. This student is notenrolled at the School. See attached ISIS printout labeled Student C.


4/10

r"

Attachment AStudentD- Individual Educational Plan- Expired March 27, 2008. The School completedthis IEP October 19,2011.Student E- Individual Educational Plan-Expired October 12, 2011. The School completedthis IEP October 20, 2011. The Student's RT is scheduled for next WednesdayNovember 2, 2011.StudentF-

StudentG-

StudentH-

Student!-

StudentJ-

StudentK-

Student L

StudentM

StudentN-

Student 0

StudentP

Student Q-

Individual Educational Plan-Expired October 12, 2011. The School has mademeeting arrangements to complete this IEP Thursday November 3, 2011.Individual Educational Plan - This Student is not on the List provided by theDistrict. Attached is the list providedby the District today, labeled Student G.Re-Evaluation - Expired May 14, 2011. The school has made arrangements tocomplete this RT next Tuesday November I, 2011.Re-Evaluation - Expired September 17, 2011. The school has madearrangements to complete this RT next Tuesday November 1, 2011.Re-Evaluation - The IEP for this student is current. The IEP expires March 23,2012. Attached is the ISIS printout on this student labeled Student J.Re-Evaluation - This is the Same Student as Student C. This student is notenrolled at the School. See attached ISIS printout labeled Student C.Re-Evaluation- Expired June 2, 2011. The school has made arrangements tocomplete this RT next Tuesday November 1, 2011.Re-Evaluation- Expired February I, 2008. The School has made arrangementsto complete this RT next Tuesday November 2, 2011.Re-Evaluation- Expired February 6, 2011. The School has made arrangementsto complete this RT next Tuesday November 2, 2011.Re-Evaluation- Expired October 3, 2011. The School has made arrangements tocomplete this RT next Tuesday November 1, 2011.Re-Evaluation- Expired October 16, 2011. The School has made arrangementsto complete this RT next Tuesday November 2, 2011.Re-Evaluation - This student's IEP is current. Attached is the ISIS printoutlabeled Student Q. A re-evaluation conference has been scheduled for this studentNovember 7, 2011.


5/10

Attachment AStudent R - Re-Evaluation - No RT required. Student dismissed by the District fromprogram on October 2, 2008. Attached is ISIS printout labeled Student R showingdismissal.Student S - IEP Services - Resource Room Placement. 30 Minutes of Occupational Therapyper week. The School has scheduled a meeting with the parents of the studentnext week, on November 3, 2011.

Every Friday, the School will provide a weekly Written Status Report to the CSO untilfull compliance, which, except for the compensatory speech therapy services being provided forthe next nine weeks, will take place no later than November 21, 2011.The CSO shall review the Weekly Status Report and the records of the referencedstudents. I f he CSO finds the School to be in compliance, the CSO shall issue a letter directed tothe School stating that the School has corrected and satisfied all the deficiencies related to SPEDservices noted in the District's letter of Octeber 26, 2011 and the School is in compliance withthe law and regulations pertaining to SPED services.

Student Fees.

Because this information, some of which is archived and some of which will need to becompiled from separate records, will take some time to collect and compile, the school proposesto provide this information in 2 phases. The School will provide a report ofmonies collected bythe School for student fees for the years 2010-2011, 2009-2010 and 2008-2009 by FridayNovember 18, 2011. The School will provide a report of monies collected by the School forstudent fees for the years 2008-2009 and 2007-2008 by Friday December 9, 2011. The reportwill be separated by year, indicating the student's name, amount collected and itemization of thefees assessed.

Investigation by the Office of Management and Compliance Audits.On or before November 7, 2011, the School will provide the Office ofManagement andCompliance Audits the information and documents requested in the letter dated October 24,2011.

Overdue Payment for AP Services.The School had sent the check and is checking on this and will provide the districtevidence the payment was received when that information is received.


