Statement of Agreement Between the Florida Department of Education
and
Florida Head Start Programs
Miccosukee Tribe of Indians of Florida Head Start
Seminole Tribe of Florida Head Start
and
East Coast Migrant Head Start Project

The Florida Department of Education and Florida Head Start programs, including Miccosukee Tribe of Indians of Florida Head Start, Seminole Tribe of Florida Head Start and East Coast Migrant Head Start, are mutually committed to the development of programs designed to provide special education and related services to pre-kindergarten children with disabilities and their families.

The purpose of this Agreement is to build upon successful linkages between the Florida Department of Education, Division of Public Schools, and all Florida Head Start programs; including the Miccosukee Tribe of Indians of Florida Head Start program, the Seminole Tribe of Florida Head Start program, and East Coast Migrant Head Start. This Cooperative Agreement promotes the development of collaborative comprehensive systems of service delivery to meet the special education, related services and family needs of pre-kindergarten children with disabilities and their families. This Agreement is intended to foster and facilitate coordinated efforts between the Department of Education, the local educational agency (LEA) and all Head Start programs in Florida. The goal is to serve said pre-kindergarten children with disabilities and their families in developmentally appropriate and inclusive programs while simultaneously increasing cost effectiveness, reducing duplication of services and maximizing the joint utilization of existing resources to ensure the continuity and expansion of services.

ENABLING LAWS INCLUDE:

1. Individuals with Disabilities Education Act (IDEA) Public Law 102-119

2. Head Start Services for Children with Disabilities, Final Rule (45 CFR Part 1308)

3. Indian Tribal Employment and Preference Laws, P.L. 93 -638 as amended by P.L. 103 - 413, Title 1; 42 U.S.C. s 2000e-2(i); and 25 U.S.C. 450e(b),etc.

Cooperative Agreement

DEFINITIONS

Administration for Children, Youth and Families (ACYF)
The federal office in the United States Department of Health and Human Services which funds and regulates Head Start programs.

Indian Head Start Programs
Head Start programs operated by the Miccosukee Tribe of Indians of Florida, and the Seminole Tribe of Florida on Tribal reservations.

Florida Initiative for Reform and Accountability
A system of school improvement and accountability established by the Florida legislature that requires high standards for public schools and students.

East Coast Migrant Association
An association of programs on the east coast that serve migrant children and their families.

Florida Head Start Directors Association
A state wide organization designed to share information, identify state needs and provide support to Head Start programs.

Head Start Program Performance Standards
Federal guidelines regulating the development and implementation of local Head Start programs

Interagency Agreement
A written document of mutually held beliefs among agencies that serve the same population which defines roles and responsibilities for service delivery and collaboration.

Interagency Coordinating Council(s) (ICC)
A group of representatives from various agencies providing coordinated services to young children and their families in a defined geographic area.

Local Educational Agency (LEA)
School district responsible for the provision of special education and related services.

Migrant Head Start Programs
Head Start programs operated by the East Coast Migrant Head Start Project or Redlands Christian Migrant Association

Part H, Infant and Toddlers Program
An entitlement program for children birth to three years of age with developmental delays and established conditions. Children's Medical Services (CMS) in the Department of Health is the lead agency for Part H.

Resources Access Project (RAP)
Head Start regional training and technical assistance centers established to assist Head Start grantees in the provision of services to children with disabilities and their families.

State Board of Education Rules (SBE)
State standards consistent with federal laws and regulations for the provision of a free, appropriate public education to children with disabilities.

State Education Agency (SEA)
State agency required to facilitate and coordinate educational services to all students in Florida.

INTER/INTRA AGENCY LINKAGES

Linkages with other agencies and organizations are critical when providing an appropriate special educational program to pre-kindergarten children with disabilities and their families. This Cooperative Agreement is intended to supplement existing working agreements that may exist within or between the agencies involved in this Cooperative Agreement.

