INTERAGENCY AGREEMENT
THIS INTERAGENCY AGREEMENT
is made and entered into as of this 11th day of
July, 2005, pursuant to section 39.0016, Florida Statutes, by and between
THE FLORIDA DEPARTMENT OF EDUCATION
(hereinafter referred to as “DOE”), whose principal place of business is 325 W. Gaines
Street, Tallahassee, Florida 32399-0400. On the local level, educational authority and
responsibility are with the district school boards and their staff,
and
THE FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES
(hereinafter referred to as “DCF” and/or the department), whose principal place of
business is 1317 Winewood Blvd., Tallahassee, Florida 32399-0700. On the local level,
DCF refers to staff of the Department of Children and Families; staff of Community-
Based Care providers who serve abused, neglected and abandoned children in lieu of
the department or staff of a sheriff’s office that perform abuse, neglect and
abandonment investigations in lieu of the department,
and
THE FLORIDA AGENCY FOR WORKFORCE INNOVATION
(hereinafter referred to as “AWI”) whose principal place of business is 107 E. Madison
Street, Tallahassee, Florida 32399-4134. AWI .serves as the designated agency for
purposes of federal workforce development grants and disperses grants pursuant to the
- 1 -
?
plans and policies of Workforce Florida, Inc. On the local level, workforce programs are
administered by the Regional Workforce Boards and their contracted service providers
through local One Stop Career Centers that provide employment and training services
to local participants. The Job Training and employability skills referenced herein reflect
the programs administered by the Regional Workforce Boards for youth age 14 through
21,
and
collectively hereinafter referred to as the “Parties”.
WHEREAS
, DOE must fulfill its constitutional obligation to educate children of
compulsory school age; and
WHEREAS
, DOE is the State Education Agency (“SEA”) for the Individuals with
Disabilities Education Act (“IDEA”) and an administrative entity for Section 504 of the
Carl Perkins Vocational Rehabilitation Act and must fulfill its obligations for education
and related services to children with disabilities that interfere with their learning or inhibit
their access to the education environment before, during and after the ages of
compulsory school attendance; and
WHEREAS
, DCF is the state agency to provide, either directly or through
contracted providers, the full range of child welfare services under Florida Statutes and
Administrative Rules; and
- 2 -
?
WHEREAS,
AWI is the state agency responsible for job training and employment
services and functions as the grant recipient of federal workforce funds and
administrative entity for Workforce Florida, Inc.; and
WHEREAS
, the Parties acknowledge that stability within the educational setting
and educational progress, including progress toward post-secondary education, and
employability skills through either vocational or post-secondary education are important
to the children served by DCF; and
WHEREAS
, section 39.0016 (1)(a), Florida Statutes, defines children known to
the department as children who are found to be dependent or children in shelter care;
and for the purposes of this agreement, children known to the department refers to
children known to the Department of Children and Families; and
WHEREAS,
section 39.0016 (3), Florida Statutes, requires DCF to enter into an
agreement with DOE regarding the education and related care of children known to the
department; section 39.0016 (4), Florida Statutes, requires DCF to locally enter into
agreements with district school boards or other local education entities regarding
children known to the department who are of school age and children known to the
department who are younger than school age but who would otherwise qualify for
services from the district school board; and
WHEREAS,
the children covered by this agreement are those children known to
the department (DCF) who are being served while remaining in their own homes, and
- 3 -
?
those who have been placed by DCF or by order of the court in a licensed setting in a
shelter home or facility, a foster family or group home, a residential child care institution,
or in an unlicensed setting with a relative or non-relative, or any combination thereof;
and
WHEREAS
, the children known to the department may have, or be “at risk” of
developing academic and/or behavioral problems possibly due to the disruption in their
lives and may require services including, but not limited to, those attached to this
agreement and defined by section 1003.01 (3)(b) and (10), Florida Statutes; section
1003.53; Florida Statutes, section 39.0016 (4), Florida Statutes; and section
445.004(10)(a), Florida Statutes; and
WHEREAS,
section 1000.21 (5), Florida Statutes, provides the definition of
parent to be “either or both parents of a student, any guardian of a student, any person
in a parental relationship to a student, or any person exercising supervisory authority
over a student in place of a parent”; and
WHEREAS,
the Parties have determined that education and the educational
setting, and job training and employability skills are critical components in the life of
children known to the department; and
WHEREAS
, the purposes of this Agreement are to promote collaboration among
DCF, DOE, and AWI to: 1) ensure educational access and related care, including post-
secondary education pursuits, promote job training and employability skills and facilitate
- 4 -
?
the delivery of services or programs to children known to the department; 2) avoid
duplication of services or programs; and 3) combine resources to maximize availability
or delivery of services or programs; and
WHEREAS
, the provisions of section 39.0016 (2), Florida Statutes, establish
goals and not rights and do not require the delivery of any particular service or level of
service in excess of existing appropriations and do not support a course of action
against the state or any of its subdivisions, agencies, contractors, subcontractors or
agents. These provisions do not require the expenditure of funds to meet the
established goals of this agreement or of section 39.0016(2), Florida Statutes, except
funds specifically appropriated for such purpose.
NOW, THEREFORE
, in consideration of the mutual covenants embodied herein,
the Parties to this Interagency Agreement mutually agree as follows:
ARTICLE 1 – RECITALS
1.01
Recitals
. The Parties agree that the foregoing recitals are true and correct
and that each recital is incorporated herein by reference.
ARTICLE 2 – SPECIAL CONDITIONS
2.01
Term.
This Agreement shall be in effect from the date of execution by all
Parties, and shall continue for three years with an annual review in the interim.
- 5 -
?
2.02
Dissemination of Agreement.
Each Party agrees to disseminate this
Agreement to appropriate personnel within each agency and to provide information
about the Agreement and technical assistance in the implementation of the Agreement.
2.03
Agency Collaboration.
In order to support continued collaboration, the
agency designees agree to meet, at a minimum, on an annual basis in order to:
a) Review each agency’s rules, regulations, policies and practices as they impact
the education, special education and related services, job training and employment of
children known to the department;
b) Make recommendations to the Commissioner of Education, the Secretary of
DCF, and the Director of AWI regarding procedures, processes, guidelines and policies
as they impact children known to the department;
c) Define and establish communication protocols, identify responsible staff, and
facilitate prompt and substantive information sharing and communication among the
Parties;
d) Provide technical assistance as requested in the development of local
interagency agreements between DCF districts and school boards as required by
section 39.0016 (4), Florida Statutes;
e) Promote the joint updating of adopted policies that affect the three agencies in
regard to children known to the department and incorporate these policies into staff
training;
- 6 -
?
f) Review and report to the responsible agency any state statutes, administrative
codes, or state plans that need to be amended in order to fully implement this
Agreement and its intended purposes; and
g) Determine whether the 2004 Reauthorization of IDEA contains provisions that
may need to be addressed in a revision of this Agreement.
2.03.5
Collaborations with other entities.
DCF will work to encourage the
Agency for Persons with Disabilities to become a Party to this Agreement.
2.04
Liaisons.
The Parties agree to each promote the appointment of a Liaison
by each district school board, by each DCF district/region or community-based care
provider, and for each Regional Workforce Board Liaison, with the intent that such
Liaisons shall be responsible for implementation of the requirements in this Agreement.
The Liaisons shall work to achieve appropriate educational, job training and
employment services for children known to the department.
2.05
Training and Staff Development.
Each Party agrees to promote, through
the following initiatives, the provision of training and staff development related to the
implementation of this Agreement to increase standardization of the processes and
training developed:
a) Consistent with section 39.0016 (5), Florida Statutes, and in coordination with
DOE and local school districts, DCF shall incorporate an education component into all
training programs of their agency’s staff development regarding children known to the
- 7 -
?
department. DCF shall offer opportunities for education personnel and surrogate
parents to participate in such training, which shall include:
•
?
Training for parents in cases in which reunification is the goal, or for pre-
adoptive parents when adoption is the goal, so that such parents learn
how to access the services for the child known to the department and the
importance of their involvement in the education of the child known to the
department;
•
?
Training for caseworkers and foster parents to include information on the
right of the child known to the department to an education, the role of an
education in the development and adjustment of a child known to the
department, the proper ways to access education and related services for
the child known to the department, and the importance and strategies for
parental involvement in education for the success of the child known to the
department;
•
?
