Resolution No. 2022-53 Aventura Designation as a Local Educational Agency - July 21, 2022 CITY OF AVENTURA RESOLUTION NO. 2022-53
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, PROVIDING FOR THE CITY, AS A CHARTER
SCHOOL GOVERNING BOARD FOR THE AVENTURA CITY OF
EXCELLENCE SCHOOL AND THE DON SOFFER AVENTURA HIGH
SCHOOL, TO BE DESIGNATED AS A LOCAL EDUCATIONAL AGENCY
FOR THE PURPOSE OF RECEIVING FEDERAL FUNDS THROUGH
THE ELEMENTARY AND SECONDARY SCHOOL EMERGENCY
RELIEF PROGRAMS, THE SAME AS THOUGH THE CITY WERE A
SCHOOL DISTRICT; PROVIDING FOR THE CITY TO ADOPT AND FILE
THIS RESOLUTION WITH THE SCHOOL BOARD OF MIAMI-DADE
COUNTY, FLORIDA, AND THE FLORIDA DEPARTMENT OF
EDUCATION; PROVIDING FOR SEVERABILITY; AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, The Aventura City Commission ("City Commission") is the governing
board of two charter public schools, the Aventura City of Excellence School and the Don
Soffer Aventura High School; and
WHEREAS, the City Commission has determined that it shall be designated as a
Local Educational Agency ("LEA") for purposes of receiving Federal Funds, specifically
funds received through the Elementary and Secondary School Emergency Relief
Programs ("ESSER") as more particularly described herein; and
WHEREAS, this Resolution shall be adopted and filed with the School Board of
Miami-Dade County, Florida and the Florida Department of Education and the City
Commission accepts the full responsibility for all local education agency requirements as
it relates to the receipt and reimbursement of ESSER funds, including that the City
Commission hereby authorizes the Mayor to execute and sign any and all documents
approved by the City Commission's legal counsel necessary to effectuate this Resolution.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, AS FOLLOWS:
Section 1. Recitals Incorporated. That each of the above-stated recitals are
hereby adopted and confirmed.
Section 2. ESSER Definition. The United States Congress, through action by
the U.S. Department of Education ("Department") awarded ESSER grants to State
educational agencies (SEAs), and established in the Coronavirus Aid, Relief, and
Economic Security (CARES) Act, Pub. L. No. 116-136 (March 27, 2020), and further
funded under the Coronavirus Response and Relief Supplemental Appropriations
City of Aventura Resolution No. 2022-53
(CRRSA)Act, 2021 , Pub. L. No. 116-260 (December 27, 2020) and the American Rescue
Plan (ARP) Act of 2021 , Pub. L. No. 117-2 (March 11 , 2021), for the purpose of providing
local educational agencies (LEAs) that receive funds under part A of title I of the
Elementary and Secondary Education Act of 1965 (ESEA), including charter schools that
are LEAs, with emergency relief funds to address the impact the COVID-19 pandemic
has had, and continues to have, on elementary and secondary schools across the Nation.
Section 3. Designation as Local Education Agency. Section 1002.33(25)(a)
& (b), Florida Statutes, provides that "[a] charter school system's governing board shall
be designated a local educational agency for the purpose of receiving federal funds, the
same as though the charter school system were a school district, if the governing board
of the charter school system has adopted and filed a resolution with its sponsor and the
Department of Education in which the governing board of the charter school system
accepts the full responsibility for all local education agency requirements." The City
Commission, as a charter school system's governing board in Miami-Dade County, for
the Aventura City of Excellence School and the Don Soffer Aventura High School, agrees
to and shall be designated as a local educational agency for the purpose of receiving
federal funds, specifically and only as it relates to the receipt and reimbursement of
ESSER funds, the same as though the charter school system were a school district.
Section 4. Filing, That this resolution shall be adopted and filed with the School
Board of Miami-Dade County, Florida and the Florida Department of Education, and the
City Commission hereby authorizes the Mayor and/or City Manager to execute and sign
any and all documents approved by the City Commission's legal counsel necessary to
effectuate this resolution with the School Board of Miami-Dade County, Florida and/or the
Florida Department of Education.
Section 5. Copies. That copies of this Resolution are on file at the offices of the
City Clerk located at 19200 West Country Club Drive, Aventura, Florida 33180, and are
available for public inspection during regular business hours.
Section 6. Effectiveness. That action provided for in Section 2 above shall
become effective if the majority of the qualified commissioners voting on this resolution
vote for its adoption, and it shall be considered adopted and effective at the public meeting
in which the resolution passes by majority vote.
Section 7. Inclusion in the Charter. That subject to the requirements herein, it
is the intention of the City Commission and it is hereby provided that the Resolution may
City of Aventura Resolution No. 2022-53
become and be made a part of the Charter of the City of Aventura if necessary; and that
the Sections of this Resolution may be renumbered or relettered to accomplish such
intention.
Section 8. Severability. In any event part of this Resolution is determined to be
illegal or invalid, the remainder shall remain in full force and effect unless and until the
City Commission, by majority vote, rescinds this Resolution.
Section 9. Effective Date of Resolution. That this Resolution shall become
effective immediately upon adoption hereof.
The foregoing Resolution for the Aventura City of Excellence School was offered
by Commissioner Dr. Marks, who moved its adoption. The motion was seconded by Vice
Mayor Landman, and upon being put to a vote, the vote was as follows:
Commissioner Rachel S. Friedland Yes
Commissioner Billy Joel Yes
Commissioner Dr. Linda Marks Yes
Commissioner Marc Narotsky Yes
Commissioner Robert Shelley Yes
Vice Mayor Denise Landman Yes
Mayor Enid Weisman Yes
The foregoing Resolution for the Don Soffer Aventura High School was offered by
Commissioner Friedland, who moved its adoption. The motion was seconded by
Commissioner Narotsky, and upon being put to a vote, the vote was as follows:
Commissioner Rachel S. Friedland Yes
Commissioner Billy Joel Yes
Commissioner Dr. Linda Marks Yes
Commissioner Marc Narotsky Yes
Commissioner Robert Shelley Yes
Vice Mayor Denise Landman Yes
Mayor Enid Weisman Yes
PASSED AND ADOPTED this 21 st day of July, 2022.
City of Aventura Resolution No. 2022-53
•
ENID WEISMAN, MAYOR
ATTEST:
ELLISA L. HORVAT , MMC, CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
, II
CITY ATTORNEY