tea letter to prime prep academy
TRANSCRIPT
-
7/21/2019 TEA letter to Prime Prep Academy
1/44
TE
exas Education Agency
1701 North Congress Avenue Austin Texas
78701 1494
512463 9734
512463 -9838 FAX tea.texas.gov
January 13, 2015
Mr. Chris Lewis, Board President
Uplift Fort Worth, CDC
4400 Panola Ave.
Fort Worth, TX 76103
Mr. Ron Price, Superintendent
Prime Prep Academy
3102 Maple Ave., Suite 140
Dallas,
TX
75201
RE: Open-Enrollment Charter Held by Uplift Fort Worth, CDC 220-818)
Dear Mr. Lewis and Mr. Price:
Michael Williams
Commissioner
Via Certified Mail
The purpose of this letter
is
to provide official notification regarding my decision to appoint a Board
of Managers for Prime Prep Academy (the charter school). Because of the charter school s statutory
violation and the negative consequences
of
that violation to current students
of
the charter school, I
am compelled to appoint this Board of Managers. TEC 12.116(d)(1) specifically allows the
appointment of this Board to a charter school that I have decided to revoke.
ackground
In correspondence dated July 15, 2014, the Texas Education Agency (TEA) notified the charter
school of the TEA s intention to revoke the open-enrollment charter. (Consisting of Noticeof Findings
and Notice of Intent to Revoke Open-Enrollment Charter and accompanying exhibits, all attached as
Exhibit A). The revocation notice was based on the charter holder S ineligibility to participate in child
nutrition programs for a period of more than 30 days, which demonstrates a failure to comply with
generally accepted standards of fiscal management. 19 TAC 100.1022(c) . On July
30,
2014, the
charter school requested
an
informal review of this decision. (Consisting of an initial response, three
exhibits, and a supplemental response, all attached
as
Exhibit B). On August 25, 2014, the TEA
notified the charter school that after
an
informal review of its response, I had made my final decision
to revoke the open-enrollment charter. (Attached as Exhibit C). The revocation decision
is
currently
docketed with the State Office of Administrative Hearings (SOAH) for review.
Recently I have learned that the financial situation at the charter school has deteriorated significantly.
I understand that teachers were not timely paid for December 2014 and rental payments were not
timely made for the charter school facility. I understand that the charter school s December 2014
-
7/21/2019 TEA letter to Prime Prep Academy
2/44
Uplift FortWorth CDC
Page 2
allotment from the Foundation School Program was subject to a warrant hold. Given the recent
deterioration of the charter school s financial situation, I am now compelled to exercise my authority
to appoint a Board
of
Managers to ensure the orderly operation
of
this charter school while my
revocation decision is pending.
Board
of
Managers
I am appointing a Board
of
Managers to the charter school to exercise the powers and duties
of
the
charter school s board members under the authority
of
TEC 12.116(d)(1) and 39.112. This
intervention is authorized because I have made my final decision to revoke the open-enrollment
charter
school. This Board will exercise all the powers and duties assigned to the charter school s
board by law, rule or regulation. TEC 39.112(a). The powers
of
the charter holder board are
suspended during the period
of
the appointment of this Board. TEC 39.112(b). This provision also
requires me to appoint a superintendent. TEC 39.112(b). I will announce my appointments in
upcoming correspondence.
Review Process
Pursuant to
19
TAC 157.1131(2), the charter school may request a formal review of the appointment
of this Board . A request for a formal review must be in writing and received by TEA no later than January
16,2015,
and
may be addressed as follows:
Division
of
Enforcement Coordination
Texas Education Agency
1701 North Congress Avenue
Austin, Texas 78701
Fax: (512) 475-3665
The rules regarding the request for a formal review are attached as Exhibit
D.
I may make a final
decision based solely
on
the written correspondence sent by the charter school.
Compliance and
Cooperation
Any questions regarding this correspondence may be addressed to the Division
of
Enforcement
Coordination at (512) 463-3544 or [email protected].
