But the charges handed down this week following the Florida State Attorney's investigation proved to be the tipping point for the Department of Public Instruction, which advised the State Board of Education on Wednesday to hold off on making any final
decisions on the charter applications related to Newpoint Education Partners.
The legislation was also criticized last week by Bill Cobey, the Republican chairman of the State Board of Education, which has final
say on charter applications today, although no representative from the Department of Public Instruction was on hand to address either bill.
Their response will be of interest to defence counsel, who may cause this issue to be re-litigated under the Provincial Offences
Act on a Charter application.
Furthermore, the Supreme Court determined that a trial judge's findings of
fact on a Charter application can «only be undermined in limited situations, not applicable in this case.»
The burden of proof,
on a Charter application, on a balance of probabilities, lay with the Defendant / Applicant.