26-001542SP•Recommended Order — 26-001542SP
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STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS DR. HENRY MACK, AS COMMISSIONER OF EDUCATION,1 Petitioner, vs. TALLAHASSEE ACADEMY INTERNATIONAL (8667), MIAMI INTERNATIONAL ACADEMY (9131), LENORA BROWN SCHOOL ACADEMY (9844), MICHAEL TUNSIL, AND GREGORY TUNSIL, Respondents. / Case No. 26-1542SP RECOMMENDED ORDER Pursuant to notice, a formal administrative hearing was conducted by Zoom conference on July 21 and 22, 2026, before Administrative Law Judge June C. McKinney of the Division of Administrative Hearings (“DOAH”). APPEARANCES For Petitioner: James Leigh Richmond, Esquire Department of Education 325 West Gaines Street, Suite 1544 Tallahassee, Florida 32399-0400 For Respondent: Laura Maria Marino, Esquire Ratzan and Faccidomo, LLC 2850 Tigertail Avenue, Suite 400 Miami, Florida 33133 1 On July 22, 2026, Dr. Henry Mack was appointed as the Commissioner of Education by the State Board of Education.
2 STATEMENT OF THE ISSUES Whether Respondents Tallahassee Academy International (“TAI”), Miami International Academy (“MIA”), Lenora Brown School Academy (“LBS”), Michael Tunsil (“Tunsil”), and Gregory Tunsil (collectively, “Respondents”) committed the violations as alleged in the Administrative Complaint; and, if so, what penalty should be imposed. PRELIMINARY STATEMENT On February 13, 2026, Petitioner Commissioner of Education (“Petitioner” or “Commissioner”) filed an Administrative Complaint charging Respondents with violating sections 1002.421(1)(f), 1002.421(1)(i), and 1002.421(3)(e), Florida Statutes, and Florida Administrative Code Rules 6A-1.09512 and 6A- 6.03315. The Administrative Complaint also sought immediate suspension and permanent revocation of each school’s eligibility to participate in the Florida Tax Credit (“FTC”), Family Empowerment Scholarship for Educational Options (“FES-EO”), and Family Empowerment Scholarship for Students with Unique Abilities (“FES-UA”) scholarship programs. Additionally, the Commissioner sought to permanently revoke the authority of Tunsil and Gregory Tunsil to establish or operate private schools in Florida. On or about March 5, 2026, Respondents timely challenged the Administrative Complaint and requested a formal hearing on the matter by Petition for Formal Administrative Hearing Pursuant to Fla. Stat. 120.57(1) (“Petition”). On March 23, 2026, the Petition was transferred to DOAH and assigned to the undersigned to conduct the formal hearing.
3 On March 30, 2026, the case was scheduled for hearing on April 21, 2026. After several continuances for good cause, the matter proceeded as scheduled July 21 and 22, 2026. At hearing, Petitioner presented the testimony of six witnesses: Tisha Avera, Margaret Aune, Jacqueline Hitchcock, Andrew Blimes, Bryan Hudnall, and Whitney Blake. Petitioner offered Exhibits 1 through 8, which were admitted into evidence. Respondents presented the testimony of Michael Tunsil and offered Composite Exhibits 1 through 4, which were admitted into evidence. The proceedings were transcribed, and the parties availed themselves of the right to submit proposed recommended orders. On August 26, 2026, the two-volume Transcript of the final hearing was filed with DOAH. Respondents filed an unopposed motion for extension of time to submit proposed orders on September 1, 2026, that was granted. Both parties timely submitted their proposed recommended orders, which have been duly considered in the rendition of this Recommended Order. Unless otherwise noted, all statutory references are the versions in effect at the time of the alleged violations. FINDINGS OF FACT 1. Petitioner is a duly constituted state official charged with the duty of administering and overseeing state scholarship programs pursuant to chapter 1002, including the FES-UA, FTC, and FES-EO (collectively, the “scholarship programs”). 2. During the 2016-2017 school year, Tunsil opened MIA, a private school formerly known as Tunsil Athletics International in Miami, Florida.
4 3. During the 2023-2024 school year, Tunsil opened LBS, a private school in Miami, Florida. 4. During the 2024-2025 school year, Tunsil opened TAI, a private school in Tallahassee, Florida. 5. Tunsil is the owner and operator of TAI, MIA, and LBS. 6. The schools served primarily minority student populations in underserved communities, providing educational opportunities and credit- recovery support. 7. In June 2026, MIA and LBS graduated 151 high school seniors, with approximately 80 percent matriculating to post-secondary colleges or universities. 8. Tunsil has over two decades of experience working in private education as a coach and teacher. He previously worked at Spirit of Christ Academy, Westlake Preparatory, Zion Lutheran, Champagnat Catholic, and Jacksonville Country Day private schools. 9. Gregory Tunsil is a registered co-owner of LBS and MIA; however, his role was strictly limited to that of an investor, and he did not participate in the daily operations, administration, or management of the schools. 10. TAI, MIA, and LBS participated in the scholarship programs and maintained physical facility locations in Florida throughout the 2024-2025 and 2025-2026 school years (“school terms”) at issue in this matter. 11. TAI, MIA, and LBS submitted compliance and survey documents to the Florida Department of Education (“Department”) for the school terms. 12. In their annual scholarship compliance certifications, Respondents attested under oath on the Private School Annual Scholarship Compliance Form (“SCF”) that TAI, MIA, and LBS complied with Section 6(E), which “require[s] the parent to restrictively endorse the scholarship warrant or approve a funds transfer before any funds are deposited for a student, whichever may apply,” pursuant to section 1002.421(1)(f).
