INTERAGENCY AGREEMENT

Tms INTERAGENCY AGREEMENT ("Agreement") is made and entered into as of thedate on which it becomes fully executed, by and between

THE SCHOOL BOARD OF COLUMBIA COUNTY, FLORIDAhereinafter referred to as School Board, a body corporate and political subdivision of the State of Florida,whose principal place of business is 372 West Duval Street, Lake City, Florida 32055.

and

THE FLORIDA DEPARTMENT OF CmLDREN AND FAMILIES, DISTRICT 3hereinafter referred to as DCF, whose principal place of business is 1621 NE Waldo Road, Gainesville,Florida, 32609.

PARTNERSHIP FOR STRONG FAMILIES, INC.hereinafter referred to as PSF, whose principal place of business is 515 N Main Street, Gainesville,Florida, 32601.

FLORIDA CROWN WORKFORCE BOARDhereafter referred to as FCWB, whose principal place of business is 1389 US Highway 90 West, Suite170B, Lake City, Florida 32055.

collectively hereinafter referred to as the "Parties".

WHEREAS, School Board must fulfill its constitutional obligation to educate children ofcompulsory school age and fulfill its obligations for education and related services to children withdisabilities that interfere with learning or inhibit their access to the education environment;

WHEREAS, DCF is the local agency to provide, either directly or through contracted providers,the full range of child welfare services under Florida Statutes and Administrative Rules; and

WHEREAS, PSF is a private, not for profit agency and an independent contractor pursuant to F.S.409.1671 providing case management and related services on behalf of DCF for children in foster care inDistrict 3; and

WHEREAS, FCWB is the Columbia County agency responsible for job training and employmentservices and functions as the grant recipient of federal workforce funds; and

WHEREAS, the Parties acknowledge that educational stabilization, career exploration anddevelopment and educational progress are important to children in foster care in District 3; and

WHEREAS, F. S. 39.0016 (1) (a), defines children known to the department as children who arefound to be dependent or children in shelter; and

WHEREAS, F. S. 39.0016 (4), requires DCF to enter into agreements with local school boardsregarding children known to the department who are of school age and children known to the departmentwho are younger than school age but who would otherwise qualify for services from a school board; and

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WHEREAS, children known to the department may have, or be "at risk" of developing, academicand/or behavioral problems due to the disruption in their lives and may therefore require servicesincluding, but not limited to, those defined by F.S. 39.0016 (4) and (5); and

WHEREAS, the provisions ofF.S. 39.0016 (2), establish goals and not rights and do not requirethe delivery of any particular service or level of service in excess of existing appropriations and do notsupport a course of action against the state or any of its subdivisions, agencies, contractors, subcontractorsor agents. These provisions do not require the expenditure of funds to meet the established goals of thisagreement or ofF.S. 39.0016 (2) except funds specifically appropriated for such purpose; and

WHEREAS, the purposes of this Agreement are to promote collaboration among the Partiesdesigned to 1) provide educational access and facilitate the delivery of services or programs to childrenknown to the department; 2) avoid duplication of services or programs; and 3) combine resources tomaximize availability or delivery of services or programs.

NOW, THEREFORE, in consideration of the mutual covenants embodied herein the Parties tothis Agreement mutually agree as follows:

ARTICLE 1- RECITALS

1.01 Recitals. The Parties agree that the foregoing recitals are true and correct and that eachrecital is incorporated herein by reference.

ARTICLE 2 -SPECIAL CONDITIONS

2.01 Term. This Agreement will be in effect from the first date of its execution by all Parties, andshall continue for three years with an annual review in the interim, unless terminated earlier in accordancewith paragraph 3.04 of this agreement.

2.02 Dissemination of Agreement. Each of the Parties agrees to disseminate this Agreement toits appropriate personnel and to provide technical assistance in the implementation of the Agreement.

2.03 Agency Collaboration. In order to support continued collaboration, the Parties'representatives agree to meet, as required, in order to:

a) review each agency's rules, regulations, policies and practices as they impact the education ofchildren known to the department; and

b) make recommendations to the Superintendent of Schools, the District Administrator of DCF, theCEO ofPSF, and the Executive Director ofFCWB regarding procedures, processes, guidelines and policiesas they impact the education of children known to the department; and

c) define and establish communication protocols, identify responsible staff, and facilitate promptand substantive information sharing and communication between the Parties to facilitate the education ofchildren known to the department.