6/10

ENTERED - - - WITHDREW - - -CUR: EOl 08 I 23 I 10 W3A 06 I 10 I 11

DCF13TH YEAR STUDENT PRIOR RES/ENROLL TYPE/CODE D 13 SSN: 033 - 78 - 8240

ACCEL GRAD OPT -------------SHARED SCHOOL-------------- CURRENTBIRTHDATE VERIFICATION lEARLY ADM STU I IPOSTSECONDARY EDUCATIONDATE ENTERED C P S ~ 10 I 12 I 01CROSS REF. ID:

LAST TRANS DATE: 10 / 21 / l lOPERATOR: YSTRANS CODE: SCHL:EFFECTIVE DATE: I I


7/10

tu:.; Letter ot NOn'"\..ompuance tmG \,.:OMmons tort 1 ..l'ayment h t t p s : l ! p o r t a l - m a u . a a a e s c h o o J s . n e t l e 7 e C h a n g e / Y . 2 5 7 8 2 / l . n b o X I ~ Lette

1of6

Attachment A ~ R e p l y RepJy to all G+ Forward i "!J e1 )( l ,.- 1Close [ Help0 This message was sentwith high importance.From:Th:Cc:SubjectAttachments:

Mr. Suarez,

Brisson, Nicki L.Suarez, Jorge J.; Pauline, Tifftmie A.; TanU$, M e r ~ e s C.Bxelbert, Arlene W.; Huseby, Melissa B . ~ Blanch. HelenS.; Boyce, Karen V.RE: Letter ofNon-Complianceand Conditions for PTE Payment

Sent: Fril0/28/2011 11:56 AM

Below, please :find the students which correspond to Ms. Pauline's letter dated October 26, 2011.StudentA ~ - --~ - -~ ~ - ----~ - -

~ - -l0/281201112:33PM


8/10

SI88-95-G2JO ESE SERVICES

CONSENT

SCALE PGIFTED ELIGIBILITY

---PLACEMENT--- FOR CURRENT ELIG EVAL PLACEMENTEXCP STATUS REASON EVAL EVALUATION DETERM TYPE DATE DISMISSAL

K P 10 22 01 03 12 02 05 01 02 I? 01 oa 0'2 MM DD YYSPECIFIC LEARNING D I S A B ~ - - -- - - -AST TRANS: 10 I 21 I 11


9/10

DURATION: 09 I SCALE VSCHL/DISTRICT PROVIDED: IDEA ED ENV: GIFTED ELIGIBILITY -- - - - ~ - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -CONSENT---PLACEMENT--- FOR CURRENT ELIG EVAL PLACEMENTEXCP STAT.US REASON EVAL EVALUATION DETERM TYPE DATE DISMISSAL

LGIFTEDp 07 21 00

MM DD YY

MM DD YY

MM DD YY

~ C

07 26 00 OSMM DD YY MM

MM DD YY MMMM DD YY MM

23 00 p 08 23 00 MM DD YYDD yy MM DO YY. MM DO YYDO YY MM DO YY MM DD YYDD YY MM DD YY MM DD YY

LAST TRANS: 09 I 14 I 10


10/10

B V ~ ~ - ~ l V U ~ ~ l l ~ B ~ l l V ~ SI88-95-G2JD ESE SERVICES

DURATION: 10 I 1IDEA ED ENV:

SCALE VGIFTED ELIGIBILITY -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ~ - - - - - - - - - - - - - - - - - - - - - - - - - -CONSENT---PLACEMENT--- FOR CURRENT ELIG EVAL PLACEMENT

EXCP STATUS REASON EVAL EVALUATION DETERM TYPE DATE DISMISSALL N p 10 01 03 10 08 03 11 05 03 p 11 05 03GIFTED

MM DD YY MM OD YY MM .DD YY MM DD YYMM DO YY MM DD YY MM DO YY MMMM DD YY MM DD YY MM DO YY MM MM DO YY

LAST TRANS: l I 06 I l l

11 3 11 Redacted MDCPS Final Notice Noncompliance

Documents

Transcript of 11 3 11 Redacted MDCPS Final Notice Noncompliance