U I ~ I
.. Williams
r. mlmi.:
-
7/21/2019 TEA letter to Prime Prep Academy
3/44
Uplift Fort Worth CDC
Page
3
cc:
Dr. Clyde Steelman Executive Director Region Education Service Center
Michael Berry Deputy Commissioner Policy and Programs TEA
Sally Partridge Associate Commissioner for Accreditation and School Improvement TEA
Lisa Dawn-Fisher Associate Commissioner School Finance TEA
Alice McAfee Associate Commissioner Complaints Investigations and Enforcement
TE
Nora Hancock Associate Commissioner Grants and Fiscal Compliance
TE
Criss Cloudt Associate Commissioner Assessment and Accountability
TE
Von Byer General Counsel TEA
Christopher Jones Senior Legal Counsel TEA
Eric Marin Legal Counsel TEA
Ron Rowell Director of Governance TEA
Heather Mauze Director of Charter School Administration TEA
-
7/21/2019 TEA letter to Prime Prep Academy
4/44
T
1701 North Congress Ave Austin,Texas787011494 512463-9734 5124639838FAX www.tea.state.tx.us
July 15, 2014
NOTICE OF FINDINGS AND
NOTICE
OF
INTENT TO REVOKE
OPENENROLLMENT CHARTER
Mr.
Chris Lewis, Board President
Uplift Fort Worth, CDC
4400 Panola Ave.
Fort Worth, TX 76103
Mr.
Ron Price, Superintendent
Prime Prep Academy
4400 Panola Ave.
Fort Worth, TX 76103
RE: Open-Enrollment
Charter
Held
by Uplift Fort
Worth CDC
Dear Mr. Lewis and Mr. Price:
220818
20132014
ertified Mail
nd
Email
ertified Mail
nd
Email
This is to notify you that
I
as the designee of the Commissioner of Education, intend to
revoke the open-enrollment charter held by Uplift Fort Worth, CDC (hereinafter referred to as
the charter holder ) based on the findings that the charter school (1) failed to satisfy generally
accepted accounting standards of fiscal management; and (2) failed to comply with Texas
Education Code (TEC), Chapter 12, Subchapter D. and its associated rules. TEC 12.115(a);
19 Texas Administrative Code (TAC) 100.1021(a).
xhibit
-
7/21/2019 TEA letter to Prime Prep Academy
5/44
drrvn ik. d = .... _ ......_ .....
I.
The OpenEnroliment Charter
On or about April 19, 2012, Barbara Cargill, Chair for the State Board of Education
(SBOE), and Damien Wallace executed a charter contract creating the openenrollment charter
school that is the subject of this action. ( Contract for Open-Enrollment Charter School attached
as Exhibit A). The contract provides that the terms of the open-enrollment charter granted by
the SBOE to the charter holder include:
(a) [the charter) contract; (b) applicable law; (c) Request for Application 70110-
118; (d) any condition, amendment, modification, revision or other change to the
charter adopted or ratified
by
the [SBOE) or the Commissioner; and (e) all
statements, assurances, commitments and representations made by Charter
Holder in its application for charter, attachments or related documents, to the
extent consistent with the aforementioned (a) through (d).'
II.
Demonstration
of Unsatisfactory Financial Perfonmance and
Failure
to Comply with
Texas Education Code, Chapter 12,
Subchapter
0, and
Associated
Rules
The commissioner shall revoke the charter of an openenrollment charter school or
reconstitute the governing body of the charter holder if the commissioner determines, among
other determinations, that the charter holder: failed to satisfy generally accepted accounting
standards of fiscal management or failed to comply with TEC Chapter
12
Subchapter D or
another applicable law or rule. TEC 12.115(a). Minimum financial performance
is
required of
open-enrollment charters, and continuation of a charter is contingent upon the charter holder
satisfying generally accepted accounting standards of fiscal management. 19 TAC
100.1022(c).