2.04 Liaisons. The Parties agree to provide a Liaison responsible for implementation of therequirements in this agreement. The Liaisons will work to achieve appropriate educational, job training,and employment services for children known to the department.

2.05 Training and Staff Development. DCF, PSF, and the School Board agree to promote theprovision of training and staff development to increase standardization of the processes through the

following initiatives:

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a) coordinating the provision of staff development training open to PSF caseworkers, schoolpersonnel, Guardians Ad Litem, Child Welfare Legal Services attorneys, and other appropriate personsregarding the services and information available to facilitate educational access for children known to thedepartment. Each of the Parties agrees to use reasonable efforts to notify the others of training sessions tobe held for its employees in order to avoid duplication of training services; and

b) collaboration on training for surrogate parents to include how an ability to learn for a childknown to the department is affected by abuse, abandonment, neglect, and removal from the home; and

c) collaboration on training for parents in cases in which reunification is the goal, or forpreadoptive parents when adoption is the goal, so that such parents learn how to access education servicesfor a child known to the department and the importance of their involvement in the education of the childknown to the department; and

d) collaboration on training for caseworkers and foster parents, to include information such as theright of a child known to the department to an education; the role of an education in the development andadjustment of a child known to the department; the proper ways to access education and education servicesfor a child known to the department; and the importance of, and strategies for, parental involvement ineducation for the success of a child known to the department; and

e) collaboration on training of caseworkers regarding the services and information availablethrough the Department of Education and the Columbia County School District, including, but not limitedto, the current Sunshine State Standards, the Surrogate Parent Training Manual, and other accessibleresources to facilitate educational access for a child known to the department.

2.06 Student Records. Each of the Parties agrees to protect the rights of students and clients withrespect to records created, maintained, and used by public institutions within the state in accordance withstate and federal law. It is intended that parents/guardians, students and clients have the rights of access,challenge, and privacy with respect to educational records and reports, and that there will be strictadherence to all applicable laws and regulations pertaining to those rights. Pursuant to Title XX USCsection 1232g, an educational agency or institution has up to 45 days in which to comply with parentalrequests. State law mandates compliance within 30 days.

Chapter 39, Florida Statutes, provides parameters regarding infonnation disclosure to the parents ofa child that is in out-of-home licensed care. Said law pennits disclosure of certain reports to parents;however if by court order the parent is not pennitted visitation or has had their parental rights tenninated,the law allows for the redaction of any infonnation that discloses the location of the child, inclusive ofschool(s) attended, to further promote the youth's safety and well being. Accordingly, for children in fostercare or children removed from the caretaker's home and placed in a shelter, federal and state laws shall becomplied with and without the disclosure of any child's location when said disclosure places the child in

danger.

2.07 Sharing of Information. Each of the Parties agrees:a) to share, to the fullest extent permissible and in compliance with applicable federal law, Florida

Statutes and Administrative Rules, relevant information pertinent to the educational growth of childrenknown to the department; and

b) that the sharing of student records, including psychological evaluations in compliance withapplicable law, does not abrogate the confidentiality of the records as to other non-designated parties; and

c) to collaboratively continue to improve the technical interface between the Parties to provide forthe efficient sharing of information; and

d) to take all steps necessary to gain consent required to enable the school district and FCWB to

provide to DCF and PSF educational or job training records, psychological/psychiatric, comprehensivebehavioral assessments and other pertinent information for children known to the department; and

e) for child safety purposes, DCF or PSF, as appropriate, shall provide to School Board the name

and phone number of the caregiver and caseworker for children known to the department enrolled inColumbia County Schools; and

f) School Board shall provide access to the Free and Reduced Lunch Program upon notificationof a child's change of status to "a child known to the department"; and

g) upon request, School Board shall make available to DCF and/or PSF information on schoolattendance and, either in writing or electronically, a transcript of the annual academic record for a childknown to the department; and

h} DCF or PSF, as appropriate, shall provide School Board with a copy of any court order thatprohibits the natural parent or any other person from contact with the student, and any other court orderwhich may be relevant to the child's education; and

