House Bill hb1567e1

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                                    CS/CS/HB 1567, First Engrossed



  1                      A bill to be entitled

  2         An act relating to child care; amending s.

  3         402.3131, F.S.; increasing the introductory

  4         course requirement for operators of large

  5         family child care homes; requiring a competency

  6         examination upon successful completion of

  7         required training; providing for community

  8         college credit; amending s. 402.305, F.S.;

  9         revising minimum training requirements for

10         child care personnel; revising training topics;

11         requiring a competency examination upon

12         successful completion of the required training;

13         providing for community college credit;

14         providing an automatic exemption from certain

15         training requirements for personnel having

16         specified degrees, credentials, courses, or

17         waivers in specified areas; providing for an

18         extension until 2004 to implement the child

19         care facility director credential requirement;

20         amending s. 402.313, F.S.; requiring a

21         competency examination for operators of family

22         day care homes upon successful completion of

23         the required training; requiring the Department

24         of Children and Family Services to establish

25         standards by rule for training for family day

26         care homes that have voluntarily chosen to be

27         licensed or must be licensed due to county

28         ordinance or resolution; authorizing the

29         department to modify certain child care

30         training requirements to provide for

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                                    CS/CS/HB 1567, First Engrossed



  1         articulation into community college credit;

  2         providing an effective date.

  3

  4  Be It Enacted by the Legislature of the State of Florida:

  5

  6         Section 1.  Subsection (3) of section 402.3131, Florida

  7  Statutes, is amended to read:

  8         402.3131  Large family child care homes.--

  9         (3)  Operators of large family child care homes must

10  successfully complete shall take an approved 40-clock-hour

11  introductory course in group child care, as evidenced by

12  passage of a competency examination. Successful completion of

13  the 40-clock-hour introductory course shall articulate into

14  community college credit in early childhood education, as

15  approved by the Articulation Coordinating Committee pursuant

16  to s. 229.551(1)(g).

17         Section 2.  Paragraphs (d) and (f) of subsection (2) of

18  section 402.305, Florida Statutes, are amended to read:

19         402.305  Licensing standards; child care facilities.--

20         (2)  PERSONNEL.--Minimum standards for child care

21  personnel shall include minimum requirements as to:

22         (d)  Minimum training requirements for child care

23  personnel.

24         1.  Such minimum standards for training shall ensure

25  that all child care personnel and operators of family day care

26  homes serving at-risk children in a subsidized child care

27  program pursuant to s. 402.3015 take an approved 40-clock-hour

28  introductory course in child care, which course covers at

29  least the following topic areas:

30         a.  State and local rules and regulations which govern

31  child care.


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                                    CS/CS/HB 1567, First Engrossed



  1         b.  Health, safety, and nutrition.

  2         c.  Identifying and reporting child abuse and neglect.

  3         d.  Child development, including typical and atypical

  4  language, cognitive, motor, social, and self-help skills

  5  development.

  6         e.  Observation of developmental behaviors, including

  7  using a checklist or other similar observation tools and

  8  techniques to determine the child's developmental age level.

  9         f.  Specialized areas, including computer technology

10  for professional and classroom use, as determined by the

11  department, for owner-operators and child care personnel of a

12  child care facility.

13

14  Within 90 days after of employment, child care personnel shall

15  begin training to meet the training requirements. Child care

16  personnel and shall successfully complete such training within

17  1 year after of the date on which the training began, as

18  evidenced by passage of a competency examination. Successful

19  completion of the 40-clock-hour introductory course shall

20  articulate into community college credit in early childhood

21  education, as approved by the Articulation Coordinating

22  Committee, pursuant to s. 229.551(1)(g). Exemption from all or

23  a portion of the required training shall be granted to child

24  care personnel based upon educational credentials or passage

25  of competency examinations. Child care personnel possessing a

26  2-year degree or higher that includes 6 college credit hours

27  in early childhood development or child growth and

28  development, or a child development associate credential or an

29  equivalent state-approved child development associate

30  credential, or a child development associate waiver

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                                    CS/CS/HB 1567, First Engrossed



  1  certificate shall be automatically exempted from the training

  2  requirements in sub-subparagraphs b., d., and e.

  3         2.  The introductory course in child care shall stress,

  4  to the extent possible, an interdisciplinary approach to the

  5  study of children.

  6         3.  On an annual basis in order to further their child

  7  care skills and, if appropriate, administrative skills, child

  8  care personnel who have fulfilled the requirements for the

  9  child care training shall be required to take an additional

10  approved 8 clock hours of inservice training or an equivalent

11  as determined by the department.

12         4.  Procedures for ensuring the training of qualified

13  child care professionals to provide training of child care

14  personnel, including onsite training, shall be included in the

15  minimum standards.  It is recommended that the state community

16  child care coordination agencies (central agencies) be

17  contracted by the department to coordinate such training when

18  possible. Other district educational resources, such as

19  community colleges and vocational-technical programs, can be

20  designated in such areas where central agencies may not exist

21  or are determined not to have the capability to meet the

22  coordination requirements set forth by the department.