Training of caseworkers regarding the services and information available
through DOE and local school districts, including, but not limited to, the
current Sunshine State Standards, the Surrogate Parent Training Manual,
and other resources accessible through the DOE or local school districts
to facilitate educational access for a child known to the department.
b) DOE shall promote the practice of allowing Guardian Ad Litems and foster
parents to attend surrogate parent training offered by school district Exceptional Student
Education (ESE) staff or other persons designated by the school district. This includes
the promotion of the use of the Florida Diagnostic and Learning Resource Centers in
the recruitment and training of surrogate parents.
- 8 -
?
d) DOE, from the state level, shall offer resources for Independent Living
transition and transition planning, and will work with DCF, at the state level, to develop
suggested guidelines for transition plans to meet the special needs of students known to
the department.
e) DOE shall encourage participation by local School Board staff in DCF’s
Dependency Court Improvement Conference and other conferences, including providing
suggestions for speakers and training materials.
f) DCF will promote practices that engage caseworkers and foster parents in the
education of children known to the department such as attendance at parent-teacher
conferences, school open houses, and other events significant to the education of the
child and creating the message to the child that his or her education is important to the
adults in his or her life.
2.06
Sharing of Information.
Each Party agrees:
a) To promote to the fullest extent permissible and in compliance with federal
law, Florida Statutes, and Administrative Rules, including but not limited to Chapter 39,
Florida Statutes, and section 1002.22, Florida Statutes, the sharing of information on
children known to the department, when it is relevant to their educational growth
including post secondary pursuits, job training, employment and other benefit;
b) That it may be necessary to restrict information sharing due to statutory
prohibitions other than those enunciated in section 39.202, Florida Statutes. It is
understood that the sharing of student records with parental or custodial consent does
not abrogate the confidentiality of the records as to other non-designated parties;
- 9 -
?
c) To continue to improve the technical interface among local automated data
systems of the Parties to provide for the efficient sharing of information;
d) To promote the sharing of all information, including lists of services available in
each local area, on an on-going basis. In particular, DOE shall promote the
identification of the services available within each school district that the school district
believes are reasonably necessary to meet the needs of, and to facilitate educational
access for, children known to the department. A listing of these services shall be
provided to local RWB and DCF staff. The services identified shall include, but not be
limited to, current Sunshine State Standards, the Surrogate Parent Training Manual,
and other resources accessible through DOE or local school districts to facilitate
educational access for a child known to the department. AWI shall promote the
identification of employment and training services available at each Regional Workforce
Board (RWB) One Stop Career Center and the availability of a listing of these services
for local DOE and DCF staff. DOE shall provide updates of these listings to DCF
annually and upon significant change. RWBs will provide current information on
available youth services on their websites;
e) DCF shall take all steps necessary to promote consent by the court, natural
parent(s) and/or legal guardians of the children to enable school districts and RWB staff
to provide to DCF the educational and job training records for children known to the
department. Local School Districts have consent forms for this purpose;
f) DCF and AWI shall promote the maintenance of current databases of clients
and their respective caseworkers and the periodic updating of these databases to reflect
changes;
- 10 -
?
g) DCF shall promote the inclusion in the local agreements of the following
requirements:
•
?
The notification by DCF staff to the school and school district in which
a child known to the department is enrolled of the name and phone
number of the child, the child’s caregiver and the child’s caseworker for
child safety purposes.
•
?
The establishment of a protocol for DCF to share information about a
child known to the department with the school district, consistent with
the Family Educational Rights and Privacy Act, since the sharing of
information will assist each agency in obtaining education and related
services for the benefit of the child.
h) DOE shall promote the inclusion in the local agreements of the following
requirements:
•
?
The establishment of local procedures to ensure continued access to the
Free and Reduced Lunch Program upon notification regarding a child’s
change of status to “a child known to the department.”
•
?
Access to information on child’s attendance to the DCF Liaison in order to
support continued school attendance and agency collaboration.
•
?
The establishment of local procedures to ensure that a transcript of each
student’s annual academic record is provided to DCF.
i) DCF shall establish procedures to provide the child’s school and the district
School Board’s Liaison a copy of the Foster Care School Registration Form at initial
removal from natural parents and any subsequent change in a child’s status in foster
care that affects the delivery of services under this Agreement. Attached to that
- 11 -
?
Registration Form shall be a copy of any court order that prohibits the natural parent or
any other person from contact with the student and information from any other court
order which may be relevant to the child’s educational program or setting;
j) DCF shall ensure that the Foster Care School Registration Form and its
attachments are provided to the assigned school at the time of the status change in
foster care status or no later than 72 hours subsequent to the change. A change in
caseworker shall result in the submission of a new Foster Care School Registration
Form so that the school has accurate contact information; and
k) DCF shall ensure that current psychological and/or psychiatric evaluations of
the child that were obtained by DCF or its contracted agents and have relevant
information related to the education needs of the child, shall be provided to the assigned
District School Board and Regional Workforce Board Liaisons, who in turn shall ensure
that the information is considered in determining the educational, job training and
employment services required to meet the needs of the child. A court order for the
exchange of information may substitute for a release, if it is determined by the court to
be in the best interest of the child.
2.07
Educational Stabilization.
In order to facilitate the school attendance
necessary for academic achievement, DOE and DCF will explore methods of
encouraging prompt enrollment, continuation of children in the school of origin
whenever safe and feasible, and regular attendance within their respective systems.
Specifically but not exclusively, DCF will look at practices that remove children from
school to attend appointments and court dates, and non-emergency changes of
placement during a school quarter or semester. DOE and DCF shall take the following
- 12 -
?
steps to support school stability for children who experience a change in out-of-home
placement:
a) Promoting program initiatives to facilitate the effective and efficient delivery of
education and related services to eligible students placed in licensed foster care and
other out-of-home settings;
b) Promoting the placement of students in foster care homes within or closest to
their home school boundaries to facilitate stabilization of school placements;
c) Promoting the continuity of school placement for children known to the
department who are in an out-of-home placement when they move to a placement in a
new school zone, including procedures that allow requests for school reassignment and
transportation when appropriate;
d) Promoting the provision of transportation for students living in an out-of-home
placement when it is in the best interest of the child to attend a school not within the
approved school assigned boundaries of the out-of-home placement location;
e) Promoting recognition of the authority of foster parents to enroll in school the
children who are in their care, pursuant to section 1002.21(5); Florida Statutes, system-
wide definition of parent; and
f) Identifying and recommending the removal of any statutory or administrative
rule, policy or practice that creates a barrier to prompt and continuous enrollment in an
appropriate school or program for children known to the department.
2.08
Transportation.
The Parties agree to promote the availability of
transportation resources for children known to the department who are in out-of-home
- 13 -
?
care to ensure that they can access education, job training and employment services,
as follows:
a) DCF can explore the use of funding provided by the McKinney Vento Act for
children in emergency shelter;
b) DCF shall explore the purchase of public bus system passes;
c) The Parties shall explore the funding of transportation and assess the
availability of federal, charitable, or grant funding for such transportation; and
d) DCF shall retain the responsibility to coordinate temporary transportation for
students to and from school during the time that transportation by the school system is
being arranged.
2.09
Case Planning.
a) The Parties shall promote the involvement of school district and Regional
Workforce Board personnel in the DCF case planning process, as necessary, to
effectively address educational, job training and employment issues regarding children
known to the department. DCF shall notify the District School Board Liaison of DCF
case planning for a child known to the department, both at the time of plan development
and plan review. Within the plan development or review process, the school district may
provide relevant educational information regarding the child known to the department.
DCF shall provide this notification to the Regional Workforce Board Liaison when there
is documentation in the DCF case file of a child’s involvement in Workforce services;
b) DOE shall promote the requirement that the district school board provide
individualized student intervention for all students, and for students with disabilities who
have individual educational programs (IEPs) or Section 504 plans, when a
- 14 -
?
determination has been made through legally appropriate criteria that intervention
services are required. The intervention or individual educational plan must include
strategies to enable the children known to the department to maximize the attainment of
educational goals.
2.095
Pursuit of Post Secondary Education.
The Parties recognize the
importance of encouraging post-secondary education pursuits for children known to the
department and agree to work collaboratively to encourage continued education for as
many youth as possible. DOE will assist DCF with the education of youth known to the
department (as well as youth adopted over the age of 16) regarding the availability of
Education and Training Voucher dollars to assist with post-secondary pursuits.