i) as appropriate, PSF shall provide to the School Board Student Services Department, or otherSchool Bo~d design~e, curre~t psycholo~ical/psy~hiatric evaluations that. were purchased by ~SF or itscontracted agents whIch contaIn relevant InformatIon related to the educatIonal needs of the chIld. TheSchool Board shall ensure that the information is considerqd in determining the educational servicesrecommended by the School Board to meet the needs of the child. A court order for the exchange ofpsychological/psychiatric evaluations may substitute for a release, if it is determined by the court to be inthe best interest of the child; and

j) School Board will be notified of case planning for a student known to the department andSchool Board may provide information regarding the student if it deems it desirable and appropriate.

2.08 Educational Stabilization. School age children known to the department shall be enrolledin school. If possible, and consistent with the child's safety, children known to the department shall becontinued in the same school with the goal of avoiding disruption of education. In order to facilitateschool attendance:

a) the Parties will explore, develop and support program initiatives to facilitate the effective andefficient delivery of education and education services to eligible students who are children known to thedepartment; and

b) School Board, in accordance with normal school district policies and procedures, will makeevery effort to transport students who are children known to the department when the children are placedwithin the school district boundaries. Transportation requests for children placed outside the school districtboundaries will be determined by School Board on a case-by-case basis. Unless the School Board agrees toprovide transportation, PSF retains responsibility to arrange transportation when students who are childrenknown to the department are placed outside the school district boundaries. Notice of School Boardapproval or denial of transportation will be reported to PSF and the child's caregiver; and

c) PSF retains the responsibility to arrange temporary transportation for students to and fromschool during the time that approved School Board transportation is being coordinated by the School Board

Transportation Department.

2.09 Educational Intervention. School Board shall:a) identify all educational and other services provided by the school district which School Board

believes are reasonably necessary to meet the educational needs of a child known to the department; andb) 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 education plan must include strategies to enable the child known to thedepartment to maximize the attainment of education goals.

2.10 Employment, Training, and Support Service. The Parties agree that Regional WorkforceBoards are important 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.FCWB shall facilitate the provision of such services by:

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a) infonning the Parties of local referral processes for employment and training services; andb) infonning the Parties about the available service I array and career awareness opportunities.

2.11 Opening and Closing of Licensed Residential Programs. DCF shall provide written noticeto the School Board when it plans to open or close a group residential program in order to allow lead timefor program and resource planning. i

2.12 Parental Rights/Exceptional Student Education (ESE). DCF, PSF, and School Boardagree to coordinate services for a child known to the dypartrnent who has or is suspected of having adisability to ensure that the child receives an appropriat~ education consistent with the Individuals withDisabilities Education Act (mEA). Coordination may inc~de:

a) referral for screening; andb) sharing of evaluations between the school distric~, DCF, and PSF, when appropriate; andc) provision of special education and related servJces appropriate for the needs and abilities of a

child known to the department; andd) coordination of services and plans between the school and residential setting to avoid duplication

or conflicting service plans; ande) appointment of a surrogate parent 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 shallbe appointed by the school district with consideration given to individuals who know the child, andrecommendations made by DCF, PSF, and the courts.

2.13 Psycho-educational and Psychological Assessments. DCF and PSF, to the extent feasible,shall require contracted agencies and individuals performing psycho-educational assessments of childrenknown to the department to use evaluation instruments and procedures that are consistent with FloridaDepartment of Education and School Board requirements.

2.14 Independent Living Skills. The Parties agree to promote transition planning for each childknown to the department who is 14 years of age and older who has or is suspected of having a disability toinclude independent living transition planning. The planning is intended to enhance the requirements of theschool district for educational purposes. Where applicable, collaborative programming on independentliving skills and post high school opportunities shall also be undertaken for children known to thedepartment and not having a known or suspected disability.

2.15 Early Intervention. School Board shall develop and implement protocols for identifyingpreschool age children who may qualify for early intervent~on services.

2.16 Background Check. The Parties agree ~ ' that all employees, appointees or agents who

come into contact with student records shall first submi to and clear a background check in a manner

prescribed by section 435.04, F.S.

