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The Florida Statutes

The 1998 Florida Statutes

Title XXX
SOCIAL WELFARE
Chapter 411
Handicap Or High-risk Condition Prevention And Early Childhood Assistance
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411.222  Intraagency and interagency coordination; creation of offices; responsibilities; memorandum of agreement; creation of coordinating council; responsibilities.--

(1)  DEPARTMENT OF EDUCATION.--There is created within the Department of Education an Office of Prevention, Early Assistance, and Child Development for the purpose of intraagency and interagency planning, policy, and program development and coordination to enhance existing programs and services and to develop new programs and services for high-risk children and their families. The Department of Education, as the designated lead agency for administration of part H of Pub. L. No. 99-457, shall assign primary responsibility for implementation of part H to the Office of Prevention, Early Assistance, and Child Development.

(a)  Intraagency responsibilities.--

1.  Assure planning, policy, and program coordination in programs serving high-risk children and their families, including, but not limited to:

a.  Preschool programs for children of migrant farm workers.

b.  Preschool programs for handicapped children.

c.  Prekindergarten Early Intervention Program.

d.  Florida First Start Program.

e.  Preschool programs for educationally disadvantaged children funded through federal funds, such as Head Start and chapter I of Pub. L. No. 97-35, when applicable.

f.  Programs for teen parents and their children.

g.  Programs for preventing sexual activity and teenage pregnancy.

h.  Food services for preschool and child care programs.

i.  Transportation for programs serving preschool children.

j.  Facilities for programs serving preschool children.

k.  School volunteer programs serving preschool children.

l.  Support services, including social work and school health services for preschool children.

m.  Parent education, child care courses, and child care laboratories in high schools and vocational-technical centers.

2.  Serve as clearinghouse for the collection and dissemination of information relating to programs and services for high-risk children and their families, including model and exemplary programs that have demonstrated effectiveness and beneficial outcomes.

3.  Develop publications, including, but not limited to, directories, newsletters, public awareness documents, and other resource materials which assist agencies, programs, and families in meeting the needs of the high-risk population.

4.  Provide technical assistance at the request of agencies, programs, and services.

5.  Disseminate information regarding the availability of federal, state, and private grants which target high-risk children and their families.

6.  Perform duties relating to the joint strategic plan as specified in s. 411.221.

(b)  Interagency responsibilities.--

1.  Perform the joint functions related to the joint strategic plan as specified in s. 411.221.

2.  Prepare jointly with the 1Department of Health and Rehabilitative Services a memorandum of agreement pursuant to this section, or other cooperative agreements necessary to implement the requirements of this chapter.

3.  Develop, in collaboration with the 1Department of Health and Rehabilitative Services, and recommend to the State Board of Education, rules necessary to implement this chapter.

4.  Perform the responsibilities enumerated in subparagraphs (a)2.-5. on a statewide basis in conjunction with the Office of Prevention, Early Assistance, and Child Development within the 1Department of Health and Rehabilitative Services.

(2)  1DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES.--There is created within the 1Department of Health and Rehabilitative Services an Office of Prevention, Early Assistance, and Child Development for the purpose of intraagency and interagency planning, policy, and program development and coordination to enhance existing programs and services and to develop new programs and services for high-risk pregnant women and for high-risk preschool children and their families.

(a)  Intraagency responsibilities.--

1.  Assure planning, policy, and program coordination in programs serving high-risk pregnant women and high-risk preschool children and their families, within the following offices of the 1Department of Health and Rehabilitative Services:

a.  Alcohol, Drug Abuse, and Mental Health.

b.  2Children's Medical Services.

c.  Children, Youth, and Families.

d.  Developmental Services.

e.  Economic Services.

f.  Health.

g.  Medicaid.

2.  Assure planning, policy, and program coordination in the following interprogram areas:

a.  Transportation.

b.  Migrant and refugee services.

c.  Volunteer services.

d.  Child abuse and neglect prevention, early intervention, and treatment.

e.  Chapter I of Pub. L. No. 97-35.

3.  Ensure, within available resources, the implementation of the continuum of comprehensive services in the service districts.