DOE shall promote the provision of on-going guidance support for children known to the
department to ensure that they are aware of post-secondary options and will encourage
school districts to include strategies for providing on-going guidance support in local
agreements.
2.10
Priority Employment, Training and Support Service.
AWI recognizes
the importance of the Regional Workforce Boards in providing employment and support
for children known to the department, including but not limited to eligible foster care
participants receiving independent living transition services. AWI shall facilitate the
provision of such services and support by promoting the following activities on the local
level:
a) Attendance of child protection staff at Regional Workforce Board meetings;
b) Providing DCF a description of local referral processes for employment and
training services;
- 15 -
?
c) Informing the various stakeholders about the available service array and the
need for services;
d) Distribution of information about career awareness opportunities; and
e) Establishing strategies for coordination of the various funding sources and
services regarding employment and training.
2.11
Opening and Closing of Licensed Residential Programs.
The
Department of Children and Families Liaison shall provide written notice to the District
School Board and Regional Workforce Board Liaisons when it plans to open or close a
group residential program, in order to give the respective agencies lead time for
program and resource planning.
2.12
Parental Rights/Exceptional Student Education (ESE).
Coordination of
services for a child known to the department who has or is suspected of having a
disability to ensure that the child receives an appropriate education consistent with the
Individuals with Disabilities Education Act and state implementing laws, rules and
assurances, may include:
a) Referral for screening;
?
b) Sharing of evaluations between the school district and DCF when appropriate;
?
c) Provision of specially designed instruction, special education and related
?
services appropriate for the needs and abilities of a child known to the department;
d) Coordination of services and plans between the school and the child’s
residential setting to avoid duplication or conflicting service plans;
- 16 -
?
e) Appointment of a surrogate parent, consistent with the Individuals with
Disabilities Education Act, for educational purposes for a child known to the department
who qualifies as soon as the child is determined to be dependent and without a parent
to act for the child. The surrogate parent shall be appointed by the school district with
consideration given to individuals who know the child, and recommendations made by
DCF and the courts, without regard to where the child known to the department is
placed so that one surrogate parent can follow the education of the child known to the
department during his or her entire time in state custody; and
f) DOE shall take lead responsibility and DCF shall cooperate in an update of the
Surrogate Parent Training Manual to bring that document into compliance with current
law and best practices.
2.13
Psycho-educational and Psychological Assessments:
a) DCF, to the extent feasible, shall require contracted agencies and individuals
performing psycho-educational assessments of children known to the department to use
evaluation instruments and procedures that are consistent with DOE and school district
requirements as outlined in school districts’ Special Programs and Procedures for the
Provision of Special Instruction and Services for Exceptional Students;
b) DOE acknowledges the requirement for the consideration of outside
assessments including those for children known to the department completed by DCF
contracted agencies and individuals when they are consistent with evaluation
instruments and procedures established by the district school board.
- 17 -
?
2.14
Independent Living Skills.
The Parties agree to promote collaborative
programming, as required by IDEA, for each child known to the department who has or
is suspected of having a disability and is 14 years of age and older to include
independent living transition planning by DCF and all of the child’s service providers to
meet the requirements of the local school district for educational purposes. The
collaboration shall be designed to enhance but not supplant DOE’s responsibilities
under IDEA. DOE as the SEA shall provide oversight through its monitoring processes,
for Local Education Agencies to meet the expectations as stated in federal law and
regulations and state statutes and rules regarding transition services for students with
disabilities. The SEA has a particular interest in working with DCF to fulfill its mandates
and assurances under IDEA. This collaboration will work to ensure educational
progress and to assist students in acquiring essential independent living skills, including
readiness for pursuit of higher education goals and/or employment. Where applicable,
collaborative programming on independent living skills and post high school
opportunities shall also be undertaken for children known to the department and not
having a known or suspected disability.
2.15
Agency Designees.
The Parties agree that for the purpose of executing,
administering and monitoring compliance with the requirements of this agreement:
a) DOE’s designee shall be the Commissioner of Education, who may designate
an administrator;
b) DCF’s designee shall be the Secretary of DCF, who may designate an
administrator; and
- 18 -
?
c) AWI’s designee shall be the Director of AWI, who may designate an
administrator.
2.16
Interagency Dispute.
Each Party agrees to comply with the following steps
in the case of an interagency dispute:
a) Step 1 is resolution of the dispute among the staff who surfaced the issue; and
b) Step 2 is resolution of the dispute among the agency heads, i.e., the
Commissioner of Education, the Secretary of DCF, and the Director of AWI, or their
designees.
2.17
Evaluation.
Each Party agrees to participate, as appropriate, in evaluations
conducted by the agencies or a neutral third party as agreed upon by the Parties to
determine the effectiveness of the Agreement and to make recommendations for future
enhancements that may benefit children known to the department.
ARTICLE 3 – GENERAL CONDITIONS
3.01
No Waiver of Sovereign Immunity
. Nothing contained in this Agreement
is intended to serve as a waiver of sovereign immunity by any agency to which
sovereign immunity may be applicable.
3.02
No Third Party Beneficiaries
. The Parties expressly acknowledge that it is
not their intent to create or confer any rights or obligations in or upon any third person or
entity under this Agreement. None of the Parties intends to directly or substantially
- 19 -
?
benefit a third party by this Agreement. The Parties agree that there are no third party
beneficiaries to this Agreement and that no third party shall be entitled to assert a claim
against any of the Parties based upon this Agreement. Nothing herein shall be
construed as consent by an agency or political subdivision of the State of Florida to be
sued by third parties in any manner arising out of any contract.
3.03
Non-Discrimination
. The Parties shall not discriminate against any
employee or participant in the performance of the duties, responsibilities and obligations
under this Agreement because of race, age, religion, color, gender, national origin,
marital status, disability or sexual orientation.
3.04
Records
. Each Party shall maintain its own respective records and
documents associated with this Agreement in accordance with the records retention
requirements applicable to public records. Each Party shall be responsible for
compliance with any public documents request served upon it pursuant to section
119.07, Florida Statutes, and any resultant award of attorney’s fees of non-compliance
with that law. Each Party shall comply with confidentiality requirements pursuant to
federal and state law including, but not limited to Chapter 39, regarding child abuse
records, as well as applicable sections of the Health Insurance Portability and
Accountability Act (HIPAA) and The Family Education Rights and Privacy Act (FERPA).
3.05
Entire Agreement
. This document incorporates and includes all prior
negotiations, correspondence, conversations, agreements and understandings
applicable to the matters contained herein and the Parties agree that there are no
- 20 -
?
commitments, agreements or understandings concerning the subject matter of this
Agreement that are not contained in this document. Accordingly, the Parties agree that
no deviation from the terms hereof shall be predicated upon any prior representations or
agreements, whether oral or written.
3.06
Amendments
. No modification, amendment, or alteration in the terms or
conditions contained herein shall be effective unless contained in a written document
prepared with the same or similar formality as this Agreement and executed by each
Party hereto.
3.07
Preparation of Agreement
. The Parties acknowledge that they have
sought and obtained whatever competent advice and counsel as was necessary for
them to form a full and complete understanding of all rights and obligations herein and
that the preparation of this Agreement has been their joint effort. The language agreed
to herein expresses their mutual intent and the resulting document shall not, solely as a
matter of judicial construction, be construed more severely against one of the Parties
than the other.
3.08
Waiver
. The Parties agree that each requirement, duty and obligation set
forth herein is substantial and important to the formation of this Agreement and,
therefore, is a material term hereof. Any Party’s failure to enforce any provision of this
Agreement shall not be deemed a waiver of such provision or modification of this
Agreement. A waiver of any breach of a provision of this Agreement shall not be
- 21 -
?
deemed a waiver of any subsequent breach and shall not be construed to be a
modification of the terms of this Agreement.
3.09
Compliance with Laws
. Each Party shall comply with all applicable federal
and state laws, codes, rules and regulations in performing its duties, responsibilities and
obligations pursuant to this Agreement.
3.10
Governing Law
. This Agreement shall be interpreted and construed in
accordance with and governed by the laws of the State of Florida and federal law. Any
controversy or legal problems arising out of this Agreement and any action involving the
enforcement or interpretation of any rights hereunder shall be submitted to the
jurisdiction of the state court of the 2
nd
Judicial Circuit , Leon County, of Florida.
3.11
Binding Effect
. This Agreement shall be binding upon and inure to the
benefit of the Parties hereto and their respective successors and assigns.
