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
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    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
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    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
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    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
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    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.
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    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;
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    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
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    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.
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    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;
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    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;
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    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
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    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
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    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
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    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
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    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;
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    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;
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    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.
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    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
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    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
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    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
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    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
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    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 -
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    (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 -
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    (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 -
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    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
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    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:
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    ?

    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).
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    (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 -
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    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 -
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    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.
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    (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,
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    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.
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    (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.:
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    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.
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    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.
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    (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
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    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
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    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.
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