4.  Serve as clearinghouse for the collection and dissemination of information relating to programs and services for high-risk pregnant women and for high-risk preschool children and their families, and programs aimed at preventing sexual activity and teenage pregnancy, including model and exemplary programs that have demonstrated effectiveness and beneficial outcomes.

5.  Develop publications, including, but not limited to, directories, newsletters, public awareness documents, and other resource materials which assist agencies, programs, and families in meeting the needs of the high-risk population.

6.  Provide technical assistance at the request of program offices, service districts, providers, advisory councils, and advocacy groups, and other agencies or entities with which the 1Department of Health and Rehabilitative Services has contracts or cooperative agreements.

7.  Disseminate information regarding the availability of federal, state, and private grants which target teenagers at risk of pregnancy, high-risk pregnant women, and high-risk preschool children and their families.

8.  Perform duties relating to the joint strategic plan as specified in s. 411.221.

(b)  Interagency responsibilities.--

1.  Perform the joint functions related to the joint strategic plan as specified in s. 411.221.

2.  Prepare jointly with the Department of Education a memorandum of agreement pursuant to this section, or other cooperative agreements necessary to implement the requirements of this chapter.

3.  Develop, in collaboration with the Department of Education, rules necessary to implement this chapter.

4.  Perform the responsibilities enumerated in subparagraphs (a)4.-7. on a statewide basis in conjunction with the Office of Prevention, Early Assistance, and Child Development within the Department of Education.

5.  Subject to appropriation, develop and implement a program of parenting workshops to assist and counsel the parents or guardians of students having disciplinary problems. These workshops should be made available to all families of students who have disciplinary problems. The department may provide these services directly or may enter into contracts with school districts for the provision of these services.

(3)  MEMORANDUM OF INTERAGENCY AGREEMENT.--

(a)  The Commissioner of Education and the Secretary of 1Health and Rehabilitative Services shall prepare a joint memorandum of interagency agreement to implement the provisions of this chapter, which shall include, but not be limited to, the following:

1.  Designation of staff responsible for interagency and intraagency planning and coordination.

2.  Description of staff roles and responsibilities regarding interagency coordination.

3.  Delineation of the relationships between the departments' respective advisory councils, commissions, committees, and task forces addressing the needs of high-risk children and their families.

4.  Procedures for conflict resolution.

5.  Procedures for reviewing, amending, and renewing the memorandum of interagency agreement.

6.  Procedures for interagency evaluation coordination.

(b)  On or before January 1, 1990, the Commissioner of Education and the Secretary of 1Health and Rehabilitative Services shall jointly submit to the Governor, the President of the Senate, and the Speaker of the House of Representatives a copy of the signed memorandum of interagency agreement.

(4)  STATE COORDINATING COUNCIL FOR EARLY CHILDHOOD SERVICES.--

(a)  Creation; intent.--The State Coordinating Council for Early Childhood Services is hereby created to ensure coordination among the various agencies and programs serving preschool children in order to support school districts' efforts to achieve the first state education goal, readiness to start school; to facilitate communication, cooperation, and maximum use of resources; and to promote high standards for all programs serving preschool children in Florida. It is the intent of the Legislature that the coordinating council shall be an independent nonpartisan body and shall not be identified or affiliated with any one agency, program, or group.

(b)  Membership.--The council shall be composed of 30 members to be appointed as follows:

1.  The Governor shall appoint five members to the council, one of whom shall represent an agency serving high-risk preschool children, one of whom shall represent the effort to prevent developmental disabilities, one of whom shall represent local social services agencies, one of whom shall represent the business community, and one of whom shall be a parent of a preschool child enrolled in a child care, preschool, or prekindergarten program.

2.  The Commissioner of Education shall appoint eight members to the council, one of whom shall represent public school administrators, one of whom shall represent persons serving preschool children in public school programs, one of whom shall represent an independent advocacy group, one of whom shall represent a professional organization serving preschool children and their families, one of whom shall be a parent of a handicapped or high-risk preschool child, one of whom shall represent groups providing training leading to a certificate, credential, or degree in early childhood education, one of whom shall have expertise in program evaluation, and one of whom shall be a teacher or counselor who specializes in the prevention of teenage sexual activity and pregnancy prevention programs.