3.12
Assignment
. Neither this Agreement nor any interest herein may be
assigned, transferred or encumbered by any Party without the prior written consent of
the other Parties.
3.13
Force Majeure.
None of the Parties shall be obligated to perform any duty,
requirement or obligation under this Agreement if such performance is prevented by fire,
hurricane, tornado, earthquake, explosion, wars, sabotage, accident, flood, acts of God,
strikes or other labor disputes, riot or civil commotions, or by reason of any other matter
- 22 -
?
or condition beyond the control any of the Parties, and which cannot be overcome by
reasonable diligence and without unusual expense.
3.14
Severability
. In case any one or more of the provisions contained in this
Agreement shall for any reason be held to be invalid, illegal, unlawful, unenforceable or
void in any respect, the invalid, illegal, unlawful, unenforceable or void nature of that
provision shall not affect any other provision and this Agreement shall be considered as
if such invalid, illegal, unlawful, unenforceable or void provision had never been
included herein.
3.15
Notice
. When any of the Parties desire to give notice to the other, such
notice must be in writing, addressed to the Party for whom it is intended at the place last
specified. The address for giving notice shall remain such until it is changed by written
notice in compliance with the provisions of this paragraph. For the present, the Parties
designate the following as the respective Party and place for giving notice:
To DOE:
?
John Winn, Commissioner of Education
Department of Education
325 W. Gaines Street
Tallahassee, Florida 32399-0400
With a Copy to:
?
Jim Warford, K-12 Chancellor
Department of Education
325 W. Gaines Street
- 23 -
?
To DCF:
With a Copy to:
To AWI:
With a Copy to:
Tallahassee, Florida 32399-0400
Lucy D. Hadi, Secretary
Department of Children and Families
1317 Winewood Blvd.
Tallahassee, Florida 32399-0700
Greg Keller, Deputy Secretary for Operations and
Technology
Department of Children and Families
1317 Winewood Blvd.
Tallahassee, Florida 32399-0700
Susan Pareigis, Director
Agency for Workforce Innovation
107 E. Madison Street,
Tallahassee, Florida 32399-4134
Barbara K. Griffin, Assistant Director
Agency for Workforce Innovation
107 E. Madison Street
Tallahassee, Florida 32399-4134
- 24 -
?
3.16
Captions
. The captions, section numbers, article numbers, title and
headings in this Agreement are inserted only as a matter of convenience and in no way
define, limit, construe, or describe the scope or intent of such articles or sections of this
Agreement, nor in any way effect this Agreement and shall not be construed to create a
conflict with the provisions of this Agreement.
3.17
Authority
. Each person signing this Agreement on behalf of each Party
individually warrants that he or she has full legal power to execute this Agreement on
behalf of the Party for whom he or she is signing, and to bind and obligate such Party
with respect to all provisions contained in this Agreement.
- 25 -
?
The 2004 Florida Statutes
K-20 EDUCATION CODE Chapter 1003
PUBLIC K-12 EDUCATION
1003.01 Definitions.
--As used in this chapter, the term:
(1) "District school board" means the members who are elected by the voters of a
school district created and existing pursuant to s. 4, Art. IX of the State Constitution to
operate and control public K-12 education within the school district.
(2) "School" means an organization of students for instructional purposes on an
elementary, middle or junior high school, secondary or high school, or other public
school level authorized under rules of the State Board of Education.
(3)(a) "Exceptional student" means any student who has been determined eligible for a
special program in accordance with rules of the State Board of Education. The term
includes students who are gifted and students with disabilities who are mentally
handicapped, speech and language impaired, deaf or hard of hearing, visually impaired,
dual sensory impaired, physically impaired, emotionally handicapped, specific learning
disabled, hospital and homebound, autistic, developmentally delayed children, ages
birth through 5 years, or children, ages birth through 2 years, with established
conditions that are identified in State Board of Education rules pursuant to s.
1003.21(1)(e).
(b) "Special education services" means specially designed instruction and such related
services as are necessary for an exceptional student to benefit from education. Such
services may include: transportation; diagnostic and evaluation services; social
services; physical and occupational therapy; job placement; orientation and mobility
training; braillists, typists, and readers for the blind; interpreters and auditory
amplification; rehabilitation counseling; transition services; mental health services;
guidance and career counseling; specified materials, assistive technology devices, and
other specialized equipment; and other such services as approved by rules of the state
board.
(4) "Career education" means education that provides instruction for the following
purposes:
(a) At the elementary, middle, and secondary school levels, exploratory courses
designed to give students initial exposure to a broad range of occupations to assist
them in preparing their academic and occupational plans, and practical arts courses that
provide generic skills that may apply to many occupations but are not designed to
prepare students for entry into a specific occupation. Career education provided before
high school completion must be designed to enhance both occupational and academic
skills through integration with academic instruction.
- 27 -
?
(b) At the secondary school level, job-preparatory instruction in the competencies that
prepare students for effective entry into an occupation, including diversified cooperative
education, work experience, and job-entry programs that coordinate directed study and
on-the-job training.
(c) At the postsecondary education level, courses of study that provide competencies
needed for entry into specific occupations or for advancement within an occupation.
(5)(a) "Suspension," also referred to as out-of-school suspension, means the temporary
removal of a student from all classes of instruction on public school grounds and all
other school-sponsored activities, except as authorized by the principal or the principal's
designee, for a period not to exceed 10 school days and remanding of the student to the
custody of the student's parent with specific homework assignments for the student to
complete.
(b) "In-school suspension" means the temporary removal of a student from the
student's regular school program and placement in an alternative program, such as that
provided in s. 1003.53, under the supervision of district school board personnel, for a
period not to exceed 10 school days.
(6) "Expulsion" means the removal of the right and obligation of a student to attend a
public school under conditions set by the district school board, and for a period of time
not to exceed the remainder of the term or school year and 1 additional year of
attendance. Expulsions may be imposed with or without continuing educational
services and shall be reported accordingly.
(7) "Corporal punishment" means the moderate use of physical force or physical
contact by a teacher or principal as may be necessary to maintain discipline or to
enforce school rule. However, the term "corporal punishment" does not include the use
of such reasonable force by a teacher or principal as may be necessary for self-
protection or to protect other students from disruptive students.
(8) "Habitual truant" means a student who has 15 unexcused absences within 90
calendar days with or without the knowledge or consent of the student's parent, is
subject to compulsory school attendance under s. 1003.21(1) and (2)(a), and is not
exempt under s. 1003.21(3) or s. 1003.24, or by meeting the criteria for any other
exemption specified by law or rules of the State Board of Education. Such a student
must have been the subject of the activities specified in ss. 1003.26 and 1003.27(3),
without resultant successful remediation of the truancy problem before being dealt with
as a child in need of services according to the provisions of chapter 984.
(9) "Dropout" means a student who meets any one or more of the following criteria:
(a) The student has voluntarily removed himself or herself from the school system
before graduation for reasons that include, but are not limited to, marriage, or the
student has withdrawn from school because he or she has failed the statewide student
assessment test and thereby does not receive any of the certificates of completion;
- 28 -
?
(b) The student has not met the relevant attendance requirements of the school district
pursuant to State Board of Education rules, or the student was expected to attend a
school but did not enter as expected for unknown reasons, or the student's whereabouts
are unknown;
(c) The student has withdrawn from school, but has not transferred to another public or
private school or enrolled in any career, adult, home education, or alternative
educational program;
(d) The student has withdrawn from school due to hardship, unless such withdrawal
has been granted under the provisions of s. 322.091, court action, expulsion, medical
reasons, or pregnancy; or
(e) The student is not eligible to attend school because of reaching the maximum age
for an exceptional student program in accordance with the district's policy.
The State Board of Education may adopt rules to implement the provisions of this
subsection.
(10) "Alternative measures for students with special needs" or "special programs"
means measures designed to meet the special needs of a student that cannot be met
by regular school curricula.
(11)(a) "Juvenile justice education programs or schools" means programs or schools
operating for the purpose of providing educational services to youth in Department of
Juvenile Justice programs, for a school year comprised of 250 days of instruction
distributed over 12 months. At the request of the provider, a district school board may
decrease the minimum number of days of instruction by up to 10 days for teacher
planning for residential programs and up to 20 days for teacher planning for
nonresidential programs, subject to the approval of the Department of Juvenile Justice
and the Department of Education.
