TEA letter to Prime Prep Academy

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


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

[email protected]

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.:


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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


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.


Mr.

Ron Price, Superintendent

Prime Prep Academy

4400 Panola Ave.


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


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.


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_____________ 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.


7/44

- -

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.

.


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



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



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


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 _


10/44

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NIiWI

ii

_ C.,

. . . . . t t OF? C r751 ; , . . . . . . Il'

EXHI ITS


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


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

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,

1)

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Jim I ' o l l

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r . ' ~ " S Dl. 'partiilCrir \)1 Agn ,11 I lin.:

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.\uslin. T\O '\ :lS - . : 1 ' ~ 7

Phone :

(:, I::: ) ~ 5 ~ S

I'dccllpier: (SOU) 91)1)8520

JlIl1:pn

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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


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


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

[email protected].

Sincerely

yours

Sharon Welborn

Director

for

School Operations

Food

and Nutrition Division

SWffMlal

cc:

School

Nutrition Director

Region Xl

USDA

- ms, SWRO


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


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


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

...

( )

...

Documents

TEA letter to Prime Prep Academy