3.  The Secretary of 1Health and Rehabilitative Services shall appoint nine members to the council, one of whom shall represent state-subsidized child care providers, one of whom shall represent child care providers who are not state-subsidized, one of whom shall represent public health services, one of whom shall represent pediatric health care, one of whom shall have expertise in developmental assessments, one of whom shall be a private provider of services for high-risk preschool children, one of whom shall be a parent of a preschool child enrolled in a child care, family day care, preschool, or prekindergarten program, one of whom shall have specific expertise in prenatal and maternal health, and one of whom shall represent a program designed to prevent teenage sexual activity and pregnancy.

4.  The President of the Senate shall appoint four members to the council, one of whom shall represent Head Start programs, one of whom shall represent programs of parent education serving families of infants and preschool children, one of whom shall represent programs for children of migrant farm workers, and one of whom shall be the parent of a high-risk or handicapped preschool child.

5.  The Speaker of the House of Representatives shall appoint four members to the council, one of whom shall represent programs for handicapped preschool children in the public schools, one of whom shall represent community action groups, one of whom shall represent business-education and business-child care partnerships, and one of whom shall be a parent of a preschool child enrolled in a child care, preschool, or prekindergarten program.

(c)  Terms.--Each appointing authority in paragraph (b) shall appoint one member for a term of 1 year, one member for a term of 2 years, and all remaining members for a term of 3 years. Thereafter, all members shall be appointed to serve a term of 3 years. No member shall serve more than two consecutive terms.

(d)  Organization.--

1.  The council shall adopt internal organizational procedures or bylaws necessary for efficient operation of the council. The council may establish committees which shall be given responsibility for conducting specific council programs and activities. Council bylaws shall include duties of officers, a process for selecting officers, duties of committees, quorum requirements for committees, provisions for special or ad hoc committees, and policies for council staff. The Commissioner of Education and the Secretary of 1Health and Rehabilitative Services shall designate staff of their Offices of Prevention, Early Intervention, and Child Development to assist the council in performing its duties and responsibilities.

2.  The council shall have a budget and shall be financed through an annual appropriation made for this purpose in the General Appropriations Act. Council members shall be entitled to receive per diem and expenses for travel, as provided in s. 112.061, while carrying out official business of the council. When appropriate, parent representatives shall receive a stipend for child care costs incurred while attending council meetings. For administrative purposes only, the council shall be assigned to the Department of Education for the fiscal years beginning in an odd year and to the 1Department of Health and Rehabilitative Services for the fiscal years beginning in an even year.

3.  The council shall meet and conduct business at least quarterly. At least biannually, the council shall meet jointly with the Florida Interagency Coordinating Council for Infants and Toddlers, required pursuant to 20 U.S.C. s. 1474, Education of the Handicapped, to coordinate the development of the statewide, comprehensive, coordinated, multidisciplinary, interagency system of early intervention services for handicapped infants and toddlers and their families. At such time as the Florida Interagency Coordinating Council for Infants and Toddlers is no longer required in order for the state to meet the provisions of 20 U.S.C. s. 1474, Education of the Handicapped, said council shall be disbanded and its duties shall be assumed by the State Coordinating Council for Early Childhood Services.

4.  Quarterly meetings of the coordinating council shall be open to the public and opportunity for public comment shall be made available at each such meeting. The staff of the coordinating council shall notify all persons who request such notice as to the date, time, and place of each quarterly meeting.

(e)  Duties.--The council shall recommend to the Governor, Commissioner of Education, Secretary of 1Health and Rehabilitative Services, President of the Senate, and Speaker of the House of Representatives methods for coordinating the various agencies, public and private programs, entities serving preschool children and their families, and organizations representing teenage pregnancy prevention programs, and procedures to facilitate communication, cooperation, and maximum use of resources to enable school districts to achieve the first state education goal, readiness to start school. The council shall be advised as to the development of the statewide, comprehensive, coordinated, multidisciplinary, interagency system of early intervention services for handicapped infants and toddlers and their families required pursuant to 20 U.S.C. s. 1474, Education of the Handicapped. Further, the council shall:

1.  Serve as interagency coordinating council for monitoring of the joint strategic plan as required by s. 411.221.

2.  Advise the Department of Education and the 1Department of Health and Rehabilitative Services concerning standards, rules, rule revisions, agency guidelines, and administration and enforcement affecting child care facilities, family day care homes, prekindergarten early intervention programs, preschool programs for handicapped and migrant children, programs for handicapped and high-risk infants and toddlers, and other programs and services for preschool children and their families.