5 13. Respondents also reported in Section 6(H) of the SCF that TAI, MIA, and LBS offered a program of instruction providing at least 180 actual school days and a minimum of 900 net instructional hours for students pursuant to rule 6A-1.09512. Instructional Hours and Operating Schedules 14. During the school terms, MIA and LBS operated on a 180-day academic school calendar. 15. MIA and LBS operated on a gross daily schedule from 9:00 a.m. to 2:00 p.m., totaling 300 minutes, or five hours of facility time per day. 16. MIA assigned instructors Michael Tunsil, Randy Tunsil, Richardson Eugene, Shayna White, Derrick Smith, and Alvaro Castillo (“instructors”) to a daily instructional schedule2 that included: • 1st Period: 9:00 a.m. – 9:10 a.m. (10 minutes of instruction) • 2nd Period: 9:15 a.m. – 10:00 a.m. (45 minutes of instruction) • 3rd Period: 10:05 a.m. – 10:50 a.m. (45 minutes of instruction) • 4th Period: 10:55 a.m. – 11:40 a.m. (45 minutes of instruction) • 5th Period: 12:25 p.m. – 1:10 p.m. (45 minutes of instruction) • 6th Period: 1:15 p.m. – 2:00 p.m. (45 minutes of instruction) 17. Totaling the six individual class periods, MIA instructors taught for exactly 235 minutes each day, which equates to exactly three hours and 55 minutes of net daily instructional3 time. 2 The instructors, periods, and hours of instruction are established by the stipulated facts in Section E.i. of the Pre-Hearing Stipulation. 3Absent a statutory definition, the plain and literal meaning of “net instruction” refers to the actual time remaining exclusively for the practice of teaching after the deduction of all non- teaching intervals, including lunch, passing times, recess, free time, homeroom, or unstructured study hall, derived from the definitions of “net” (“remaining after the deduction of all charges, outlay, or loss”) and “instruction” (“the action, practice, or profession of teaching”) pursuant to the Merriam-Webster Online Dictionary (last visited Oct. 1, 2026).
6 18. Based on the 180-day school year reported by MIA, this daily schedule provided a total of 705 hours of instructional time over the academic year. 19. LBS did not have an instructor for first period but assigned instructors Olin Cushion III, Michael Johnson, Rochelle Thomas, and Shermeka Jones (“LBS instructors”) a daily instructional schedule4 that included: • 2nd Period: 9:15 a.m. – 10:00 a.m. (45 minutes of instruction) • 3rd Period: 10:05 a.m. – 10:50 a.m. (45 minutes of instruction) • 4th Period: 10:55 a.m. – 11:40 a.m. (45 minutes of instruction) • 5th Period: 12:25 p.m. – 1:10 p.m. (45 minutes of instruction) • 6th Period: 1:15 p.m. – 2:00 p.m. (45 minutes of instruction) 20. The schedule consisted of scheduled class periods, five-minute class passing transitions, and a 45-minute lunch break from 11:40 a.m. to 12:25 p.m. 21. Totaling the five individual class periods, LBS instructors taught exactly 225 minutes each day, which equates to exactly three hours and 45 minutes of net daily instructional time. 22. Based on the 180-day school year reported by LBS, this daily schedule provided a total of 675 hours of instructional time over the academic year. 23. TAI similarly operated on a daily schedule from 9:00 a.m. to 2:00 p.m., with two instructional staff members. 24. TAI assigned instructors Harrison Smith and Kato Nelson to the daily instructional schedule5 that included: • 1st Period: 9:00 a.m. – 9:35 a.m. (35 minutes of instruction) • 2nd Period: 9:35 a.m. – 10:10 a.m. (35 minutes of instruction) 4 The instructors, periods, and hours of instruction are established by the stipulated facts in Section E.j. of the Pre-Hearing Stipulation. 5 Instructors, periods, and hours of instruction are stipulated facts in Section E.k. of the Pre- Hearing Stipulation.
