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directors were reflected in board minutes as having
attended meetings; however, the directors did not
attend meetings as the minutes reflect. In fact, the
directors were not even aware of the meetings. The
original budget was never amended as required to
reflect a decrease in the number of projected students
in attendance. The school accounts were being used for
personal purposes by the executive director of the
school without any oversight by the board of directors.
Documents submitted by the executive director as
support for additional payments were altered prior to
submission to the agency. Student attendance records
were inflated, resulting in overpayments to the school.
Special education requirements were ignored until the
end of November of 1998; entries of temporary
placements were made well after the fact without the
knowledge and consent of the original makers of
documents. Required special education ARD meetings
were not held, and mandatory forms were not completed.
In short, the evidence establishes that the
executive director had unfettered discretion to direct
and manage the operation of RSSAT and its financial
affairs. As a direct result of this unilateral
authority, the school failed to meet the requirements
of the charter contract, failed to comply with GAAP and
failed to meet applicable laws and rules.
The open-enrollment charter of RSSAT should be
revoked.
On January 14, 2000, after review of the proposal and any
exceptions thereto submitted by the parties, the SBOE issued a
decision that: (1) “FOUND” that the findings of fact,
discussion, and conclusions of law contained in the November 18,
1999, proposal for decision were proven by a preponderance of the
evidence; (2) “ORDERED” that those findings of fact, discussion,
and conclusions of law were “ADOPTED” by the SBOE for all
purposes; and (3) “ORDERED” that the open-enrollment charter of
the school was “REVOKED” effective January 14, 2000.
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