2.17 Agency Designees. The Parties agree that:a) School Board's designee for the purpose of executing and administering this Agreement shall

be the Superintendent of Schools, who may assign a designated administrator for the purpose ofmonitoring this agreement; and

b) DCF's designee for the purpose of executing and administering this Agreement shall be theDistrict 3 Administrator, who may assign a designated administrator for the purpose of monitoring this

agreement; and

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c) PSF's designee for the purpose of executing and administering this Agreement shall be theCEO, who may assign a Designated Administrator for the purpose of monitoring this agreement; and

d) FCWB' s designee for the purpose of executing and administering this Agreement shall be theExecutive Director, who may assign a designated administrator for the purpose of monitoring this

agreement.

2.19 Interagency Dispute. Each of the Parties agrees to comply with the following steps in thecase of an interagency dispute concerning the execution and administration of this Agreement:

a) Step I is resolution of the dispute among staff at the local agency level; if unsuccessful, then,b) Step 2 is resolution of the dispute between the district agency heads; i.e., the Superintendent of

Schools; the District 3 Administrator, DCF; the CEO of PSF; and the Executive Director of FCWB, ortheir respective designees.

2.20 Evaluation. Each of the Parties agrees to participate, as appropriate, in evaluationsconducted by the Parties, both locally and at the state level, to determine the effectiveness of thisAgreement and to make recommendations for future enhancements that will benefit the education ofchildren known to the department.

ARTICLE 3 -GENERAL CONDITIONS

3.01 No Waiver of Sovereign Immunity. Nothing contained in this Agreement is intended toserve 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 intentto 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 benefit a third party by this Agreement. The Partiesagree that there are no third party beneficiaries to this Agreement and that no third party shall be entitled toassert a claim against any of the Parties based upon this Agreement. Nothing herein shall be construed asconsent by an agency or political subdivision of the State of Florida to be sued by third parties in anymanner arising out of any contract.

3.03 Non-Discrimination. None of the Parties shall discriminate against any employee orparticipant in the performance of the duties, responsibilities and obligations under this Agreement becauseof race, age, religion, color, gender, national origin, marital status, disability or sexual orientation.

3.04 Termination. This Agreement may be canceled by any of the Parties without cause duringthe tenn hereof upon thirty (30) days written notice to the other Parties of its desire to tenninate thisAgreement.

3.05 Records. Each of the Parties shall maintain its own respective records and documentsassociated with this Agreement in accordance with the records retention requirements applicable to publicrecords. Each of the Parties shall be responsible for compliance with any public documents request servedupon it pursuant to Section 119.07, Florida Statutes, and any resultant award of attorney's fees for non-compliance with that law. Each of the Parties shall comply with confidentiality requirements pursuant tofederal and state law including but not limited to Chapter 39, F .S. regarding child abuse records andapplicable sections of the Health Insurance Portability and Accountability Act (HIPAA).

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3.06 Entire Agreement. This document incorporates and includes all prior negotiations,correspondence, conversations, agreements and understandings applicable to the matters contained hereinand the Parties agree that there are no commitments, agreements or understandings concerning the subjectmatter of this Agreement that are not contained in this document. Accordingly, the Parties agree that nodeviation from the terms hereof shall be predicated upon any prior representations or agreements, whetheroral or written.

3.07 Amendments. No modification, amendment, or alteration in the terms or conditionscontained herein shall be effective unless contained in a written document prepared with the same orsimilar formality as this Agreement and executed by each of the Parties hereto.

3.08 Preparation of Agreement. The Parties acknowledge that they have sought and obtainedwhatever competent advice and counsel as was necessary for them to form a full and completeunderstanding of all rights and obligations herein and that the preparation of this Agreement has been theirjoint effort. The language agreed to herein expresses their mutual intent and the resulting document shallnot, solely as a matter of judicial construction, be construed more severely against one of the Parties thanthe other.

3.09 Waiver. The Parties agree that each requirement, duty and obligation set forth herein issubstantial and important to the formation of this Agreement and, therefore, is a material term hereof. Anyfailure by any of the Parties to enforce any provision of this Agreement shall not be deemed a waiver ofsuch provision or modification of this Agreement. A waiver of any breach of a provision of thisAgreement shall not be deemed a waiver of any subsequent breach and shall not be construed to be amodification of the terms of this Agreement.