7 • 3rd Period: 10:10 a.m. – 10:45 a.m. (35 minutes of instruction) • 4th Period: 10:45 a.m. – 11:20 a.m. (35 minutes of instruction) • 5th Period: 12:30 p.m. – 1:05 p.m. (35 minutes of instruction) • 6th Period: 1:05 p.m. – 2:00 p.m. (55 minutes of instruction) 25. Totaling the six individual class periods, TAI instructors were scheduled to teach for exactly 230 minutes each day, which equates to exactly three hours and 50 minutes of net daily instructional time. 26. With respect to TAI’s 2025–2026 academic calendar, the official published calendar6 established that the school year started on September 1, 2025,7 and concluded on May 22, 2026, following senior graduation on May 16, 2026. This schedule resulted in a total of approximately 147 school days. 27. Based on TAI’s 147-day school year calendar, this daily schedule provided a total of 563.5 hours of instructional time over the academic year. Step Up and Fund Transfer Approvals 28. Step Up for Students (“Step Up”) administers Florida private school scholarships by processing applications and distributing funds to eligible students. 29. Step Up administers scholarships via the Education Multi-Access (“EMA”) platform, which requires parents to set up guardian profiles, submit eligibility data, and approve quarterly invoices before funds are transferred to schools. 6 Pet.’s Ex. 1. 7 In determining the actual length of the school year, the undersigned credits the documentary evidence of TAI’s “1st Official Day of School” calendar, which establishes a start date of September 1, 2025, and an end date of May 22, 2026. This written calendar is more persuasive than the contrary testimony attempting to add five additional school days. Furthermore, even if that testimony were credited, it would only bring TAI's total calendar to 152 days—still falling significantly short of the required 180 days.
8 30. Parents are required to personally approve each quarterly funds transfer via the EMA online platform prior to scholarship disbursement. 31. Each parent’s EMA account is secured by an individual username and password, supplemented by multi-factor authentication (“MFA”) requiring the user to enter a verification code transmitted to the telephone number designated by the parent account holder. 32. Schools are explicitly prohibited from managing EMA accounts, possessing parent passwords, or executing approvals on a parent’s behalf. 33. The 2025-2026 Step Up private school handbook provides: “Schools and providers cannot apply on students’ behalf; schools and providers also cannot request or use students’ EMA login credentials. … Penalties, doing so may result in loss of scholarship eligibility for the student or penalties for the providers.” 34. In or around September 2025, TAI published its school application8 form on its website that included a written parental authorization form allowing TAI staff to manage parents’ Step Up accounts and access EMA portal credentials. The consent authorization form stated: I hereby give consent to Tallahassee Academy International to manage my Step Up for Students accounts. * * * List of duties in which Tallahassee Academy International will perform on behalf of parent or guardian. 1. Apply for Step UP for Students[.] 2. Have access to EMA Account[.] 35. MFA records during the school terms revealed that 80 percent of Respondents’ student accounts (approximately 568 of 710 accounts) utilized 8 The application displayed the physical address and email address of LBS, rather than TAI.
9 MFA phone numbers that did not match the parents’ registered personal phone numbers. 36. Instead, a single school administrative phone number authenticated approximately 390 separate guardian accounts across the three schools. 37. Additionally, at least five specific Internet Protocol (“IP”) addresses were identified as executing extraordinary volumes of sequential parent invoice approvals on specific dates, with sessions extending past regular school operating hours up to 8:05 p.m.: • IP Address 2600:1700:5ad0:3890:2d6b:2974:512a:d4b1 (MIA and LBS): On April 12, 2025, this single IP address was used to log in to 236 distinct guardian accounts (92 for LBS and 144 for MIA) to approve invoices between 12:17 p.m. and 8:05 p.m. The average time between these 236 consecutive logins was less than 2.5 minutes. • IP Address 2600:1700:5ad0:3890:15d6:7148:3ba0:2b2c (MIA and LBS): On February 3, 2025, 187 distinct guardian accounts (43 for LBS and 144 for MIA) logged in from this IP address between 11:28 a.m. and 7:24 p.m. The average interval between these logins was less than three minutes. • IP Address 2603:3020:181b:4400:6819:187c:1495:9f8d (MIA): On August 12, 2024, 136 guardian accounts for MIA logged in from this IP address between 12:36 p.m. and 7:29 p.m., with an average interval of less than three minutes. • IP Address 2600:1700:5ad0:3890:c47d:bdbf:c786:2d0c (MIA and LBS): On November 9, 2025, 132 guardian accounts (24 for LBS and 108 for MIA) logged in between 10:51 a.m. and 12:54 p.m. Consecutive logins averaged slightly over one minute apart, with never more than a four-minute window between any two logins. • IP Address 2603:3020:181b:4400:499d:f2f6:74d2:8ac9 (LBS and MIA): On November 10, 2025, 102 guardian accounts (101 for LBS and 1 for