If
the commissioner determines that any unsatisfactory financial performance
is
both serious and has not been corrected, the open-enrollment charter school shall be revoked
or nonrenewed. 19 TAC 1 00, 1022(c)(1 )(C). Serious unsatisfactory financial performance
includes a charter holder's loss of eligibility to participate in child nutrition programs for a period
of
more than 30 days. 19 TAC 100.1022(c)(2)(B)(viii).
The Texas Department of Agriculture's (TDA) review of the charter holder's Summer
Food Service Program (SFSP) operations
in
2012 resulted in TDA sending a Notice of Serious
Deficiency to the charter holder on December
12
2012. The notice informed the charter holder
that it was seriously deficient in its operation of the
SFSP and identified two directors of the
charter who were responsible for the deficiencies in light
of
their responsibility for management
of the SFSP. TDA required the charter holder to submit a corrective action plan (CAP). TDA
received an acceptable CAP from the charter holder and temporarily deferred the serious
deficiency.
On February 19-20, 2014, TDA conducted
an
administrative review
of
the charter
holder's National School Lunch Program (NSLP) operations. The review revealed numerous
violations of NSLP regulations. Many of the findings resulting from the February 2014 review
were the same as those cited in the December 2012 Notice of Serious Deficiency, including
I
See
Exhibit
A
Contract
for
Charter,
Paragraph
2.
-
7/21/2019 TEA letter to Prime Prep Academy
6/44
_____________ 9 ~ . w ' ~ . ' ~ r D ~ * ~ _ ~ C $ ~ m ~ . ~ ~ r n ~ _ ' ~ j ~ ~ ~ 1 1 ~ * ~ t t ~ c u
, ___
_ ' ~ ~ ' ~ ~
~ M M . M . ~ w ~ % ' ~ _ ~ P
failure to retain records for the required three years and to make the records available to TDA,
and failure to implement a financial system based on generally accepted accounting
procedures.
A default judgment was entered against the charter holder on March 13, 2014 in
Smith
v
Sanders et
a/.
case number 3: 12-cv-04377, in the U.S. District Court for the Northern District of
Texas. The lawsuit alleged violations
of
the Federal False Claims Act, 31 U.S.C. 3729-3733,
arising from the charter holder's participation in the SFSP in 2011 and 2012. As a result
of
the
default, the charter holder has been adjudicated to have engaged in civil violations of the False
Claims Act.
Based upon the default judgment and the findings arising from TDA's February 2014
review, on April 21, 2014, TDA terminated its Permanent Agreement with the charter
holder:
thereby rendering it ineligible for participation in the National School Lunch Program (NSLP) or
any other Child Nutrition Program administered by TDA, including the SFSP.3 Additionally, TDA
placed the charter holder and the two directors identified by
TDA
as responsible
for
the serious
deficiencies in the operation of the SFSP program
on
the Texas Excluded SFSP
l ist
(TEXSL).
The charter holder and the two directors will remain on the TEXSL until such time as TDA
determines the serious deficiency has been corrected or for seven years after their exclusion.
On April 21, 2014, TDA sent an additional notice to the charter holder of TDA's intent to reclaim
45,830.92, as required by federal and state regulations, due to the fact that no documentation
was provided on the review date to support that the claimed reimbursable meals were served
for the months
of
September, October and November 2013.
4
The charter holder's ineligibility to participate in child nutrition programs for a period of
more than 30 days constitutes serious unsatisfactory financial performance. 19 TAC
100.1022(c)(2)(B)(viii). Open-enrollment charter schools that demonstrate unsatisfactory
financial performance that
is
both serious and has not been corrected shall be revoked or non
renewed. 19 TAC 100.1 022(c)(1 )(C). This uncorrected ineligibility constitutes a failure to
demonstrate minimum required financial performance. 19
TAC 100.1022(c). Accordingly, the
charter holder (1) failed to satisfy generally accepted accounting standards
of
fiscal
management; and (2) failed to comply with TEC, Chapter 12, Subchapter D and its associated
rules. TEC 12.11S(a); 9TAC 100.1021(a) .
III,
Flndln9s
The charter holder has been ineligible to partiCipate in child nutrition programs for a period
of more than 30 days.