3.  Advise the Department of Education and the 1Department of Health and Rehabilitative Services concerning criteria for grant guidelines, plan and proposal review, and eligibility for services for programs serving preschool children.

4.  Review preservice and inservice training programs and graduate programs for personnel of child care programs, prekindergarten early intervention programs, preschool programs for handicapped and migrant children, programs for handicapped and high-risk infants and toddlers, and other early childhood programs and services for preschool children and their families. Advise the departments regarding needed improvements and revisions in training requirements and the content of training programs, including programs offered by school districts, the 1Department of Health and Rehabilitative Services, community colleges, and universities.

5.  Recommend methods to increase public-private partnership involvement in services for preschool children, to maximize federal funding availability, and for effective use of available resources through cooperative funding and coordinated services.

6.  Recommend legislation, when needed, affecting child care facilities, prekindergarten early intervention programs, preschool programs for handicapped and migrant children, programs for handicapped and high-risk infants and toddlers, and other programs and services for preschool children and their families.

7.  Advise the Commissioner of Education and the Secretary of 1Health and Rehabilitative Services regarding issues and trends in early childhood services, the identification of programs providing high-quality services for preschool children, and the dissemination of information about these programs.

8.  Advise the Department of Education and the 1Department of Health and Rehabilitative Services concerning standards, rules, rule revisions, and agency guidelines affecting school curriculum, health services, family planning services, and other programs and services designed to prevent teenage pregnancy.

9.  Review preservice and inservice training programs for teachers, counselors, and other persons who teach comprehensive health education, the benefits of sexual abstinence, the consequences of teenage pregnancy, reproductive health, interpersonal skills, life management skills, science, decisionmaking, self-concept building skills, or any other course designed to prevent teenage pregnancy.

10.  Recommend methods to increase parental and community involvement in teenage pregnancy prevention and to use effectively available resources through cooperative funding and coordinated services.

11.  Recommend legislation, when needed, to reduce teenage pregnancy, including programs in the areas of health care and education and programs directed at teenage parents.

12.  Advise the respective Offices of Prevention, Early Assistance, and Child Development on the need for, and the nature of, technical assistance and on ways to enhance the offices' roles in intraagency and interagency coordination.

13.  Conduct onsite visitation and provide technical assistance to programs.

14.  Review procedures for prototype selection, monitoring, technical assistance, and evaluation and make recommendations for change.

(f)  Reporting requirements.--

1.  The council shall submit by March 1, 1991, to the Governor, the Commissioner of Education, the Secretary of 1Health and Rehabilitative Services, the President of the Senate, and the Speaker of the House of Representatives, a report including recommendations regarding methods and procedures for promoting coordination among agencies and programs serving preschool children and their families and recommendations regarding methods and procedures for promoting coordination among agencies and programs designed to reduce teenage pregnancy. Thereafter, the council shall report by March 1 of each year on the progress the state is making toward coordination and the status of services for preschool children and teenagers at risk of pregnancy in the state and shall recommend needed changes and improvements.

2.  The council shall submit copies of all reports and formal recommendations as required by this subsection to the appropriate substantive committees and appropriations subcommittees of the respective houses.

History.--ss. 2, 14, ch. 89-379; s. 9, ch. 90-358; s. 5, ch. 91-429; s. 14, ch. 94-124; s. 121, ch. 94-209; s. 7, ch. 97-98.

1Note.--The Department of Health and Rehabilitative Services was redesignated as the Department of Children and Family Services by s. 5, ch. 96-403, and the Department of Health was created by s. 8, ch. 96-403.

2Note.--Section 6(2), ch. 96-403, transfers all existing legal authorities and actions of the Children's Medical Services program, except for child protection and sexual abuse treatment teams established in chapter 415, to the Department of Health, Division of Children's Medical Services.