CN-480000-24668.pdf

DOE Agreement Number: 24-668

Memorandum of Understanding Between The State of Florida

Department of Education and

The Seminole Tribe of Florida

This Memorandum of Understanding (MOU) is made and entered into in Tallahassee, Leon County, State of Florida, between the Florida Department of Education (FDOE or Department) and the Seminole Tribe of Florida (STOF) on behalf of the Ahfachkee School. FDOE and STOF are collectively referred to as the “Parties.”

I. Purpose.

The purpose of this MOU is to:

A. Ensure that the STOF has access to the statewide assessment system of the state of Florida used for grades Pre-K through 12, as identified in sections 1003.56, 1008.22, 1008.25(8), Florida Statutes (F.S.). Current assessments available include the coordinated screening and progress monitoring system known as Florida Assessment of Student Thinking (FAST) Assessments, End-of-Course Assessments, Statewide Science Assessments, Writing Assessment, ACCESS for ELLs, the Florida Civic Literacy Exam, and Florida Standards Assessment Retakes;

B. Ensure that the assessment data for all STOF students are scored in the same manner as Florida’s public school students; and

C. Ensure that the assessment data is used to determine learning gains for STOF students.

II. Authority

The United States Department of Interior, Bureau of Indian Education (BIE) sets requirements for standards, assessments and accountability in all BIE-funded schools, which includes those operated by the STOF. On February 1, 2022, BIE granted STOF’s proposal under 20 U.S.C. § 7824(c) and 25 C.F.R. Part 30, allowing the STOF to implement the state of Florida’s standards and assessments for the 2021-22 and 2022-23 school years, including academic standards and annual assessments in reading/language arts, mathematics, science, and corresponding alternate assessments. STOF will continue to administer BIE’s English language proficiency assessment and will remain under the BIE accountability system for the 2021-22 and 2022-23 school years.

III. Objectives

The mutual objectives achieved by the collaboration between the parties are to:

A. Ensure that STOF students are assessed to determine whether they are meeting content and achievement standards in reading, writing, mathematics, social studies and science;

B. Ensure that STOF is provided the tools to calculate learning gains for accountability purposes.

Both Parties recognize that students regularly transfer between publicly funded schools and STOF schools within the state of Florida. Because of the high rate of mobility, it is in the best interest of both Parties to ensure that all students in STOF schools located within Florida have access to the statewide assessment system for grades Pre-K through 12, as identified in Section I, and that student performance on those assessments is scored using the same process and criteria currently used within the state.

IV. Department of Education Responsibilities

A. FDOE shall ensure the STOF has access to, and technical assistance for administering, any of the statewide assessments currently in use by the state of Florida for grades Pre-K through 12. Assessments and technical assistance shall be provided at no cost to the STOF.

B. FDOE shall make arrangements for shipping of test materials to participating STOF schools and for retrieval of materials upon conclusion of testing.

C. FDOE shall invite STOF schools to all public school trainings on the assessment and accountability systems currently in use, including, but not limited to, trainings covering testing, scoring and test security. If arrangements cannot be made for STOF schools to attend a training session, FDOE shall ensure STOF is provided access to the same information in an alternate format.

D. FDOE shall ensure STOF schools have access to the same scoring arrangements as all public schools in the state and shall provide the STOF schools with an electronic results file consisting of raw test results data. This file will be provided via Secure File Transfer Protocol (SFTP) or other secure electronic format mutually agreed to by the Parties.

E. FDOE shall ensure that STOF receives all data necessary to calculate AYP for each STOF school at the same time as publicly funded schools receive such information. The Department will not calculate learning gains.

F. FDOE shall provide STOF notice of all changes made to the statewide assessment system and will provide training and technical assistance on such changes, as needed.

G. FDOE understands that this MOU does not transfer any authority from the BIE to the state.

This MOU is solely for the purpose of ensuring that STOF schools have full access to statewide standardized assessments that are available to publicly funded schools.

V. Seminole Tribe of Florida Responsibilities

A. As long as STOF has a current waiver from BIE to implement Florida standards and assessments, STOF shall ensure that all STOF schools administer Florida’s statewide assessment system using the guidelines and procedures provided by the Department. STOF schools must follow the provisions of the most current test administration manual for each assessment being provided. Updated versions of these manuals will be provided to STOF.

B. STOF shall ensure that all personnel in charge of test security and protocols attend all assessment-related training that is required of publicly funded schools in the state of Florida.

C. STOF shall ensure that the principal and faculty of STOF schools understand their responsibility to administer the Florida statewide assessment system exams appropriately and to inform the Department of Education of any violations. Such notifications must be made to assessment@fldoe.org. FDOE will notify STOF of any changes to the contact point listed in this section.