The charter holder's ineligibility to participate in child nutrition programs constitutes serious
unsatisfactory financial performance.
The charter holder has demonstrated unsatisfactory financial performance that is both
serious and has not been corrected.
,
See
Exhibit D TDA correspondence dated
April
21 2014.
, In response to the chaner holder's
appeal
or the tennination from the NSLP and the School
Dreakrast
Program
TDA ruled
that the
tennination from
these programs was
not
subject to appeal.
See Exhibit
C
Order
Granting
Appellee's
Motion
to Dismiss dated
May
16,2014.
,
See
Exhibit 0 TDA correspondence
dated
April 21 2014.
-
7/21/2019 TEA letter to Prime Prep Academy
7/44
- -
e c
e d ; . . . .
n
en
t
Q
re
t
=
The charter holder (1) failed to satisfy generally accepted accounting standards of fiscal
management; and (2) failed to comply with Texas Education Code (TEG), Chapter 12,
Subchapter D and ils associated rules.
IV. Sanction Determination
Uplift Fort Worth. CDC's unsatisfactory financial performance is serious and has not
been corrected and, consequently, requires the commissioner to revoke the charter school's
contract for charter.
s
a. Best Interest
of the
Students.
It is not in the best interest of the students to attend a charter school that is ineligible for
participation in the NSLP or any other Child Nutrition Program administered by TDA, including
the SFSP, as a result of the charter holder's demonstrated serious, unsatisfactory financial
performance.
b.
Severity
of
the Violation.
Approximately sixty-seven percent (67 ) of the charter school's enrolled students are
eligible for free or reduced-price food programs. As a result
of
the charter holder's serious,
unsatisfactory financial performance, a significant percentage of the school's enrolled students
will not be able to partiCipate in the child nutrition programs.
V.
Opportunity for an informal Review and Hearing
This is your notice
of
my intent to revoke the open-enrollment charter held
by
Uplift Fort
Worth, CDC. You have the right to request an informal review
of
and hearing regarding the
decision and the findings included in this notice. However, this informal review and hearing shall
be provided only if the charter holder submits a written request for an informal review and
hearing not later than July 30,2014. Failure to submit a request
by
July 30, 2014
will
constitute a waiver of the right to an informal review or hearing on the revocation
of
the
open-enrollment
charter, and
the charter
held
by Uplift
Fort
Worth
CDC will be revoked.
If timely requested, the informal review will provide an opportunity for the charter holder
to convince me by way
of
written arguments and documentation that the findings included in this
notice are inaccurate and/or that revocation of the charter is not warranted. The charter holder
must submit its written arguments and documentation to me at the time the charter holder
requests the informal review. Neither the administrative procedural rules of the Texas
Government Code nor the Rules of Evidence will apply to the informal review process. If after
,
Please note that
the amended provisions ofTEC 12.115 0)
have
superseded the hearing process
and
eliminated
the commissioners sanctioning discretion that
formed
the bases for certain provisions
o 19 TAC
100.1021 and
19
TAC 100.1022
. Specifically,
the
sanction
options listed under 100
.I021(a) arc
now limited
to
revocation and
board
reconstitution; the aggmvnting
and
mitigating
faclor
provisions
in
19
TAC
I
00.1
022 g)
are
superseded;
and
the procedural provisions
o
I00.1 021(d-h) are superseded.
.
-
7/21/2019 TEA letter to Prime Prep Academy
8/44
the informal review is completed, I do not change my decision to seek revocation of the charter,
this matter will be docketed with the State Office of Administrative Hearings
for
a hearing
pursuant to TEC 12.116. Any hearing provided shall be limited to the specif ic findings and
revocation detailed in this correspondence. Under TEC 12.116 c}, the administrative law judge
must uphold my decision unless the administrative law judge finds that the decision is arbitrary
and capricious
or
clearly erroneous. The decision of the administrative law judge
is
final and
may not be appealed.