ROLES AND RESPONSIBILITIES

The Florida Department of Education and Head Start programs in Florida, including Head Start programs operated by the Miccosukee Tribe of Indians of Florida, the Seminole Tribe of Florida and East Coast Migrant Head Start, agree that the stated purpose can best be achieved through coordinated planning and resource sharing. Following applicable state and federal laws and regulations, and recognizing that stated purposes cannot be achieved without interagency collaboration at the State of Florida, and local government level, each party to this Cooperative Agreement shall encourage the development of relationships and agreements that promote comprehensive collaborative services for said pre-kindergarten children with disabilities and their families.

The Department of Education agrees to:

1. Ensure Head Start participation on State of Florida level interagency advisory committees and councils which have an impact on educational services for pre-kindergarten children with disabilities,

2. Ensure parental involvement in the development and implementation of individualized educational plans (IEP) and family support plans,

3. Provide resources to parents related to the implementation of the Individuals with Disabilities Education Act (IDEA) as it relates to pre-kindergarten children with disabilities,

4. Provide training and technical assistance for the development and implementation of educational programs and related services for said pre-kindergarten children with disabilities,

5. Support the development and continuation of local interagency councils and local agreements,

6. Utilize the temporary assignment rule and accept, review and revise individual educational plans to assure continuity of services to migrant children, and

7. Assist in the development of family centered procedures to assure the smooth transition of children from Head Start programs to public school programs, with particular attention to children from out of state with existing IEPs or family support plans.

Florida Head Start programs, including Miccosukee Tribe of Indians of Florida Head Start, Seminole Tribe of Florida Head Start and East Coast Migrant Head Start programs, agree to:

1. Participate on State of Florida interagency advisory committees and councils which have an impact on educational services for pre-kindergarten children with disabilities,

2. Assist local educational agencies in identifying effective strategies to ensure parental involvement in the development and implementation of individualized educational plans and family support plans,

3. Disseminate information and resources to parents related to the implementation of the Individuals with Disabilities Education Act as it relates to their pre-kindergarten children with disabilities,

4. Assist in the provision of training and technical assistance for the development and implementation of educational programs and related services for pre-kindergarten children with disabilities,

5. Support and participate in the development and continuation of local interagency councils and local agreements,

6. Assist programs in reporting the number of children receiving services under an individual educational plan to the local education agency for the December 1 child count and other data as requested by the Department of Education, and

7. Assist in the development and implementation of family centered transitions from Part H services to Head Start and from Head Start programs to public school programs.

The Department of Education and all Florida Head Start Programs mutually agree to:

1. Utilize a common set of eligibility criteria, as specified in State of Florida Board of Education Rules, for pre-kindergarten children with disabilities eligible for services from public school programs or any Florida Head Start program,

2. Notify parents(s) and/or guardian and obtain consent prior to identifying pre-kindergarten children with disabilities in accordance with State of Florida and federal regulations,

3. Base eligibility determination on assessments, family information and recommendations of multidisciplinary teams in accordance with State of Florida and federal regulations.

4. Encourage collaborative efforts and written cooperative agreements at the local level that address local needs in the following areas:

• Child Find
• Children's Registry and Information System (CHRIS)
• screening
• referral procedures
• diagnostic evaluations
• individual educational plans, family support plans
• placement decisions transition resource sharing data collection/reporting staff/ parent training transportation contracting requirements participation in Child Count

5. Support and respect existing or subsequent policies and procedures, of each of the Florida Head Start programs, including the Miccosukee Tribe of Indians of Florida Head Start, the Seminole Tribe of Florida Head Start, and East Coast Migrant Head Start programs, which policies and procedures, may include, but are not limited to: a) education issues, b) family services issues, and c) health issues, as are applicable to pre-kindergarten children with disabilities and their families,

6. Provide special education and related services in the least restrictive environment as required by the child's needs,

8. Review, at the end of each school year, the status of the progress of the comprehensive collaborative programs implemented under this Cooperative Agreement.