10 MIA) logged in between 8:36 a.m. and 3:59 p.m., with an average interval of less than 4.5 minutes. 38. During the school terms, TAI’s administrative phone number was also configured as the MFA contact for 24 unique parent accounts. 39. Additionally, at least three specific IP addresses from TAI executed rapid or after-hours logins, including: • IP Address 104.222.19.193 (TAI): This permanently assigned static IP address was shared by the school and 37 different guardians. This single IP address was utilized 64 times outside of normal business hours, including 30 separate logins occurring late at night between 9:00 p.m. and 1:00 a.m. (28 of which were executed as guardian logins). • IP Address 2603:301c:b01:4000:b1d5:71ca:f4a6:5118 (TAI): On February 4, 2025, multiple guardians and the school logged in rapidly from this shared IPv6 address, with nine distinct guardian accounts accessed within an 85-minute span. • IP Address 2603:301c:b01:4000:90b6:ce61:410f:36b4 (TAI): On September 12, 2025, ten distinct guardian accounts logged in rapidly from this shared IPv6 address within a 45-minute span. Disciplinary History 40. Prior to the instant proceeding, there was no documented disciplinary history against Respondents. Hearing 41. At hearing, Tunsil conceded Respondents executed and submitted compliance forms. He maintained he believed TAI, MIA, and LBS complied with all applicable requirements and the SCF filings were accurate, because the Department accepted them and never rejected or returned them for errors, as was the agency practice. 42. Tunsil credibly explained that drawing from his past career in private education, he understood that TAI, MIA, and LBS met the 900-hour mandate
11 through a baseline calculation of each school having five daily school hours multiplied by 180 instructional days. 43. At hearing, Vice Chancellor of Strategic Improvement Margaret Aune credibly testified and clarified that net instructional hours excludes lunch periods, recess, homeroom, and passing transitions. 44. Tunsil also admitted during his testimony that Respondents’ personnel possessed parent login credentials and completed invoice approvals in the EMA portal. By way of justification, Tunsil maintained that staff acted to assist parents who lacked computer access, internet connectivity, or technical literacy to manage their EMA accounts. 45. Tunsil further testified that he was familiar with the Step Up 2025- 2026 private school handbook that prohibits schools from creating or managing EMA accounts for families. Ultimate Findings of Fact 46. At hearing, the record demonstrated TAI operated only 147 school days, falling significantly short of the 180 actual school days reported on its sworn compliance documentation. 47. The evidence further establishes that TAI provided 563.5 instructional hours, which is 336.5 hours short of the 900 net instructional hours the school certified on its compliance forms. 48. The weight of the credible evidence at hearing shows that MIA provided a total of 705 hours of instructional time over the academic year. Consequently, MIA’s schedule fell 195 hours short of the mandatory 900 net instructional hours it certified as providing on its compliance documentation. 49. The record also demonstrated that LBS provided 675 hours of instructional time over the academic year. Consequently, LBS’s schedule fell 225 hours short of the mandatory 900 net instructional hours it certified as providing on its compliance documentation. 50. The greater weight of the competent, credible evidence also establishes that Respondents systematically circumvented parental security controls to
12 manage and execute scholarship invoice approvals on behalf of parents, rather than merely assisting them. The undersigned is not persuaded by Respondents’ assertion that school personnel were simply providing technical assistance.9 51. TAI’s own parental authorization form explicitly stated that parents were consenting for the school to “manage” their Step Up accounts, listing duties the school would perform “on behalf of” the parent, including applying for Step Up and “having access to EMA Account.” This documented policy constitutes active account management, not assistance. 52. The digital footprint derived from IP data demonstrated that mass volumes of parent accounts were accessed directly from centralized school networks rather than individual residential or cellular networks. For MIA and LBS, the evidence shows at least five specific IP addresses were utilized to execute mass batch approvals of parent invoices in rapid, automated succession. To that end, on specific dates, blocks of 236, 187, 136, 132, and 102 unique parent invoice approvals were submitted from single IP addresses within intervals of mere minutes, with sessions continuing well past regular school operating hours up to 7:29 p.m. and 8:05 p.m. Similarly, the record supports that TAI utilized at least three specific IP addresses shared by the school and multiple parents to execute rapid batch approvals, including dozens of late-night logins occurring between 9:00 p.m. and 1:00 a.m. 53. The record evidence also demonstrated that to successfully bypass the EMA platform’s security controls, MFA was rerouted to school personnel. The MFA data confirmed that the authentication phone numbers for approximately 80 percent of the parent accounts had been rerouted to a small group of school-controlled administrative numbers. Specifically, the evidence at hearing shows that the direct administrative phone number listed for TAI 9 The undersigned rejects Tunsil’s testimony that staff merely “assisted” parents. This assertion is directly contradicted by the objective forensic evidence of rapid, late-night batch approvals and TAI’s own written policy requiring parents to let the school “manage” their accounts.