A written request for an informal review and hearing must be addressed to:
Eric Marin, Attorney
Texas Education Agency
1701 North Congress Avenue
Austin, Texas 78701-1494
As set forth in 19 TAC
1
00.1021 c), the charter holder must post this Notice of Intent in
the time, place and manner required for an open meeting under Texas Government Code
551.043,
551
.
051
, and
551
.052.
Any written response
or
other correspondence pertaining to this Notice must be sent to:
Sincerely,
Lizzette Gonzalez Reynolds
Eric Marin, Attorney
Texas Education Agency
1701 North Congress Avenue
Austin, Texas 78701-1494
Chief Deputy Commissioner of Education
LGRlcc
Enclosures
cc:
Dr
Clyde Steelman, Executive Director, Region
11
Education Service Center
Michael Berry, Deputy Commissioner, Policy and Programs,
TE
Sally Partridge, Associate Commissioner for Accreditation and School Improvement, TEA
Lisa Dawn-Fisher, Associate Commissioner, School Finance, TEA
Alice McAfee, Associate Commissioner, Complaints, Investigations, and Enforcement
Nora Hancock, Associate Commissioner, Grants and Fiscal Compliance, TEA
-
7/21/2019 TEA letter to Prime Prep Academy
9/44
p i
n v-ZIJa6
,
,
t
Criss Cloudt, Associate Commissioner, Assessment and Accountability, TEA
David Anderson, General Counsel, TEA
Ron Rowell, Director of Governance, TEA
Heather Mauze, Director
of
Charter School Administration,
TE
Eric Marin, Legal Counsel,
TE
.
en _
-
7/21/2019 TEA letter to Prime Prep Academy
10/44
f 1
NIiWI
ii
_ C.,
. . . . . t t OF? C r751 ; , . . . . . . Il'
EXHI ITS
-
7/21/2019 TEA letter to Prime Prep Academy
11/44
P
,3
,
t
CDN 220RIH
CONTRACT FOR
1011 1 -:
.j
1r l:)O
OPEN-ENROLLMENT CHARTER SCHOOL
1
W ~
~ ~ n t r \ l Q t . ~ 6
~ 1 l I i d
between the
Tex."
State Board
of
Education (the Board ) and Uplift
J< iirl W offli ' ~ b t ' ( ' ~ C h a r t e r lIolder ) to operate Prime Prep Academy. a Sixteenth Generation
open-enrollment charter school.
General
I.
Dcfinitions.
As
used
in
this contrac': ..( 1urter'" means the Sixteenth Generation open
enrollment
charter
as
pruvided by. Chaplcr 12 Subchapter D, Texas Education Code. and
granted by this c()nlract.
Charter Holder me.lns the sponsorirrg emity identified
in
the charter application and the
entity 1 which a charter
is
granted
by
this contmet.
Charter School' means the Sixteentl, lic()eration open-enrollment charter school. Charter
School is part of the public school s,'Slem "r Tex(ls and is a eharter school within the
meaning 01'20
L:.S
.c. 8066.
Agency means thc rexas Education \gen..: y.
Commissi()ner means the Commissi, lI ler r Education.
2. TI1C
Charter. This contract grants to Churter Holder a Sixteenth Generation open-enrollment
charter under Texas Education Code Chapter 12. Subchapter
D.
The terms of the chartcr
include: (a) this contract: (b) appliea],l law: (c) R ~ q u e s t
for
Application (RFA) 701-10-118
d) any condition. anlendment. mudi/kalio/l. revisron
u,
other change to the charter adopted
or ratitied
by
the Board or the m l 1 l i s s i o n ~ r : and (e) all statements. assurances.
cummitments and representations n l l , d ~ b\' Charter Holder in its application
for
charter.
attachments or related documents. t thc' extent consistent with the aforementioned (a)
through (d).
3. Term
of
Charter. The charter shall
h" in
effect fr(lm the date of execution through
July 31. 2017
lin
less renewed or terlllinated. The grant of this charter does not create
an
entitlement to a r ~ n e w a l
of
the charter . The charter may be r e n ~ w e d for an additional period
ot' 10 years.
