Grace Christian Leadership Academy (3269) v. Manny Diaz, Jr., Commissioner of Education

Summary

The Florida Third District Court of Appeal held that Grace Christian Leadership Academy’s letter substantially complied with the requirements for requesting an administrative hearing, despite omitting notice-receipt details and specific supporting rules or statutes. The court reversed the Florida Department of Education’s dismissal and remanded for further proceedings.

Holdings

1. When reviewing dismissal of a petition for an administrative hearing under section 120.57, Florida Statutes, the agency must accept the petition's factual allegations as true and may not consider factual matters outside the petition; dismissal is reviewed de novo.
2. A petition for an administrative hearing need not strictly satisfy every requirement of rule 28-106.201(2); substantial compliance may be sufficient to trigger the right to a hearing.

Questions Presented

1. Whether Grace's letter requesting an administrative hearing substantially complied with the requirements of Florida Administrative Code rule 28-106.201(2) and sections 120.54(5)(b)(4) and 120.569(2)(c), Florida Statutes.
2. Whether the Department properly dismissed Grace's hearing request and found that Grace waived its right to an administrative hearing.

Disposition

reversed_and_remanded