13 was configured as the authorized MFA contact number for at least 24 unique parent accounts. 54. The intersection of the IP and MFA evidence conclusively demonstrates how Respondents’ systematic bypass was achieved. Because Step Up’s security protocols trigger an MFA code for each login, the rapid, sequential batch approvals—such as 236 approvals from a single IP address averaging less than 2.5 minutes apart—would logistically fail unless the person operating the device at the school’s IP address also controlled the physical phone receiving the MFA codes. By initiating the logins from the schools’ specific IP addresses and intercepting the MFA security codes directly on the schools’ phone lines, school staff systematically circumvented the parents entirely. The record shows this coordinated interaction allowed Respondents to approve the financial transfers themselves. 55. Even though the competent evidence at hearing establishes Respondents’ bypassing the parents to approve the financial transfers, the record is void of evidence that any scholarship funds were stolen, embezzled, diverted to unauthorized personal use, or applied to anything other than standard student tuition. CONCLUSIONS OF LAW 56. DOAH has jurisdiction over the parties and subject matter pursuant to sections 120.569, 120.57(1), and 1002.421(3)(d)2.b., Florida Statutes. 57. In this proceeding, the Commissioner seeks to revoke the eligibility of TAI, MIA, and LBS to participate in the scholarship programs and to permanently bar Tunsil and Gregory Tunsil from establishing or operating a private school in Florida. 58. Pursuant to Section F.d. of the Pre-Hearing Stipulation, Petitioner must prove Respondents committed the charges as alleged in the Administrative Complaint by a preponderance of the evidence.
14 59. “Preponderance of the evidence” is evidence that more likely than not tends to prove the proposition set forth by the proponent. Gross v. Lyons, 763 So. 2d 276, 280 n.l (Fla. 2000). 60. In the Administrative Complaint filed against Respondents in this proceeding, the Commissioner charges Respondents with violating the following: 1) section 1002.421(1)(f): 2) section 1002.421(1)(i); 3) section 1002.421(3)(e); 4) rule 6A-1.09512; and 5) rule 6A-6.03315. 61. Section 1002.421 defines private school eligibility and obligations and provides, in relevant part: (1) PRIVATE SCHOOL ELIGIBILITY AND OBLIGATIONS.—A private school participating in an educational scholarship program established pursuant to this chapter must be a private school as defined in s. 1002.01 in this state, be registered, and be in compliance with all requirements of this section in addition to private school requirements outlined in s. 1002.42, specific requirements identified within respective scholarship program laws, and other provisions of Florida law that apply to private schools, and must: * * * (f) Demonstrate fiscal soundness and accountability by: 1. Being in operation for at least 3 school years or obtaining a surety bond or letter of credit for the amount equal to the scholarship funds for any quarter and filing the surety bond or letter of credit with the department. 2. Requiring the parent of each scholarship student to personally restrictively endorse the scholarship warrant to the school or to approve a funds transfer before any funds are deposited for a student. The school may not act as attorney in fact for the parent of a scholarship student under the authority of a power of attorney executed by such parent, or under any other authority, to endorse a
15 scholarship warrant or approve a funds transfer on behalf of such parent. * * * (i) Maintain a physical location in the state at which each student has regular and direct contact with teachers. Regular and direct contact with teachers may be satisfied for students enrolled in a personalized education program or for students eligible for a scholarship under s. 1002.394(3)(b) if students have regular and direct contact with teachers at the physical location at least 2 school days per week and the student learning plan addresses the remaining instructional time. * * * (3) COMMISSIONER OF EDUCATION AUTHORITY AND OBLIGATIONS.—The Commissioner of Education: * * * (e) May immediately suspend payment of scholarship funds if it is determined that there is probable cause to believe that there is: 1. An imminent threat to the health, safety, or welfare of the students; 2. A previous pattern of failure to comply with this section; or 3. Fraudulent activity on the part of the private school. Notwithstanding s. 1002.22, in incidents of alleged fraudulent activity pursuant to this section, the department’s Office of Inspector General is authorized to release personally identifiable records or reports of students to the following persons … [.] 62. As reflected in the Findings of Fact, the entirety of the evidence presented demonstrates that Respondents systematically violated the
16 mandate under section 1002.421(1)(f) that a private school must “require the parent to restrictively endorse the scholarship warrant or approve a funds transfer before any funds are deposited for a student.” TAI, MIA, and LBS circumvented the EMA platform’s security controls to manage and execute scholarship invoice batch approvals themselves. The record also demonstrates that TAI’s own authorization form explicitly required parents to consent to the school “managing” their accounts and accessing the EMA platform on their behalf. 63. Additionally, the greater weight of the evidence clearly establishes a forensic intersection of centralized school IP addresses and rerouted MFA phone numbers, which conclusively proves active, unauthorized account management. By initiating rapid, sequential batch logins from school networks and intercepting the requisite MFA security codes on school- controlled phone lines, school staff systematically bypassed the parents entirely. This coordinated interception allowed Respondents to approve the financial transfers directly, constituting a clear violation of the statutory requirement that the parent personally approve the scholarship program funds transfer in violation of section 1002.421(1)(f). 64. Petitioner also charged Respondents with violation of section 1002.421(1)(i), which requires that Respondents maintain a physical location and students have regular and direct contact with the teachers. The record evidence in paragraph 10 above establishes that Respondents met the mandate for location in the state. 65. Rule 6A-6.03315 incorporates the private school scholarship compliance form and provides, in relevant part: Form IEPC SCF-1, Scholarship Program Compliance Form for Private School Participants in State Scholarship Programs (http://www.flrules.org/Gateway/reference.asp?No= Ref-16947), hereinafter Scholarship Compliance Form, is hereby incorporated by reference to become a part of this rule effective September 2024.
