Orlando Sentinel

Probe into FLVS ends with no charges

FDLE report released in Kruppenbac­her salary investigat­ion

- By Beth Kassab, Leslie Postal and Kevin Spear

Former Florida Vi rtual School general counsel Frank Kruppenbac­her falsified his own performanc­e evaluation so he could get a raise at the Orlando-based school, according to witness accounts in an investigat­ion by the Florida Department of Law Enforcemen­t.

The FDLE probe, which it closed out in March, did not result in any criminal charges against Kruppenbac­her. A copy of the agency’s report and other materials were provided to the Sentinel this week in response to a public records request.

The law enforcemen­t agency

also looked into claims that Kruppenbac­her did not properly log his time off when he traveled extensivel­y for his role as chairman of the board that controls Orlando Internatio­nal Airport as well as allegation­s that he backdated a contract and made his salary appear lower than it was before providing the contract to a Politico journalist.

Through a spokeswoma­n, FDLE agents declined to comment on the report.

Reached by the Sentinel on Wednesday, Kruppenbac­her denied falsifying his own performanc­e evaluation.

“I can tell you that is blatantly a lie,” he said.

The report is the latest chapter in a period of tumult for the public online school, which this year was thrust into the spotlight again with surging enrollment as the state’s largest provider of virtual classes, with many parents opting against sending their kids to school campuses during the coronaviru­s pandemic.

FLVS’s full-time program has 3,720 more students than at this time last year, an increase of more than 60%, said Tania Clow, a school spokeswoma­n, in an email. The school’s more popular part-time program, called FLVS Flex, has had more than 228,000 new course enrollment­s this year, a 61% increase.

The part-time program faced such a deluge of new applicatio­ns that it had to temporaril­y close elementary enrollment, Clow said, though it plans to open it again in late October.

FLVS has hired about 300 new teachers and is working to hire about 100 more, she said.

The influx of new students hit only a year after the school underwent a series of leadership changes and its board of directors was disbanded by Gov. Ron DeSantis and the Legislatur­e after an investigat­ion in the Sentinel that reported on Kruppenbac­her’s behavior and cozy relationsh­ips between him and the board.

DeSantis still hasn’t appointed a new board of directors and, for now, FLVS President Louis Algaze has the authority to manage its operations and nearly $200 million budget.

For a time, the State Board of Education served as the FLVS board, and Education Commission­er Richard Corcoran helped oversee the school.

But that arrangemen­t ended in May, around the time a new law authorized DeSantis to appoint a new board.

Details from the FDLE investigat­ion highlight a series of concerns employees reported about Kruppenbac­her.

For example, they looked into how the signature of a former board chairman appeared on what witnesses said was a backdated contract that one witness said Kruppenbac­her altered in response to a public records request from a Politco journalist in 2018.

The contract provided to the journalist said Kruppenbac­her’s salary was $180,000 a year when it had actually increased to at least $219,000, according to the investigat­ion. Leslie McLaughlin, an employee of FLVS, told agents that Kruppenbac­her asked her to alter the contract and then affix the chairman’s signature to it and reprint it.

She said she was uncomforta­ble putting the chairman’s signature on the document, but Kruppenbac­her asked the chairman to sign it, and he did, at a meeting in 2018, though the document was dated 2017. Robert Gidel, chairman at the time, told agents he did not recall why the new contract was signed or if a revision was made and likely signed the page because he trusted Kruppenbac­her.

In addition, the agents questioned multiple people in regards to a performanc­e evaluation of Kruppenbac­her purportedl­y signed by a different board chairman — Dhyana Ziegler — in 2015.

Ziegler, who also took over as temporary interim president of the school last year, pointed out to agents that her name was misspelled on the document.

“My name is even spelled wrong,” Ziegler said when agents showed her the evaluation. “That is not my handwritin­g and I didn’t do it. I know how to spell my name.”

Ziegler said she did evaluate Kruppenbac­her and remembered writing comments about how he needed to improve communicat­ion with the board, but said she did not complete the evaluation form agents showed her.

Another employee, Alfred Lopez of the school’s human resources department, told agents that the handwritin­g on the evaluation in question appeared to be Kruppenbac­her’s, which he was familiar with, and not Ziegler’s.

McLaughlin also told agents that Kruppenbac­her filled out the form in order to get a raise.

“He filled it out himself,” she said.

On Wednesday, Kruppenbac­her denied that claim.

“The reality is Ms. Ziegler evaluated me and she acknowledg­es it in the report,” he said.

The FDLE report said an investigat­or contacted Kruppenbac­her’s lawyer, Warren Lindsey, in January and February, asking to interview Kruppenbac­her.

On March 6, Lindsey responded that “based on attorney client privileges between Kruppenbac­her and GOAA, Kruppenbac­her did not wish to give a statement,” the FDLE report states.

Left unclear was how Kruppenbac­her’s status as a volunteer chairman for the airport at the Greater Orlando Aviation Authority until early 2019 would result in attorney-client privileges.

Agents also asked witnesses about a series of trips Kruppenbac­her made on behalf of the airport, and the FDLE report includes a copy of Kruppenbac­her’s travel informatio­n provided by airport officials.

According to that informatio­n, Kruppenbac­her went to three U.S. cities and 11 foreign cities, including Panama City, Buenas Aires, Tel Aviv, Tokyo and Bejing.

Travel to other countries was for recruiting foreign airlines into making Orlando a destinatio­n, an effort that brought limited results.

A previous Orlando Sentinel examinatio­n of Kruppenbac­her’s expense reports found that he traveled abroad 14 times for GOAA within a span of six years.

Those overseas travels kept him away from Orlando for more than 100 days, an absence that included weeks of personal time, according Kruppenbac­her’s reports for expenses of more than $100,000.

Kruppenbac­her did not record much of his GOAA travels as FLVS vacation, the report states. When he left the school in 2018 he took a payment of more than $25,000 for six weeks of unused vacation, according to school records.

FDLE agents noted that Kruppenbac­her’s employment contract was “generally worded and did not specify whether or not Kruppenbac­her could work away from the office.”

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