ARTICLE 24 – Termination of Agreement”

Termination of Agreement In addition to the exercise of any other remedies available to it at law or in equity, NONFEDERAL ENTITY may terminate this Agreement for PROVIDER non-performance, as determined by NON-FEDERAL ENTITY, upon no less than twenty-four (24) hours written notice to PROVIDER. NON-FEDERAL ENTITY may terminate this Agreement at any time, without cause, by giving PROVIDER written notice of such termination at least thirty (30) days prior to the effective date of such termination. PROVIDER may terminate this Agreement upon providing one hundred-eighty (180) business days prior written notice. Upon resigning from LSF, PROVIDER is required to keep all assigned children for 180 days or until LSF finds another PROVIDER, whichever occurs earlier. During this 180-day period, all comprehensive services including but not limited to home visits, parent teacher conferences, monthly reports, and attendance reportsmust be completed prior to the last day. Payment ofservices will be withheld until all duties are complete. 

This is extremely unfair because they could find any reason to terminate your contract  (without cause) In 30 days, but the provider must give them a 180 days written notice.

I know several grantee sites have Class 1 violations, but they're still in business.


It is a common point of frustration for childcare partners: under Florida Department of Children and Families (DCF) regulations, a Class 1 violation is legally defined by the potential threat to a child's safety, not whether an actual injury occurred. Because Head Start operates under strict federal oversight regarding child wellness and safety, grant recipients like Lutheran Services Florida (LSF) often move aggressively to terminate contracts upon a Class 1 citation to protect their own federal funding.

1. Challenge the DCF Citation Immediately
If you are still within the appeal window for the state citation, appeal the Class 1 status through the Florida DCF Enforcement Appeal Process. [1]
  • The Goal: Negotiate to get the violation downgraded to a Class 2 or Class 3 offense.
  • The Impact: If the state downgrades the violation, Head Start’s contractual grounds for immediate termination "for cause" will be significantly weakened or completely invalidated. [1]
  • 2. Invoke the Head Start "Show Cause" / Right to Appeal
    Do not let Head Start terminate the contract without a fight. Per 45 CFR Part 1304, federal guidelines dictate that a partner agency must be given a fair, documented opportunity to "show cause" before a final termination is finalized.
  • Demanded an official formal hearing or administrative review with LSF leadership.
  • Submit a robust, written Corrective Action Plan (CAP) showing that the gap has already been permanently fixed (e.g., updated staff training, revised transportation logs, or added supervision protocols). [1]
3. Leverage the "No Injury" Fact for a Probationary Compromise
Since no child was injured, use this as your primary leverage to argue that immediate contract termination is arbitrary, capricious, and disproportionate.
  • Review your contract’s Article 24 details to see if LSF is skipping progressive disciplinary steps.
  • Push to substitute the termination with a temporary probationary status or a strict Quality Improvement Plan (QIP) while your center remains operational. [1]
4. Consult a Childcare Defense Attorney
Because a Class 1 violation can trigger automatic loss of your School Readiness and VPK contracts alongside Head Start, retain a specialized local healthcare/childcare defense lawyer right away. Having an attorney draft your response letter to LSF shifts the dynamic immediately and forces them to follow exact contractual protocol. [1, 2]
To help tailor the next steps, what specific type of incident triggered the Class 1 violation (e.g., supervision, a transportation check, or a ratio issue)? Also, have you already received a formal written Notice of Termination from LSF?

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