23         5.  Training requirements shall not apply to certain

24  occasional or part-time support staff, including, but not

25  limited to, swimming instructors, piano teachers, dance

26  instructors, and gymnastics instructors.

27         6.  The department State Coordinating Council for

28  School Readiness Programs, in coordination with the

29  department, shall evaluate or contract for an evaluation for

30  the general purpose of determining the status of and means to

31  improve staff training requirements and testing procedures.


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                                    CS/CS/HB 1567, First Engrossed



  1  The evaluation shall be completed by October 1, 1992, and

  2  conducted every 2 years thereafter.  The evaluation shall

  3  include, but not be limited to, determining the availability,

  4  quality, scope, and sources of current staff training;

  5  determining the need for specialty training; and determining

  6  ways to increase inservice training and ways to increase the

  7  accessibility, quality, and cost-effectiveness of current and

  8  proposed staff training. The evaluation methodology shall

  9  include a reliable and valid survey of child care personnel.

10         7.  The child care operator shall be required to take

11  basic training in serving children with disabilities within 5

12  years after employment, either as a part of the introductory

13  training or the annual 8 hours of inservice training.

14         (f)  By January 1, 2000, a credential for child care

15  facility directors. By January 1, 2004 2003, the credential

16  shall be a required minimum standard for licensing.

17         Section 3.  Paragraph (a) of subsection (1) and

18  subsections (4) and (10) of section 402.313, Florida Statutes,

19  are amended to read:

20         402.313  Family day care homes.--

21         (1)  Family day care homes shall be licensed under this

22  act if they are presently being licensed under an existing

23  county licensing ordinance, if they are participating in the

24  subsidized child care program, or if the board of county

25  commissioners passes a resolution that family day care homes

26  be licensed.  If no county authority exists for the licensing

27  of a family day care home, the department shall have the

28  authority to license family day care homes under contract for

29  the purchase-of-service system in the subsidized child care

30  program.

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                                    CS/CS/HB 1567, First Engrossed



  1         (a)  If not subject to license, family day care homes

  2  shall register annually with the department, providing the

  3  following information:

  4         1.  The name and address of the home.

  5         2.  The name of the operator.

  6         3.  The number of children served.

  7         4.  Proof of a written plan to provide at least one

  8  other competent adult to be available to substitute for the

  9  operator in an emergency.  This plan shall include the name,

10  address, and telephone number of the designated substitute.

11         5.  Proof of screening and background checks.

12         6.  Proof of successful completion of the 30-hour

13  training course, as evidenced by passage of a competency

14  examination, which shall include:

15         a.  State and local rules and regulations that govern

16  child care.

17         b.  Health, safety, and nutrition.

18         c.  Identifying and reporting child abuse and neglect.

19         d.  Child development, including typical and atypical

20  language development; and cognitive, motor, social, and

21  self-help skills development.

22         e.  Observation of developmental behaviors, including

23  using a checklist or other similar observation tools and

24  techniques to determine a child's developmental level.

25         f.  Specialized areas, as determined by the department,

26  for owner-operators of family day care homes.

27         7.  Proof that immunization records are kept current.

28         (4)  Operators of family day care homes must

29  successfully complete shall take an approved 30-clock-hour

30  introductory course in child care, as evidenced by passage of

31  a competency examination. Family day care homes licensed or


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                                    CS/CS/HB 1567, First Engrossed



  1  registered on June 30, 1999, shall have until June 30, 2001,

  2  to comply with this course requirement, except that the

  3  department shall exempt family day care homes in this category

  4  that can demonstrate that the operator has received at least

  5  30 hours of training. Family day care homes initially licensed

  6  or registered on or after July 1, 1999, but before October 1,

  7  1999, shall have until October 1, 1999, to comply with the

  8  30-clock-hour course requirement. Family day care homes

  9  initially licensed or registered on or after October 1, 1999,

10  must comply with the 30-clock-hour course requirement before

11  caring for children.

12         (10)  The department shall, by rule, establish minimum

13  standards for family day care homes that are required to be

14  licensed by county licensing ordinance or county licensing

15  resolution or that voluntarily choose to be licensed. The

16  standards should include requirements for staffing, training,

17  maintenance of immunization records, minimum health standards,

18  reduced standards for the regulation of child care during

19  evening hours by municipalities and counties, and enforcement

20  of standards.

21         Section 4.  The Department of Children and Family

22  Services may modify the 40-clock-hour introductory course in

23  child care under s. 402.305 or s. 402.3131, Florida Statutes,

24  to meet the requirements of articulating the course to

25  community college credit. Any modification must continue to

26  provide that the course satisfies the requirements of s.

27  402.305(2)(d), Florida Statutes.

28         Section 5.  This act shall take effect July 1, 2002.

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