(b) "Juvenile justice provider" means the Department of Juvenile Justice or a private,
public, or other governmental organization under contract with the Department of
Juvenile Justice that provides treatment, care and custody, or educational programs for
youth in juvenile justice intervention, detention, or commitment programs.
(12) "Homeless child" means:
(a) One who lacks a fixed, regular nighttime residence;
(b) One who has a primary nighttime residence that is:
1. A supervised publicly or privately operated shelter designed to provide temporary
living accommodations, including welfare hotels, congregate shelters, and transitional
housing for the mentally ill;
- 29 -
?
2. An institution that provides a temporary residence for individuals intended to be
institutionalized; or
3. A public or private place not designed for, or ordinarily used as, a regular sleeping
accommodation for human beings; or
(c) One who temporarily resides with an adult other than his or her parent because the
parent is suffering financial hardship.
A child who is imprisoned, detained, or in the custody of the state pursuant to a state or
federal law is not a homeless child.
(13) "Regular school attendance" means the actual attendance of a student during the
school day as defined by law and rules of the State Board of Education. Regular
attendance within the intent of s. 1003.21 may be achieved by attendance in:
(a) A public school supported by public funds;
(b) A parochial, religious, or denominational school;
(c) A private school supported in whole or in part by tuition charges or by endowments
or gifts;
(d) A home education program that meets the requirements of chapter 1002; or
(e) A private tutoring program that meets the requirements of chapter 1002.
(14) "Core-curricula courses" means courses defined by the Department of Education
as mathematics, language arts/reading, science, social studies, foreign language,
English for Speakers of Other Languages, exceptional student education, and courses
taught in traditional self-contained elementary school classrooms. The term is limited in
meaning and used for the sole purpose of designating classes that are subject to the
maximum class size requirements established in s. 1, Art. IX of the State Constitution.
(15) "Extracurricular courses" means all courses that are not defined as "core-curricula
courses," which may include, but are not limited to, physical education, fine arts,
performing fine arts, and career education. The term is limited in meaning and used for
the sole purpose of designating classes that are not subject to the maximum class size
requirements established in s. 1, Art. IX of the State Constitution.
History.
--s. 111, ch. 2002-387; s. 1, ch. 2003-391; s. 81, ch. 2004-357.
- 30 -
The 2004 Florida Statutes
K-20 EDUCATION CODE
Chapter 1003
PUBLIC K-12 EDUCATION
1003.53 Dropout prevention and academic intervention.
--
(1)(a) Dropout prevention and academic intervention programs may differ from
traditional educational programs and schools in scheduling, administrative structure,
philosophy, curriculum, or setting and shall employ alternative teaching methodologies,
curricula, learning activities, and diagnostic and assessment procedures in order to
meet the needs, interests, abilities, and talents of eligible students. The educational
program shall provide curricula, character development and law education, and related
services that support the program goals and lead to improved performance in the areas
of academic achievement, attendance, and discipline. Student participation in such
programs shall be voluntary. District school boards may, however, assign students to a
program for disruptive students. Notwithstanding any other provision of law to the
contrary, no student shall be identified as being eligible to receive services funded
through the dropout prevention and academic intervention program based solely on the
student being from a single-parent family.
(b) Students in grades 1-12 shall be eligible for dropout prevention and academic
intervention programs. Eligible students shall be reported in the appropriate basic cost
factor in the Florida Education Finance Program. The strategies and supports provided
to eligible students shall be funded through the General Appropriations Act and may
include, but are not limited to, those services identified on the student's academic
intervention plan.
(c) A student shall be identified as being eligible to receive services funded through the
dropout prevention and academic intervention program based upon one of the following
criteria:
1. The student is academically unsuccessful as evidenced by low test scores, retention,
failing grades, low grade point average, falling behind in earning credits, or not meeting
the state or district proficiency levels in reading, mathematics, or writing.
2. The student has a pattern of excessive absenteeism or has been identified as a
habitual truant.
3. The student has a history of disruptive behavior in school or has committed an
offense that warrants out-of-school suspension or expulsion from school according to
the district school board's code of student conduct. For the purposes of this program,
"disruptive behavior" is behavior that:
a. Interferes with the student's own learning or the educational process of others and
requires attention and assistance beyond that which the traditional program can provide
or results in frequent conflicts of a disruptive nature while the student is under the
jurisdiction of the school either in or out of the classroom; or
- 31 -
?
b. Severely threatens the general welfare of students or others with whom the student
comes into contact.
(d)1. "Second chance schools" means district school board programs provided through
cooperative agreements between the Department of Juvenile Justice, private providers,
state or local law enforcement agencies, or other state agencies for students who have
been disruptive or violent or who have committed serious offenses. As partnership
programs, second chance schools are eligible for waivers by the Commissioner of
Education from State Board of Education rules that prevent the provision of appropriate
educational services to violent, severely disruptive, or delinquent students in small
nontraditional settings or in court-adjudicated settings.
2. District school boards seeking to enter into a partnership with a private entity or
public entity to operate a second chance school for disruptive students may apply to the
Department of Education for startup grants. These grants must be available for 1 year
and must be used to offset the startup costs for implementing such programs off public
school campuses. General operating funds must be generated through the appropriate
programs of the Florida Education Finance Program. Grants approved under this
program shall be for the full operation of the school by a private nonprofit or for-profit
provider or the public entity. This program must operate under rules adopted by the
State Board of Education and be implemented to the extent funded by the Legislature.
3. A student enrolled in a sixth, seventh, eighth, ninth, or tenth grade class may be
assigned to a second chance school if the student meets the following criteria:
a. The student is a habitual truant as defined in s. 1003.01.
b. The student's excessive absences have detrimentally affected the student's
academic progress and the student may have unique needs that a traditional school
setting may not meet.
c. The student's high incidences of truancy have been directly linked to a lack of
motivation.
d. The student has been identified as at risk of dropping out of school.
4. A student who is habitually truant may be assigned to a second chance school only if
the case staffing committee, established pursuant to s. 984.12, determines that such
placement could be beneficial to the student and the criteria included in subparagraph
3. are met.
5. A student may be assigned to a second chance school if the district school board in
which the student resides has a second chance school and if the student meets one of
the following criteria:
- 32 -
?
a. The student habitually exhibits disruptive behavior in violation of the code of student
conduct adopted by the district school board.
b. The student interferes with the student's own learning or the educational process of
others and requires attention and assistance beyond that which the traditional program
can provide, or, while the student is under the jurisdiction of the school either in or out of
the classroom, frequent conflicts of a disruptive nature occur.
c. The student has committed a serious offense which warrants suspension or
expulsion from school according to the district school board's code of student conduct.
For the purposes of this program, "serious offense" is behavior which:
(I) Threatens the general welfare of students or others with whom the student comes
into contact;
(II) Includes violence;
(III) Includes possession of weapons or drugs; or
(IV) Is harassment or verbal abuse of school personnel or other students.
6. Prior to assignment of students to second chance schools, district school boards are
encouraged to use alternative programs, such as in-school suspension, which provide
instruction and counseling leading to improved student behavior, a reduction in the
incidence of truancy, and the development of more effective interpersonal skills.
7. Students assigned to second chance schools must be evaluated by the district
school board's child study team before placement in a second chance school. The study
team shall ensure that students are not eligible for placement in a program for
emotionally disturbed children.
8. Students who exhibit academic and social progress and who wish to return to a
traditional school shall complete a character development and law education program
and demonstrate preparedness to reenter the regular school setting prior to reentering a
traditional school.
(2)(a) Each district school board may establish dropout prevention and academic
intervention programs at the elementary, middle, junior high school, or high school level.
Programs designed to eliminate patterns of excessive absenteeism or habitual truancy
shall emphasize academic performance and may provide specific instruction in the
areas of career education, preemployment training, and behavioral management. Such
programs shall utilize instructional teaching methods appropriate to the specific needs
of the student.
(b) Each school that establishes a dropout prevention and academic intervention
program at that school site shall reflect that program in the school improvement plan as
required under s. 1001.42(16).
- 33 -
?
(3) Each district school board receiving state funding for dropout prevention and
academic intervention programs through the General Appropriations Act shall submit
information through an annual report to the Department of Education's database
documenting the extent to which each of the district's dropout prevention and academic
intervention programs has been successful in the areas of graduation rate, dropout rate,
attendance rate, and retention/promotion rate. The department shall compile this
information into an annual report which shall be submitted to the presiding officers of the
Legislature by February 15.