D. STOF shall ensure that proper procedures are followed during and after test administration.

After statewide assessments are administered, STOF must ensure all testing materials are secured, packaged and sent to the designated testing entity or outside contractor of the Department for scoring.

1. STOF must require that if a principal or any other person at a testing site knows or has reason to know that the guidelines and procedures for securing, packaging and shipping have not been followed, the violation of the guidelines will be reported to FDOE.

2. If an outside contractor, FDOE or any other person notifies the site of missing secure test materials, the possible testing irregularity must be reported to FDOE.

E. STOF schools are subject to on-site inspections from Department staff to ensure compliance with all protocols and procedures related to test administration and security, including the proper securing, packaging and shipping of testing materials to the entity or outside contractor of the Department for scoring.

VI. Public or Third-Party Access

Under no circumstances may STOF or its agents, officers or employees disclose state of Florida testing materials, instructions or training materials to any third party, unless otherwise provided by this MOU. Any third-party requests for information regarding testing information provided by FDOE to STOF must be approved by the Department prior to the provision of any information contained therein.

VII. Duration, Termination, and Amendment of this Agreement

A. Duration: The term of this Agreement is for five years and is effective upon signature of both Parties.

B. Termination: This Agreement may be terminated at any time by either party providing 30 days’ written notice to the contacts listed below. Termination may occur for any reason and without penalty. The Department will make arrangements for the secure return of any test materials in the event of termination. Obligations contained in this MOU related to test security remain in effect following termination.

C. Renewal: This Agreement shall automatically renew for a period of five years unless and until either party notifies the other party of its intent not to renew within 30 days prior to the expiration date of this Agreement or unless this Agreement is sooner terminated in accordance with its provisions.

D. Amendment: No provision of this MOU may be modified, amended, waived or terminated except by an instrument in writing signed by the parties to this MOU. No course of dealing between the parties will modify, amend, waive or terminate any provision of this MOU or any rights or obligations of any party under or by reason of this MOU.

VIII. Entire Agreement.

This MOU contains the entire understanding between the parties hereto and supersedes any prior understandings, agreements or representations, written or oral, relating to the subject matter hereof.

IX. Contact Information

Seminole Tribe of Florida Name: Mr. Philip Baer Title: Principal – Ahfachkee School Address: 31200 Josie Billie Highway Clewiston, FL 33440 Phone: (863) 983-6348 x. 12902 Email: PhilipBaer@semtribe.com

Florida Department of Education Name: Vince Verges Title: Assistant Deputy Commissioner

Division of Accountability, Research, and Measurement Florida Department of Education

Address: 325 West Gaines Street Tallahassee, FL 32399 Phone: (850) 245-7862 Email: Vince.Verges@fldoe.org

X. Notices

All notices under this MOU must be provided to the officials identified in Section IX.

XI. Miscellaneous

A. Whenever possible, each provision of this MOU shall be interpreted in such a manner as to be effective and valid under applicable law. If any provision of this MOU is held to be invalid, illegal or unenforceable under any applicable law or rule, the validity, legality and enforceability of the other provision of this MOU will not be affected or impaired.

B. This MOU and the rights and obligations of the parties hereunder shall not be assignable, in whole or in part.

C. No delay on the part of either party in exercising any right hereunder shall operate as a waiver of such right. No waiver, express or implied, by either party of any right or any breach by the other party shall constitute a waiver of any other right or breach by the party.

D. The laws of the state of Florida shall govern any disputes related to this MOU.

E. Each party is responsible only for its own intentional acts, negligence or omissions, and those of its employees, agents, officers, heirs and assignees, including inappropriate release or use of the confidential information exchanged under this Agreement.

F. Both parties recognize that the Florida Legislature has waived sovereign immunity for liability for torts, but only to the extent specified in § 768.28, F.S. Nothing herein shall be construed as a waiver of the sovereign immunity of the state of Florida.

G. Both parties shall indemnify and hold harmless the other, its attorneys, agents and employees from and against any and all third party claims, suits, debts, damages and causes of action, whatsoever, whether arising in law or in equity, arising out of or relating to the indemnifying party’s performance or failure to perform under this Agreement. The indemnification shall include reasonable attorney fees and costs incurred by the indemnified party, its attorneys, agents and employees in the defense of any such claim, suits or causes of action, as aforesaid.

H. This MOU may be executed in multiple counterparts, each of which shall be deemed to be an original and all of which shall constitute one agreement, notwithstanding that all parties are not signatories to the original or the same counterpart, or that signature pages from different counterparts are combined, and the signature of any party to any counterpart shall be deemed to be a signature too and may be appended to any other counterpart.

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