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Action Item
DATE: Tuesday, June 11, 2013
TO: School Board Members
FROM: MaryEllen Elia, Superintendent
SUBJECT / RECOMMENDATIONS
Approve the Settlement of Tampa School Development Corp., d/b/a Trinity School for Children vs. Hillsborough County School Board, Case No.: 13-0581F According to the Terms of the Attached Joint Stipulation of the Parties and Authorize the Chair to Execute the Stipulation 
EXECUTIVE SUMMARY
The School Board attorney recommends the settlement of a claim for attorneys’ fees and costs brought by Tampa School Development Corp., d/b/a Trinity School for Children (Trinity) against the School Board stemming from proceedings Trinity initiated before the Division of Administrative Hearings.  In those proceedings, which involved a challenge to the denial of Trinity’s request to consolidate, the Administrative Law Judge (ALJ) ruled in Trinity’s favor.  The ALJ also awarded Trinity its attorney’s fees and costs incurred.  The School Board appealed the ALJ’s Order before the Second District Court of Appeals but the appellate court affirmed the ALJ’s ruling and also awarded Trinity attorneys’ fees and costs incurred in the appeal.  As the parties were unable to agree as to those attorneys’ fees and costs Trinity would reasonably be entitled to, this matter was set for an evidentiary hearing.  However, the parties propose to resolve the matter between them by entering into the attached joint stipulation.  Pursuant to the attached stipulation and for settlement purposes only, the School Board will pay Trinity the sum of Fifty Thousand and no/100 DOLLARS ($50,000.00) in exchange for Trinity’s agreement to dismiss with prejudice its claim for attorneys’ fees and costs.
STRATEGIC OBJECTIVES
FINANCIAL IMPACT (Budgeted:  No)
$50,000.00
EVALUATION
Not Applicable
SUBMITTED BY:  School Board Attorney
    Thomas M. Gonzalez

  School Board Attorney
(813) 273-0050
    A 9.03
Hillsborough County Public Schools (Florida) * Mtg.#20130611_565 (Board Meeting) * Section A Item# 9.03