It
is understuud by all partie; that continued authority to hold the chartcr is
contingent upon the school opening and h lding classes beginning in the
2012-2013
school
year
as
stated in RFA
701-10-118
unless thc Charter Hulder submits
un
amendment request
teo
p o s t p o n ~
the start date that
is appr R ~ p l ~
III ,\I'pellee,
\1I,ti ,'n
tll DI,llll".
pCl1:lins onl:-
tLl
the SUllltller
Fo
od
Se[\icc; I r o ~ r a l l l
(Sr
-
7/21/2019 TEA letter to Prime Prep Academy
18/44
.
,. .,
, 1 0 1 1:0 w ,-
Appdlant
the light to appeal its temlination rrllm Ihe SFSP. t h ~ s e provisions uo not
apply to Appellant's tennilwtion trom Ihe
:\LSP
und SBP. which is the subject of the
abo\
ctitled action.
Based lin Iinding that
Appellant s
tcnninatioll Ii'om the NSLP and SBP is not subject to
appeal, the issues that Appellant raised
in
its Repl}
0
Appellee's ;Vlotion to Dismiss
regarding the merits
ofthe
tennination arc .:onsidcreu moot. and therel(m:. arc not
addressed in this Order.
IT IS THEREFORE ORDERED that the
abovetitkd
action BE D I S ~ S S E D WITH
PRE.JUDICE to the rights
of
the Parties to request reconsideration or this matter or any
part
of
it.
SIGNED
VII
the
10'"
day of :">Iay
20('+ .
\ I k l t , . \ . 1
1
.... 1 .1
,
1)
1 0 \ l
. "" I. 1 '1 Ii
Jim I ' o l l
n . l ' ~
;\ulllin
is
lrall\C
w Ofl\-.:cr
r . ' ~ " S Dl. 'partiilCrir \)1 Agn ,11 I lin.:
1'.0. R ,
1
2,.ji
.\uslin. T\O '\ :lS - . : 1 ' ~ 7
Phone :
(:, I::: ) ~ 5 ~ S
I'dccllpier: (SOU) 91)1)8520
JlIl1:pn
ll.mlJ'
L t
: ' \ j J
\gricuhUI ,- gL
l}
' '3
-
7/21/2019 TEA letter to Prime Prep Academy
19/44
,-.
'
.
S .: 51_ :fI
=
s
:
e:o
'
ff
U
CERTIFIC \ TE OF
SERVICE
I hereby ccnify th, a
copy of
the Order Grunting
A p p c l l e c ~
Motion
to
Dismiss was sent
by
c ~ n i t i c d mail.
r ~ t u
receipt requested. f:lcsimile. Dr
by
email to eJch addressee
t ~ d
helow on May 16. 2014.
Uplift Fon Wortll.
CDC
c /o Mr. Edwin S. Florcs
Chalker Flores. L.l.r.
14951
;O-;orth
Dallas P'lrkway. Suite 400
Dallas, Texas 75254
CI-. 1RRR 91 7199
-
7/21/2019 TEA letter to Prime Prep Academy
20/44
PI 1 .J
I -
urr
, .eo
-
TEXAS DEPARTMENT OF AGRICULTURE
April 21, 2014
Mr. Ron Price, Superintendent
Uplift Fort Worth
3102 Maple Avenue
Dallas, Texas 7520 I
Dear
Mr.
Price:
TO
ST PLES
COMMISSIONER
CERTIFIED MAIL
9171999991703026315140
CE
1D 01712
Region Xl
n
Administrative Review
of
the School Nutrition Programs for your Contracting Entity CE)
was conducted on December
19, 2013. The
review indicated there were Performance Standard
PS) findings resulting
from
lack of documentation to support that reimbursable meals were
served.
As no documentation could be provided on the day of
review
to support the September,
October and November claims filed by your CE, TDA 5 taking the appropriate fiscal
utlon to reclaim S45,830.92, . required by federal and state regulations. Unless
your
CE
obtains relief
on
appeal, thlt debt must be repaid no later than May 12, 2014.