(4) Each district school board shall establish procedures for ensuring that teachers
assigned to dropout prevention and academic intervention programs possess the
affective, pedagogical, and content-related skills necessary to meet the needs of these
students.
(5) Each district school board providing a dropout prevention and academic intervention
program pursuant to this section shall maintain for each participating student records
documenting the student's eligibility, the length of participation, the type of program to
which the student was assigned or the type of academic intervention services provided,
and an evaluation of the student's academic and behavioral performance while in the
program. The school principal or his or her designee shall, prior to placement in a
dropout prevention and academic intervention program or the provision of an academic
service, provide written notice of placement or services by certified mail, return receipt
requested, to the student's parent. The parent of the student shall sign an
acknowledgment of the notice of placement or service and return the signed
acknowledgment to the principal within 3 days after receipt of the notice. The parents of
a student assigned to such a dropout prevention and academic intervention program
shall be notified in writing and entitled to an administrative review of any action by
school personnel relating to such placement pursuant to the provisions of chapter 120.
(6) District school board dropout prevention and academic intervention programs shall
be coordinated with social service, law enforcement, prosecutorial, and juvenile justice
agencies and juvenile assessment centers in the school district. Notwithstanding the
provisions of s. 1002.22, these agencies are authorized to exchange information
contained in student records and juvenile justice records. Such information is
confidential and exempt from the provisions of s. 119.07(1). District school boards and
other agencies receiving such information shall use the information only for official
purposes connected with the certification of students for admission to and for the
administration of the dropout prevention and academic intervention program, and shall
maintain the confidentiality of such information unless otherwise provided by law or rule.
(7) The State Board of Education shall have the authority pursuant to ss. 120.536(1)
and 120.54 to adopt rules necessary to implement the provisions of this section; such
rules shall require the minimum amount of necessary paperwork and reporting.
History.
--s. 147, ch. 2002-387.
- 34 -
The 2004 Florida Statutes
JUDICIAL BRANCH
Chapter 39
PROCEEDINGS RELATING TO CHILDREN
39.0016 Education of abused, neglected, and abandoned children.
--
(1) As used in this section, the term:
(a) "Children known to the department" means children who are found to be dependent
or children in shelter care.
(b) "Department" means the Department of Children and Family Services or a
community-based care lead agency acting on behalf of the Department of Children and
Family Services, as appropriate.
(2) The provisions of this section establish goals and not rights. This section does not
require the delivery of any particular service or level of service in excess of existing
appropriations. A person may not maintain a cause of action against the state or any of
its subdivisions, agencies, contractors, subcontractors, or agents based upon this
section becoming law or failure by the Legislature to provide adequate funding for the
achievement of these goals. This section does not require the expenditure of funds to
meet the goals established in this section except funds specifically appropriated for
such purpose.
(3) The department shall enter into an agreement with the Department of Education
regarding the education and related care of children known to the department. Such
agreement shall be designed to provide educational access to children known to the
department for the purpose of facilitating the delivery of services or programs to children
known to the department. The agreement shall avoid duplication of services or
programs and shall provide for combining resources to maximize the availability or
delivery of services or programs.
(4) The department shall enter into agreements with district school boards or other local
educational entities regarding education and related services for children known to the
department who are of school age and children known to the department who are
younger than school age but who would otherwise qualify for services from the district
school board. Such agreements shall include, but are not limited to:
(a) A requirement that the department shall:
1. Enroll children known to the department in school. The agreement shall provide for
continuing the enrollment of a child known to the department at the same school, if
possible, with the goal of avoiding disruption of education.
- 35 -
?
2. Notify the school and school district in which a child known to the department is
enrolled of the name and phone number of the child known to the department caregiver
and caseworker for child safety purposes.
3. Establish a protocol for the department to share information about a child known to
the department with the school district, consistent with the Family Educational Rights
and Privacy Act, since the sharing of information will assist each agency in obtaining
education and related services for the benefit of the child.
4. Notify the school district of the department's case planning for a child known to the
department, both at the time of plan development and plan review. Within the plan
development or review process, the school district may provide information regarding
the child known to the department if the school district deems it desirable and
appropriate.
(b) A requirement that the district school board shall:
1. Provide the department with a general listing of the services and information
available from the district school board, including, but not limited to, the current
Sunshine State Standards, the Surrogate Parent Training Manual, and other resources
accessible through the Department of Education or local school districts to facilitate
educational access for a child known to the department.
2. Identify all educational and other services provided by the school and school district
which the school district believes are reasonably necessary to meet the educational
needs of a child known to the department.
3. Determine whether transportation is available for a child known to the department
when such transportation will avoid a change in school assignment due to a change in
residential placement. Recognizing that continued enrollment in the same school
throughout the time the child known to the department is in out-of-home care is
preferable unless enrollment in the same school would be unsafe or otherwise
impractical, the department, the district school board, and the Department of Education
shall assess the availability of federal, charitable, or grant funding for such
transportation.
4. Provide individualized student intervention or an individual educational plan when a
determination has been made through legally appropriate criteria that intervention
services are required. The intervention or individual educational plan must include
strategies to enable the child known to the department to maximize the attainment of
educational goals.
(c) A requirement that the department and the district school board shall cooperate in
accessing the services and supports needed for a child known to the department who
has or is suspected of having a disability to receive an appropriate education consistent
with the Individuals with Disabilities Education Act and state implementing laws, rules,
- 36 -
?
and assurances. Coordination of services for a child known to the department who has
or is suspected of having a disability may include:
1. Referral for screening.
2. Sharing of evaluations between the school district and the department where
appropriate.
3. Provision of education and related services appropriate for the needs and abilities of
the child known to the department.
4. Coordination of services and plans between the school and the residential setting to
avoid duplication or conflicting service plans.
5. Appointment of a surrogate parent, consistent with the Individuals with Disabilities
Education Act, for educational purposes for a child known to the department who
qualifies as soon as the child is determined to be dependent and without a parent to act
for the child. The surrogate parent shall be appointed by the school district without
regard to where the child known to the department is placed so that one surrogate
parent can follow the education of the child known to the department during his or her
entire time in state custody.
6. For each child known to the department 14 years of age and older, transition
planning by the department and all providers, including the department's independent
living program staff, to meet the requirements of the local school district for educational
purposes.
(5) The department shall incorporate an education component into all training programs
of the department regarding children known to the department. Such training shall be
coordinated with the Department of Education and the local school districts. The
department shall offer opportunities for education personnel to participate in such
training. Such coordination shall include, but not be limited to, notice of training
sessions, opportunities to purchase training materials, proposals to avoid duplication of
services by offering joint training, and incorporation of materials available from the
Department of Education and local school districts into the department training when
appropriate. The department training components shall include:
(a) Training for surrogate parents to include how an ability to learn of a child known to
the department is affected by abuse, abandonment, neglect, and removal from the
home.
(b) Training for parents in cases in which reunification is the goal, or for preadoptive
parents when adoption is the goal, so that such parents learn how to access the
services the child known to the department needs and the importance of their
involvement in the education of the child known to the department.
- 37 -
?
(c) Training for caseworkers and foster parents to include information on the right of the
child known to the department to an education, the role of an education in the
development and adjustment of a child known to the department, the proper ways to
access education and related services for the child known to the department, and the
importance and strategies for parental involvement in education for the success of the
child known to the department.
(d) Training of caseworkers regarding the services and information available through
the Department of Education and local school districts, including, but not limited to, the
current Sunshine State Standards, the Surrogate Parent Training Manual, and other
resources accessible through the Department of Education or local school districts to
facilitate educational access for a child known to the department.
History.
--s. 3, ch. 2004-356.
The 2004 Florida Statutes
LABOR
Chapter 445
WORKFORCE INNOVATION
445.004 Workforce Florida, Inc.; creation; purpose; membership; duties and
powers.
--
(1) There is created a not-for-profit corporation, to be known as "Workforce Florida,
Inc.," which shall be registered, incorporated, organized, and operated in compliance
with chapter 617, and which shall not be a unit or entity of state government. Workforce
Florida, Inc., shall be administratively housed within the Agency for Workforce
Innovation; however, Workforce Florida, Inc., shall not be subject to control, supervision,
or direction by the Agency for Workforce Innovation in any manner. The Legislature
determines, however, that public policy dictates that Workforce Florida, Inc., operate in
the most open and accessible manner consistent with its public purpose. To this end,
the Legislature specifically declares that Workforce Florida, Inc., its board, councils, and
any advisory committees or similar groups created by Workforce Florida, Inc., are
subject to the provisions of chapter 119 relating to public records, and those provisions
of chapter 286 relating to public meetings.