ADMINISTRATION OF THE COOPERATIVE AGREEMENT

Timelines

This Cooperative Agreement becomes effective with the signatures of the Florida Commissioner of Education, the President of the Florida Head Start Association, the Chairman of the Miccosukee Tribe of Indians of Florida, the Chairman of the Tribal Council of the Seminole Tribe of Florida and the Executive Director of the East Coast Migrant Head Start Project, and shall continue year to year unless one party notifies the others, in writing, that the Cooperative Agreement will be terminated. A sixty (60) day notice shall be given prior to termination. Any proposed amendment or modification to the Cooperative Agreement shall be submitted to the other parties at least thirty (30) days prior to formal discussion or negotiation of said amendment or modification. Each authorized agency representative must concur on any amendment or modification.

Confidentiality

Each agency will protect the rights of pre-kindergarten children with disabilities with respect to records and reports as created, maintained and used by public institutions within the state. It is the intent of this Agreement to ensure that parents have the rights of access, rights of challenge, and rights of privacy with respect to such records and reports, and that applicable state and federal laws for exercise of these rights be strictly adhered to.

Agency Representatives

Within the Department of Education, it will be the responsibility of the Administrator of the Office of Early Intervention and School Readiness to ensure that this Cooperative Agreement is implemented. Within Florida Head Start programs, it will be the responsibility of the President of the Florida Head Start Association, the Executive Director of the East Coast Migrant Head Start Project, Chairman of the Miccosukee Tribe of Indians of Florida, and the Chairman of the Tribal Council of the Seminole Tribe of Florida to ensure that this Cooperative Agreement is implemented.

ALLOCATION AND MANAGEMENT OF RESOURCES

Resources from the Florida Department of Education, Division of Public Schools, Florida Head Start Association, the Miccosukee Tribe of Indians of Florida, the Seminole Tribe of Florida and East Coast Migrant Head Start will be allocated based on the previously identified roles and responsibilities of each agency.

INTERAGENCY DISPUTES

The parties to this Agreement are committed to cooperatively plan and work together to meet the needs of pre-kindergarten children with disabilities and their families. In instances of interagency conflict, every effort will be made to resolve differences at the lowest level possible. Disputes shall be resolved through mediation or in accordance with the following conflict resolution procedures:

1. Staff from the grieving agency shall provide written communication which identifies the conflict, proposed action, and a summary of factual, legal and policy grounds,

2. A written response, which includes proposed solutions to the conflict, shall be provided by staff from the receiving agency within forty five (45) days of notice of the conflict,

3. Upon resolution of the conflict, a joint communiqué so indicating, will be developed and disseminated by a representative from each agency,

4. Should further action be required, a report from both agencies will be submitted to the agency heads for resolution,

5. Upon resolution of the conflict, a joint communiqué, so indicating will be developed and disseminated by each agency head,

6. Until final resolution of an interagency conflict, each of the parties to this Cooperative Agreement shall respect the policies and procedures of each other, and shall observe the policies and procedures of the recipient party whenever interruption of services to pre-kindergarten children with disabilities and their families would otherwise result as is relevant to, but not necessarily limited to: a) education issues, b) family services issues, and c) health issues.

FORMAL ADMINISTRATIVE PROCEDURES

A formal administrative hearing, consistent with the procedures described in amended Section 120.57(1), Florida Statutes, The Administrative Procedures Act, may be requested.

TRIBAL SOVEREIGNTY

The parties recognize that the Miccosukee Tribe of Indians of Florida, and the Seminole Tribe of Florida are federally recognized sovereign Indian tribes dedicated to promoting the general welfare of their respective Tribal members. As sovereign Indian Tribes, the Miccosukee Tribe of Indians of Florida, and the Seminole Tribe of Florida, and all of their subordinate governmental and economic units and agencies, are entitled to sovereign rights, privileges, and immunities. Nothing in the Cooperative Agreement shall be construed to limit or diminish that sovereignty, or to abridge or waive such sovereign rights, privileges, and immunities.

Cooperative Agreement

[SIGNATURES AND DATES]