You
may appeal this action pursuant
to USDA
regulations
and
Title
4,
Texas Administrative
Code, Part
I,
Chapter I, SubchapterP, Division 3, 1.1021 National School Lunch Program)
and
Division
4,
1.1
031 School Breakfast Program). The following fiscal actions are subjcct to
an administrative review: I) denial
of
all or a part ora claim for reimbursement, which includes
the recovery
of
overpayment through direct assessment or offset
of
future claims, disallowance
of overclaims as reflected
in
unpaid claims
for
reimbursement, submission
of
a revised claim
for
reimbursement,
and
correction of records to ensure thaI unfilcd claims for reimbursement
arc
corrected when
filed;
and 2) withholding of payment based
on
the results of a comprehensive
on-site evaluation or follow-up activity. Your request for an appeal must be submitted
in
writing
and postmarked
by
p.m. central time not later than fifteen I
S
days after the receipt, or deemcd
receipt, of his letter. The request
for
appeal must also clearly identify the action being appealed
and include a photocopy of this letter.
p o
Box
12847 Aunjn. Teow 78711
512)
463-7476 Fax:
888) 223-8861
www.Tc:n.sAgriculrure.gov
EXHI IT
-
7/21/2019 TEA letter to Prime Prep Academy
21/44
7
.
Mr.
Ron Price Superintendent
April
21 2014
Page 2 of2
n
m
tr
t t )
With respect to
notice
provided
by
certified mail relum receipt requested,
in
the absence of an
official
receipt
in
any fonn,
from
the United States
Postal
Service reflecting the date of
actual
or
attempted
delivery,
the
notice
will
be
deemed to
be
received
by the school
food
authority
five
(5)
days
after being sent to the school
food
authority s last known mailing address.
Your
appeal
should
be sent
to:
Food and NutrItion Appeals
Texas Department ofAgriculture
Legal Division
Attn: Docket Clerk
POBox 1Z847
Austin, Texas 78711
Fax
(800) 9098530
Please
note
that appeal
hearing procedures
for
the Food and Nutrition
Programs are located
in
Title
4
Tcxas
Administrative Code Part I Chapter I Subchapter
P.
If you
have
any questions concerning the
review please
contact me at
512-4638008
or at
Sharon
Sincerely
yours
Sharon Welborn
Director
for
School Operations
Food
and Nutrition Division
SWffMlal
cc:
School
Nutrition Director
Region Xl
USDA
- ms, SWRO
-
7/21/2019 TEA letter to Prime Prep Academy
22/44
Rocelved
:
Jul .
30
. 2014 2:50PM O
Jul
30
2014
0
.
No
477
n,
McCollom,
Demeralh
P. 1
O/HANLON, MCCOLLOM
&
DEMERATH
RECEIVED
ATIOIINEYSAND
COUNSEI.OfISAT
L w 201Q
.Jut
30
PH 2:
53
808 WEST AVENUE
AUSTIN, l IUCAs
7870
I
l EL.EPHCNE: 512) 4948114.
FACSIMILE:
(612)
4-9918
rms
EDUCATION AGENCY
LEGAL
SERVICES
DIVISION
DATE: July
30.
2014
TO:
Eric
Marin
=
Tex.
Edue. Assoc.
NUMBER
OF.,AGES: 13
(Includes Cover
Sheet)
CC: David
Anderson
T e x E d u c ~ o c i a u o n
CC:
VonBuyer
Tex.
Educ.
Association
FROM: Darren G. Gibson
FAX NO.: 512-475-3662
FAX NO.: 512-475-3662
FAX NO.:
512-475-3662
RE: Response of Uplift Fort
Worth
to Notice oflntent to
Revoke
Open-Enrollment
Charter
and Request
for Informal Review
and Hearing
COMMENTS:
Please see the attached letter retlecting the response of
Uplift
Fort Worth to
the
TEA's Notice of
Intent to Revoke
Open-Enrollment
Charter
and
Uplift's
request for
informal
review and hearing.