17 (1) Definitions related to this rule and the Scholarship Compliance Form: * * * (d) Regular and direct contact – A program of instruction that provides for a minimum of one hundred seventy (170) actual school instruction days with the required instructional hours (determined by grade level per state board Rule 6A-1.09512, F.A.C.) under the direct instruction of the private school teacher at the school’s approved physical location. This may include occasional off-site activities including the Family Empowerment Scholarship Program transition-to-work plan under the supervision of the private school teacher. For students enrolled in a personalized education program, regular and direct contact is satisfied by direct instruction by the private school teacher at least two (2) days a week at the school’s approved physical location. The remaining required instructional hours must be addressed in a student learning plan. 66. Rule 6A-1.09512 defines the attendance requirement and provides, in relevant part: Equivalent Minimum School Term for Compulsory Attendance Purposes. Any child of compulsory school attendance age, who is enrolled in a non-public school pursuant to Section 1002.42, F.S., shall be deemed to be in compliance with the compulsory attendance requirements of Section 1003.21(1)(a), F.S., provided the child maintains regular attendance during the entire school term of either: (1) One hundred eighty (180) actual school days determined as prescribed by Section 1011.60(2), F.S., or (2) A minimum of one hundred seventy (170) actual school days and the hourly equivalent of one
18 hundred eighty (180) actual school days, determined as prescribed below: (a) Kindergarten: Five hundred forty (540) net instructional hours. (b) Grades 1-3: Seven hundred twenty (720) net instructional hours. (c) Grades 4-12: Nine hundred (900) net instructional hours. 67. Rule 6A-1.09512 requires private schools to operate for a term of 180 actual school days (subsection (1)) or provide a minimum of 900 net instructional hours for grades four through 12 (subsection (2)(c)). Because the rule is disjunctive, meeting either standard satisfies the requirement. 68. As set forth in the Findings of Fact, MIA and LBS operated on a 180-day calendar, thereby complying with the alternative standard in rule 6A-1.09512(1). Accordingly, Petitioner did not establish that MIA and LBS violated rule 6A-1.09512(1). Conversely, the record demonstrates that TAI failed to meet both alternative standards by operating on a 147-day calendar (falling 33 days short) and providing only 563.5 net instructional hours. Therefore, Petitioner met its burden of proof to demonstrate that TAI violated rule 6A-1.09512(1) and (2). 69. Nevertheless, while MIA and LBS satisfied rule 6A-1.09512 overarching operational standard via their 180-day calendar, the evidence confirms that Respondents still wrongfully attested to compliance on Section 6(H) of the SCF. Respondents submitted these forms falsely certifying that all three schools, including MIA and LBS, provided the 900 net instructional hours, rendering the compliance attestations inaccurate. 70. In the Administrative Complaint, Petitioner also charged Respondents with operating TAI, MIA, and LBS in a manner contrary to the health, safety and welfare of the public in violation of section 1002.421(3)(e)1., by presenting a threat to the welfare of students by shortchanging students by
19 approximately 15 to 25 percent of the state’s minimum instructional time requirement. To sustain this charge, Petitioner bears the burden to prove by a preponderance of the evidence that this instructional deficit constituted an actual, operational threat to student welfare. 71. While the evidentiary record irrefutably establishes that Respondents failed to meet the 900-hour net instructional mandate, Petitioner did not present competent, substantial evidence demonstrating that this administrative shortfall manifested as a tangible threat to the health, safety, or welfare of the students or the public. To the contrary, the record indicates that enrolled students actively received educational services, utilized credit- recovery curriculum, and achieved successful educational outcomes, including senior graduation. 72. The deficiency in aggregate instructional minutes stemmed from Respondents’ flawed reliance on a gross daily facility schedule rather than calculating net, teacher-led instructional time. While this constitutes a serious statutory and programmatic compliance violation under rule 6A- 1.09512, equating a mathematical deficit in instructional hours with an imminent threat to public health and welfare stretches the plain language of section 1002.421(3)(e)1. beyond its intended regulatory application. Absent objective evidence of educational neglect, physical danger, or actual harm to the students, a shortage of instructional hours alone does not satisfy the elements of this specific statutory provision. Accordingly, Petitioner failed to prove by a preponderance of the evidence that Tunsil or Gregory Tunsil operated the educational institutions in a manner contrary to the health, safety, and welfare of the public pursuant to section 1002.421(3)(e)1. 73. Turning to the allegations of fraud, section 1002.421(3)(e)3. authorizes the Commissioner to immediately suspend payment of scholarship funds upon probable cause of “[f]raudulent activity on the part of the private school.” As DOAH concluded in Diaz v. East Atlantic Prep (1995), Case No. 22-1744SP, R.O. at 23 (Fla. DOAH Aug. 19, 2022):