3.10 Compliance with Laws. Each of the Parties shall comply with all applicable federal andstate laws, codes, rules and regulations in performing its duties, responsibilities and obligations pursuant tothis Agreement.

3.11 Governing Laws. This Agreement shall be interpreted and construed in accordance with andgoverned by the laws of the State of Florida and federal law. Any controversies or legal problems arisingout of this Agreement and any action involving the enforcement or interpretation of any rights hereundershall be submitted to the jurisdiction of the state court of the Third Judicial Circuit of Columbia County,Florida.

3.12 Binding Effect. This Agreement shall be binding upon and inure to the benefit of the each ofthe Parties hereto and their respective successors and assigns.

3.13 Assignment. Except for PSF having the authority to assign appropriate duties to their sub-contractor personnel, neither this Agreement nor any interest herein may be assigned, transferred orencumbered by any of the Parties without the prior written consent of the each of the other Parties.

3.14 Force Majeure. None of the Parties shall be obligated to perfonn any duty, requirement orobligation under this Agreement if such perfonnance is prevented by fire, hurricane, earthquake,explosion, wars, sabotage, accident, flood, acts of God, strikes, or other labor disputes, riot or civilcommotions, or by reason of any other matter or condition beyond the control of the perfonner, and whichcannot be overcome by reasonable diligence and without unusual expense.

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3.15 Place of Performance. All obligations of School Board under the tenns of this Agreementthat are reasonably capable of being perfonned in Columbia County, Florida shall be perfonned inColumbia County, Florida.

3.16 Severability. In case anyone or more of the provisions contained in this Agreement shall forany reason be held to be invalid, illegal, unlawful, unenforceable or void in any respect, the invalidity,illegality, unenforceability, unlawful or void nature of that provision shall not effect any other provisionand this Agreement shall be considered as if such invalid, illegal, unlawful, unenforceable or void provisionhad never been included herein.

3.17 Notice. When any of the Parties desires to give notice to any or all of the others, such noticemust be in writing, sent by U.S. Mail, postage prepaid, addressed to the person(s) at the place(s) specifiedimmediately below. The address for giving notice shall remain such until it is changed by written notice incompliance with the provisions of this paragraph. For the present, each of the Parties designates thefollowing as the respective person and place for receipt of notice:

To School Board: Grady D. Markham, Superintendent of SchoolsThe School Board of Columbia County, Florida372 W. Duval StreetLake City, Florida 32055

To DCF: Ester S. Tibbs, District 3 AdministratorDepartment of Children and FamiliesP.O. Box 390Gainesville, Florida 32602

To PSF: Steven Murphy, CEOPartnership for Strong Families515 N. Main StreetGainesville, Florida 32601

Robert L. Jones, Director of FinanceFlorida Crown Workforce Board, Inc.1389 W. US Highway 90, Suite 170Lake City, Florida 32055

To FCWB

3.18 Captions. The captions, section numbers, article numbers, title and headings in thisAgreement are inserted only as a matter of convenience and in no way define, limit, construe or describethe scope or intent of such articles or sections of this Agreement, nor in any way affect this Agreement andshall not be construed to create a conflict with the provisions of this Agreement.

3.19 Authority. Each person signing this Agreement on behalf of any of the Parties individuallywarrants that he or she has full legal power to execute this Agreement on behalf of the party for whom heor she is signing, and to bind and obligate such party with respect to all provisions contained in this

Agreement.

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IN WITNESS WHEREOF, the Parties hereto have hereunto set their hands and seals.

FOR: THE SCHOOL BOARD OF Columbia COUNTY, FLORIDA

Date:.li~. ~~~-Superintendent of Schools

DEPARTMENT OF CHILDREN AND FAMILIES, DISTRICT 3

Date: 1. /~.IJJ~ T~A~ -" k.,/h/

Ester S. TI bsDistrict 3 Administrator

Approved as to fonn and legal sufficiencysubject to execution by the Parties:

~:~!dl~~~Z~jJ -~Lucy Goddard- TeelDistrict 3, Chief Legal Counsel

FOR: PARTNERSHIP FOR STRONG FAMILIES, INC.

Date: --7Lu~BYSteven J. MurphyPresident and CEO

FOR: FLORIDA CROWN WORKFORCE BOARD, INC.

Date:

BY:

~ :~~ohn ChastainExecutive Director

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