(2) Workforce Florida, Inc., is the principal workforce policy organization for the state.
The purpose of Workforce Florida, Inc., is to design and implement strategies that help
Floridians enter, remain in, and advance in the workplace, becoming more highly skilled
and successful, benefiting these Floridians, Florida businesses, and the entire state,
and to assist in developing the state's business climate.
(3)(a) Workforce Florida, Inc., shall be governed by a board of directors, the number of
directors to be determined by the Governor, whose membership and appointment must
be consistent with Pub. L. No. 105-220, Title I, s. 111(b), and contain one member
representing the licensed nonpublic postsecondary educational institutions authorized
as individual training account providers, one member from the staffing service industry,
- 38 -
?
at least one member who is a current or former recipient of welfare transition services
as defined in s. 445.002(3) or workforce services as provided in s. 445.009(1), and five
representatives of organized labor who shall be appointed by the Governor.
Notwithstanding s. 114.05(1)(f), the Governor may appoint remaining members to
Workforce Florida, Inc., from the current Workforce Development Board and the
WAGES Program State Board of Directors, established pursuant to chapter 96-175,
Laws of Florida, to serve on the reconstituted board. By July 1, 2000, the Workforce
Development Board will provide to the Governor a transition plan to incorporate the
changes required by this act and Pub. L. No. 105-220, specifying the manner of
changes to the board. This plan shall govern the transition, unless otherwise notified by
the Governor. The importance of minority, gender, and geographic representation shall
be considered when making appointments to the board.
(b) The board of directors of Workforce Florida, Inc., shall be chaired by a board
member designated by the Governor pursuant to Pub. L. No. 105-220.
(c) Members appointed by the Governor must be appointed for 2-year terms. Private
sector representatives of businesses, appointed by the Governor pursuant to Pub. L.
No. 105-220, shall constitute a majority of the membership of the board. Private sector
representatives shall be appointed from nominations received by the Governor from any
member of the Legislature. A member of the Legislature may submit more than one
board nomination to the Governor through his or her respective presiding officer. Private
sector appointments to the board shall be representative of the business community of
this state, and no less than one-half of the appointments to the board must be
representative of small businesses. Members appointed by the Governor serve at the
pleasure of the Governor and are eligible for reappointment.
(d) The Governor shall appoint members to the board of directors of Workforce Florida,
Inc., within 30 days after the receipt of a sufficient number of nominations.
(e) A member of the board of directors of Workforce Florida, Inc., may be removed by
the Governor for cause. Absence from three consecutive meetings results in automatic
removal. The chair of Workforce Florida, Inc., shall notify the Governor of such
absences.
(f) Representatives of businesses appointed to the board of directors may not include
providers of workforce services.
(4)(a) The president of Workforce Florida, Inc., shall be hired by the board of directors
of Workforce Florida, Inc., and shall serve at the pleasure of the Governor in the
capacity of an executive director and secretary of Workforce Florida, Inc.
(b) The board of directors of Workforce Florida, Inc., shall meet at least quarterly and at
other times upon call of its chair.
(c) A majority of the total current membership of the board of directors of Workforce
Florida, Inc., comprises a quorum of the board.
- 39 -
?
(d) A majority of those voting is required to organize and conduct the business of the
board, except that a majority of the entire board of directors is required to adopt or
amend the operational plan.
(e) Except as delegated or authorized by the board of directors of Workforce Florida,
Inc., individual members have no authority to control or direct the operations of
Workforce Florida, Inc., or the actions of its officers and employees, including the
president.
(f) Members of the board of directors of Workforce Florida, Inc., and its committees
shall serve without compensation, but these members, the president, and all employees
of Workforce Florida, Inc., may be reimbursed for all reasonable, necessary, and actual
expenses pursuant to s. 112.061.
(g) The board of directors of Workforce Florida, Inc., may establish an executive
committee consisting of the chair and at least six additional board members selected by
the board of directors, one of whom must be a representative of organized labor. The
executive committee and the president shall have such authority as the board delegates
to it, except that the board of directors may not delegate to the executive committee
authority to take action that requires approval by a majority of the entire board of
directors.
(h) The chair may appoint committees to fulfill its responsibilities, to comply with federal
requirements, or to obtain technical assistance, and must incorporate members of
regional workforce development boards into its structure. At a minimum, the chair shall
establish the following standing councils: the First Jobs/First Wages Council, the Better
Jobs/Better Wages Council, and the High Skills/High Wages Council. For purposes of
Pub. L. No. 105-220, the First Jobs/First Wages Council shall serve as the state's youth
council.
(i) Each member of the board of directors who is not otherwise required to file a
financial disclosure pursuant to s. 8, Art. II of the State Constitution or s. 112.3144 must
file disclosure of financial interests pursuant to s. 112.3145.
(5) Workforce Florida, Inc., shall have all the powers and authority, not explicitly
prohibited by statute, necessary or convenient to carry out and effectuate the purposes
as determined by statute, Pub. L. No. 105-220, and the Governor, as well as its
functions, duties, and responsibilities, including, but not limited to, the following:
(a) Serving as the state's Workforce Investment Board pursuant to Pub. L. No. 105-
220. Unless otherwise required by federal law, at least 90 percent of the workforce
development funding must go into direct customer service costs.
(b) Providing oversight and policy direction to ensure that the following programs are
administered by the Agency for Workforce Innovation in compliance with approved
plans and under contract with Workforce Florida, Inc.:
- 40 -
?
1. Programs authorized under Title I of the Workforce Investment Act of 1998, Pub. L.
No. 105-220, with the exception of programs funded directly by the United States
Department of Labor under Title I, s. 167.
2. Programs authorized under the Wagner-Peyser Act of 1933, as amended, 29 U.S.C.
ss. 49 et seq.
3. Welfare-to-work grants administered by the United States Department of Labor
under Title IV, s. 403, of the Social Security Act, as amended.
4. Activities authorized under Title II of the Trade Act of 1974, as amended, 2 U.S.C.
ss. 2271 et seq., and the Trade Adjustment Assistance Program.
5. Activities authorized under 38 U.S.C., chapter 41, including job counseling, training,
and placement for veterans.
6. Employment and training activities carried out under the Community Services Block
Grant Act, 42 U.S.C. ss. 9901 et seq.
7. Employment and training activities carried out under funds awarded to this state by
the United States Department of Housing and Urban Development.
8. Welfare transition services funded by the Temporary Assistance for Needy Families
Program, created under the Personal Responsibility and Work Opportunity
Reconciliation Act of 1996, as amended, Pub. L. No. 104-193, and Title IV, s. 403, of
the Social Security Act, as amended.
9. Displaced homemaker programs, provided under s. 446.50.
10. The Florida Bonding Program, provided under Pub. L. No. 97-300, s. 164(a)(1).
11. The Food Stamp Employment and Training Program, provided under the Food
Stamp Act of 1977, U.S.C. ss. 2011-2032; the Food Security Act of 1988, Pub. L. No.
99-198; and the Hunger Prevention Act, Pub. L. No. 100-435.
12. The Quick-Response Training Program, provided under ss. 288.046-288.047.
Matching funds and in-kind contributions that are provided by clients of the Quick-
Response Training Program shall count toward the requirements of s. 288.90151(5)(d),
pertaining to the return on investment from activities of Enterprise Florida, Inc.
13. The Work Opportunity Tax Credit, provided under the Tax and Trade Relief
Extension Act of 1998, Pub. L. No. 105-277, and the Taxpayer Relief Act of 1997, Pub.
L. No. 105-34.
14. Offender placement services, provided under ss. 944.707-944.708.
- 41 -
15. Programs authorized under the National and Community Service Act of 1990, 42
U.S.C. ss. 12501 et seq., and the Service-America programs, the National Service Trust
programs, the Civilian Community Corps, the Corporation for National and Community
Service, the American Conservation and Youth Service Corps, and the Points of Light
Foundation programs, if such programs are awarded to the state.
(c) Contracting with public and private entities as necessary to further the directives of
this section. All contracts executed by Workforce Florida, Inc., must include specific
performance expectations and deliverables.
(d) Notifying the Governor, the President of the Senate, and the Speaker of the House
of Representatives of noncompliance by the Agency for Workforce Innovation or other
agencies or obstruction of the board's efforts by such agencies. Upon such notification,
the Executive Office of the Governor shall assist agencies to bring them into compliance
with board objectives.