20 The elements to prove fraud are well settled: there must be 1) a false statement concerning a material fact; 2) made with knowledge that the representation is false and with the intention of inducing another’s reliance on the statement; and 3) consequent injury to the other party action in reliance on the false misrepresentation. Lance v. Wade, 457 So. 2d 1008, 1022 (Fla. 1984) ... . Fraudulent intent is, by necessity, usually proven by circumstantial evidence [which] “by their number and joint consideration, [must] be sufficient to constitute proof.” Nally v. Olson, 134 So. 2d 265, 267 (Fla. 2d DCA 1961). ... Scienter ... may be established by showing “actual knowledge, or that the defendant was reckless or careless as to the truth of the matter asserted.” Ocean Bank of Miami v. INV-UNI Inv. Corp., 599 So. 2d 694, 696 (Fla. 3d DCA 1992). 74. Applying these standards in the instant case, the record does not support a finding of fraud under section 1002.421(3)(e)3. While Respondents falsely certified providing 900 net instructional hours, the evidence of inaccurate certifications demonstrate administrative negligence and a fundamental misunderstanding of calculating “net” versus “gross” time, rather than an intentional scheme to deceive. 75. Similarly, while Respondents intentionally bypassed the Step Up platform’s MFA protocols in violation of program rules, the record contains no evidence that Respondents created fictitious students, embezzled funds, or that the State suffered a “consequent injury” by paying for completely undelivered educational services. Accordingly, while Respondents’ conduct unequivocally constitutes serious statutory and programmatic compliance violations, Petitioner failed to prove by a preponderance of the evidence the requisite scienter or consequent injury necessary to establish fraudulent activity under section 1002.421(3)(e)3. 76. In summary, Petitioner met its burden of proof by a preponderance of the evidence as to specific administrative compliance violations alleged in the Administrative Complaint. Competent, substantial evidence established that
21 Respondents committed administrative noncompliance by improperly possessing, accessing, and managing parents’ EMA portal accounts and credentials in violation of section 1002.421(1)(f), and by inaccurately attesting to compliance on SCF submissions prescribed by rule 6A-6.03315. Additionally, the evidence proved that TAI failed to satisfy mandatory minimum operating requirements by falling short of the required 180 school days and 900 net instructional hours, in violation of rule 6A-1.09512(1) and (2). However, Petitioner failed to carry its burden of proving the remaining, more severe charges in the Administrative Complaint— specifically failing to prove that Respondents committed actionable fraud or operated contrary to the health, safety, or welfare of the public under section 1002.421(3)(e) or committed statutory violations under section 1002.421(1)(i). Accordingly, Respondents’ culpability is confined to these discrete, remediable administrative and regulatory infractions. Penalty 77. Under section 1002.421(3)(c), the Commissioner is vested with discretionary authority to permanently revoke an owner, officer, or director’s authority to operate a private school and place the individual on the Department’s disqualification list. This severe remedy represents the ultimate administrative sanction, permanently extinguishing an individual’s livelihood. In the Administrative Complaint, Petitioner sought this permanent bar based primarily on allegations of fraud and operation contrary to public health, safety, and welfare under section 1002.421(3)(e)1. and 3. However, as concluded above, Respondents neither committed fraud, had scienter, nor operated the schools in a manner endangering public health, safety, or welfare. 78. While the competent, substantial evidence does establish Respondents’ administrative noncompliance with section 1002.421(1)(f) (concerning parental EMA approval processes) and rule 6A-1.09512 (concerning minimum net instructional hours), these infractions must be evaluated in
22 their total operational context and weighed against substantial mitigating factors: • Absence of Prior Disciplinary History: Tunsil has operated participating scholarship schools for nearly a decade without prior administrative discipline or formal sanctions from the Department. • Lack of Fraudulent Intent or Financial Diversion: There is no evidence in the record that scholarship funds were stolen, embezzled, diverted to unauthorized personal use, or applied to anything other than standard student tuition and educational overhead. • Bona Fide Educational Delivery: Rather than maintaining a mere shell or storefront entity, Tunsil maintained physical classroom facilities, employed teaching personnel, delivered daily academic instruction, provided essential credit-recovery coursework, and served primarily minority student populations in historically underserved communities. • Verified Student Outcomes: The schools achieved measurable educational milestones, culminating in June 2026 with approximately 151 high school graduates between MIA and LBS, approximately 80 percent of whom matriculated to post-secondary colleges or universities. 79. Under Florida administrative jurisprudence, administrative discipline must be proportional to the offense, and regulatory agencies should favor progressive, remedial discipline over permanent occupational expulsion where the violations are technical or remediable and devoid of corrupt intent. Because the proven infractions stem from mismanaged compliance protocols rather than fraudulent conversion or student endangerment, permanent disqualification under section 1002.421(3)(c) is unwarranted and punitive. Therefore, Tunsil should not be permanently barred from Florida private school ownership or operation but should instead be afforded the opportunity to seek reauthorization upon demonstrating verified, full regulatory compliance.