D8Iten G.
Gibson
O HANLON.
MCCOLLOM
DEMERATH
808 West Ave
Austin, IX
78701
512-354-7208 direct
512-494-9949
512-494-9919 fax
dgibson@808wcst
.com
'OOlillJlUnication and as and confidential. If the reader
,
il)tCl)ded
r ~ c i p i e n t . y o ~ i W ~ ~ i W n o t i f i i l d that any
disclosure;
~ . p Y i D t taking cif
.
Ily
lIOIion
in r c l i B n ~
of this
infonnation
is
strictly
'pi ohiblte.
d. J.{ you i , . ~ c received
tr nsmission
li n
: ~ I ~ i I . ~
~ O r i f y
liS by
e l e p h i
for the r
etum
of
he
..
doclllllents at
our
el
'\1 .,
Exhibit B
-
7/21/2019 TEA letter to Prime Prep Academy
23/44
Recel.ed
:
Jul
30 2014
Jul.
30
.
2014 2:50PM
O lon,
McCollom Demerath
O'HANLON, MCCOLLOM
&
DEMERATH
KE"tN O'HAI'lLON
CIEIfnPICD. C r w L ~
cDli1,.,o.
CML Y
-
LEIUE M OLLOM
CarmrllD CMLAPPCu AE
Ca mnm
U Ofl l
ANa a . . ~ L O t ' I o t D I T
TEXAS BCWIIOCWI
UoaL
O N
JUsnN
OblEAA"ni
ATTORNEYS AND COOI ISELORS AT LAW
1108 WE.,. -,VI IIUE
AUSTIN TEX AS
787
f
TEU:Pl1oNE:
( l12)
4.4 984
FACGIf4IL: (5t2) 4
.....
8
8
July 30,
2014
V(a acslmi/e (512-475-3662) &,
certified
mall, returlll'eceipt requested
Eric
Marin,
Attorney
Tex:as Education Association
1701 North Congress Avenue
Austin, Texas 78701
No 0477 P 2
Re: Response to
Notice
of Intent to Revoke
Open-Enrollment
Charter and Request
for
Informal Review and
Hearing
Dear
Mr.
Marin:
Our finn, O'Hanlon, McCollom Demerath, has been retained by Uplift Forth Worth,
CDC ( Uplift ) regarding the Notice of
Findings
and Notice of Intent to
RevoJce the
Open
Enrollment Charter sent by Chief Deputy Commissioner Lizette
Gonzalez Reynolds
on July IS,
2014. By this letter, we
hereby
request an iniol1nalrevicw of and hearing regarding the decision
and
findings in the revocation notice.
1. Guiding Principle: The Best Interest of Prime Prep Studenl5
First and foremost it should
be
stated that the top priority of Uplift and its Board has
always been
to
work
in
the
best
interests ofPlime Prep
Academy
stUdents, parents,
and educatoxs.
As
yon are no doubt aware, the majority of
the
srudents at Prime
Prep
Academy COme
from
challenging socio-economic
baclcgrounds
and, pliol'
to
their enrollment
at
Prime Prep
Academy,
these
students
have been
underserved
by traditional public education. Since its inception, Prime
Prep
Academy has
been designed to provide an alternative education
environment where
students
have
an
opportunity
10
reach their
full
potential
and
succeed both
academically
and
in life.
To
achieve this mission, it has always been clear that vision, leadership, operational discipline, and a
strong
financial
commitment
fi
'om
SUPpOltel'S are necessary, and the
Uplift
Board and
Prime
Prep
supporters are committed to
providing
each of these elements for success.
Already
in its shOII history, Pl1me PIep Academy is
showing positive results.
Prime Prep
Academy
graduates have
been
awanled 15
academic
and athletic
scholarships,
and the
school
boasts a
95
attendance rate
at
the high
school
campus, a
100 graduation
rate, and a 0
dropout
rate.
Prime
Prep
students are not only attending summer school classes at local
:;u
...
( )
...