(e) Ensuring that the state does not waste valuable training resources. Thus, the board
shall direct that all resources, including equipment purchased for training Workforce
Investment Act clients, be available for use at all times by eligible populations as first
priority users. At times when eligible populations are not available, such resources shall
be used for any other state authorized education and training purpose.
(f) Archiving records with the Bureau of Archives and Records Management of the
Division of Library and Information Services of the Department of State.
(6) Workforce Florida, Inc., may take action that it deems necessary to achieve the
purposes of this section, including, but not limited to:
(a) Creating a state employment, education, and training policy that ensures that
programs to prepare workers are responsive to present and future business and
industry needs and complement the initiatives of Enterprise Florida, Inc.
(b) Establishing policy direction for a funding system that provides incentives to
improve the outcomes of career education programs, and of registered apprenticeship
and work-based learning programs, and that focuses resources on occupations related
to new or emerging industries that add greatly to the value of the state's economy.
(c) Establishing a comprehensive policy related to the education and training of target
populations such as those who have disabilities, are economically disadvantaged,
receive public assistance, are not proficient in English, or are dislocated workers. This
approach should ensure the effective use of federal, state, local, and private resources
in reducing the need for public assistance.
(d) Designating Institutes of Applied Technology composed of public and private
postsecondary institutions working together with business and industry to ensure that
career education programs use the most advanced technology and instructional
methods available and respond to the changing needs of business and industry.
- 42 -
?
(e) Providing policy direction for a system to project and evaluate labor market supply
and demand using the results of the Workforce Estimating Conference created in s.
216.136 and the career education performance standards identified under s. 1008.43.
(f) Reviewing the performance of public programs that are responsible for economic
development, education, employment, and training. The review must include an
analysis of the return on investment of these programs.
(g) Expanding the occupations identified by the Workforce Estimating Conference to
meet needs created by local emergencies or plant closings or to capture occupations
within emerging industries.
(7) By December 1 of each year, Workforce Florida, Inc., shall submit to the Governor,
the President of the Senate, the Speaker of the House of Representatives, the Senate
Minority Leader, and the House Minority Leader a complete and detailed annual report
setting forth:
(a) All audits, including the audit in subsection (8), if conducted.
(b) The operations and accomplishments of the partnership including the programs or
entities listed in subsection (6).
(8) The Auditor General may, pursuant to his or her own authority or at the direction of
the Legislative Auditing Committee, conduct an audit of Workforce Florida, Inc., or the
programs or entities created by Workforce Florida, Inc. The Office of Program Policy
Analysis and Government Accountability, pursuant to its authority or at the direction of
the Legislative Auditing Committee, may review the systems and controls related to
performance outcomes and quality of services of Workforce Florida, Inc.
(9) Workforce Florida, Inc., in collaboration with the regional workforce boards and
appropriate state agencies and local public and private service providers, and in
consultation with the Office of Program Policy Analysis and Government Accountability,
shall establish uniform measures and standards to gauge the performance of the
workforce development strategy. These measures and standards must be organized
into three outcome tiers.
(a) The first tier of measures must be organized to provide benchmarks for systemwide
outcomes. Workforce Florida, Inc., must, in collaboration with the Office of Program
Policy Analysis and Government Accountability, establish goals for the tier-one
outcomes. Systemwide outcomes may include employment in occupations
demonstrating continued growth in wages; continued employment after 3, 6, 12, and 24
months; reduction in and elimination of public assistance reliance; job placement;
employer satisfaction; and positive return on investment of public resources.
(b) The second tier of measures must be organized to provide a set of benchmark
outcomes for the initiatives of the First Jobs/First Wages Council, the Better Jobs/Better
- 43 -
?
Wages Council, and the High Skills/High Wages Council and for each of the strategic
components of the workforce development strategy. Cost per entered employment,
earnings at placement, retention in employment, job placement, and entered
employment rate must be included among the performance outcome measures.
(c) The third tier of measures must be the operational output measures to be used by
the agency implementing programs, and it may be specific to federal requirements. The
tier-three measures must be developed by the agencies implementing programs, and
Workforce Florida, Inc., may be consulted in this effort. Such measures must be
reported to Workforce Florida, Inc., by the appropriate implementing agency.
(d) Regional differences must be reflected in the establishment of performance goals
and may include job availability, unemployment rates, average worker wage, and
available employable population.
(e) Job placement must be reported pursuant to s. 1008.39. Positive outcomes for
providers of education and training must be consistent with ss. 1008.42 and 1008.43.
(f) The uniform measures of success that are adopted by Workforce Florida, Inc., or the
regional workforce boards must be developed in a manner that provides for an equitable
comparison of the relative success or failure of any service provider in terms of positive
outcomes.
(g) By December 1 of each year, Workforce Florida, Inc., shall provide the Legislature
with a report detailing the performance of Florida's workforce development system, as
reflected in the three-tier measurement system. Additionally, this report must
benchmark Florida outcomes, at all tiers, against other states that collect data similarly.
(10) The workforce development strategy for the state shall be designed by Workforce
Florida, Inc., and shall be centered around the strategies of First Jobs/First Wages,
Better Jobs/Better Wages, and High Skills/High Wages.
(a) First Jobs/First Wages is the state's strategy to promote successful entry into the
workforce through education and workplace experience that lead to self-sufficiency and
career advancement. The components of the strategy include efforts that enlist
business, education, and community support for students to achieve long-term career
goals, ensuring that young people have the academic and occupational skills required
to succeed in the workplace. A minimum of 15 percent of all Workforce Investment Act
youth services funds shall be expended for after-school care programs, through
contracts with qualified community-based organizations and faith-based organizations,
on an equal basis with other private organizations, to provide after-school care
programs to eligible children 14 through 18 years of age. These programs shall include
academic tutoring, mentoring, and other appropriate services. Similar services may be
provided for eligible children 6 through 13 years of age using Temporary Assistance for
Needy Families funds. Funds expended under this paragraph may not be used for
religious or sectarian purposes. To provide after-school care programs under this
paragraph, a community-based organization or a faith-based organization must be a
- 44 -
?
nonprofit organization that holds a current exemption from federal taxation under s.
501(c)(3) or (4) of the Internal Revenue Code or must be a religious organization that is
not required to apply for recognition of its exemption from federal taxation under s.
501(c)(3) of the Internal Revenue Code.
(b) Better Jobs/Better Wages is the state's strategy for assisting employers in
upgrading or updating the skills of their employees and for assisting incumbent workers
in improving their performance in their current jobs or acquiring the education or training
needed to secure a better job with better wages.
(c) High Skills/High Wages is the state's strategy for aligning education and training
programs with high-paying, high-demand occupations that advance individuals' careers,
build a more skilled workforce, and enhance Florida's efforts to attract and expand job-
creating businesses.
(11) The workforce development system shall use a charter-process approach aimed at
encouraging local design and control of service delivery and targeted activities.
Workforce Florida, Inc., shall be responsible for granting charters to regional workforce
boards that have a membership consistent with the requirements of federal and state
law and that have developed a plan consistent with the state's workforce development
strategy. The plan must specify methods for allocating the resources and programs in a
manner that eliminates unwarranted duplication, minimizes administrative costs, meets
the existing job market demands and the job market demands resulting from successful
economic development activities, ensures access to quality workforce development
services for all Floridians, allows for pro rata or partial distribution of benefits and
services, prohibits the creation of a waiting list or other indication of an unserved
population, serves as many individuals as possible within available resources, and
maximizes successful outcomes. As part of the charter process, Workforce Florida, Inc.,
shall establish incentives for effective coordination of federal and state programs,
outline rewards for successful job placements, and institute collaborative approaches
among local service providers. Local decisionmaking and control shall be important
components for inclusion in this charter application.
History.
--s. 1, ch. 94-232; s. 875, ch. 95-148; s. 112, ch. 96-320; s. 6, ch. 96-404; s. 42,
ch. 97-278; s. 52, ch. 99-8; s. 75, ch. 99-13; s. 53, ch. 99-251; s. 4, ch. 2000-165; s. 3,
ch. 2001-66; s. 4, ch. 2001-175; s. 1003, ch. 2002-387; s. 42, ch. 2004-357.
Note.
--Former s. 288.0475; s. 288.9620; s. 288.9952.
- 45 -