23 80. Additionally, because Petitioner failed to establish that Tunsil committed fraud or operated the schools contrary to the health, safety, or welfare of the public under section 1002.421(3)(e)1., the statutory prerequisites for permanent debarment under section 1002.421(3)(c) are not satisfied. Placement on the disqualification list maintained pursuant to section 1001.10(4)(b), Florida Statutes, is an extraordinary, permanent penal sanction reserved for egregious misconduct, not remediable administrative noncompliance. Accordingly, Petitioner’s request to permanently disqualify Tunsil and include his name on the Department’s disqualification list under section 1001.10(4)(b) must be denied. 81. With respect to Gregory Tunsil, section 1002.421(3)(b) authorizes the Commissioner to suspend or revoke a private school’s scholarship eligibility if an “owner or operator” operates an educational institution contrary to public health, safety, or welfare, or exhibits a pattern of statutory noncompliance. To determine individual exposure under this provision, subsection (3)(b) expressly adopts the statutory definition set forth in subsection (1)(p), which defines an “owner or operator” as an owner, operator, superintendent, principal, or someone with “equivalent decisionmaking authority over” the school. § 1002.421(1)(p), Fla. Stat. 82. The record evidence in this proceeding fails to establish that Gregory Tunsil falls within this statutory definition. To the contrary, Petitioner explicitly stipulated in Section E.b. of the Pre-Hearing Stipulation that Gregory Tunsil served solely as a passive financial investor without operational involvement in TAI, MIA, or LBS. A passive investor possessing no executive, administrative, or supervisory control lacks the requisite “decisionmaking authority over” school operations or scholarship administration mandated by section 1002.421(1)(p). Because Gregory Tunsil does not qualify as an “owner or operator” under the plain language of the statute, and the evidentiary record is devoid of any personal act, omission, or oversight attributable to him, Petitioner failed to prove any statutory basis
24 for disciplinary action against him. All charges against Gregory Tunsil individually must be dismissed. RECOMMENDATION Upon consideration of the Findings of Fact and Conclusions of Law, it is RECOMMENDED that Dr. Henry Mack, as Commissioner of Education, enter a final order: 1. SUSPENDING the current scholarship program eligibility of Tallahassee Academy International, Miami International Academy, and Lenora Brown School Academy, WITH LEAVE TO REAPPLY for future academic years upon demonstrating full regulatory compliance; 2. SUSPENDING Michael Tunsil from participating as an owner or operator in state scholarship programs for a period of one academic year (the remainder of the 2026-2027 school year), with leave for Michael Tunsil and the subject institutions (Tallahassee Academy International, Miami International Academy, and Lenora Brown School Academy) to reapply for private school scholarship program eligibility for the 2027-2028 academic year upon submission of a comprehensive corrective compliance plan demonstrating: (a) strict compliance with net instructional hour mandates pursuant to rule 6A-1.09512, excluding lunch and passing intervals; and (b) independent third-party information technology authentication protocols verifying that school personnel possess no parental EMA login credentials, passwords, or MFA routing mechanisms; 3. DENYING Petitioner’s request to permanently disqualify Michael Tunsil from private school ownership or operation and REJECTING his inclusion on the Department’s disqualification list maintained pursuant to section 1001.10(4)(b); and
25 Case No. 26-1542SP 4. DISMISSING WITH PREJUDICE all administrative charges and proposed disciplinary sanctions against Gregory Tunsil individually. DONE AND ENTERED this 12th day of October, 2026, in Tallahassee, Leon County, Florida. S JUNE C. MCKINNEY Administrative Law Judge DOAH Tallahassee Office Division of Administrative Hearings 2001 Drayton Drive Tallahassee, Florida 32311 (850) 488-9675 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 12th day of October, 2026. COPIES FURNISHED: Michael Barrett, General Counsel (eServed) James Leigh Richmond, Esquire (eServed) Dr. Henry Mack, Commissioner of Education (eServed) Laura Maria Marino, Esquire (eServed) Christian Emerson, Agency Clerk (eServed) NOTICE OF RIGHT TO SUBMIT EXCEPTIONS All parties have the right to submit written exceptions within 10 days from the date of this Recommended Order. Any exceptions to this Recommended Order should be filed with the agency that will issue the Final Order in this case.
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