HB 0957

1	A bill to be entitled
2	An act relating to religious-exempt child care programs;
3	amending s. 402.316, F.S.; providing for a child care
4	program affiliated with a church, temple, or parochial
5	school to be exempt from regulation by the department as a
6	religious-exempt child care program; requiring religious-
7	exempt child care programs to display a certificate of
8	compliance issued by an accrediting agency recognized by
9	the department; providing requirements for accrediting
10	agencies recognized by the department; requiring a
11	recognized accrediting agency to conduct an initial on-
12	site review; providing timeframes within which child care
13	programs must meet the requirements for training and
14	credentials; requiring recognized accrediting agencies for
15	religious exemption to submit standards to the department;
16	requiring the department to create and maintain a list of
17	recognized accrediting agencies; providing that the act
18	does not authorize the department to regulate certain
19	specified elements of a religious-exempt child care
20	program; requiring that the department notify recognized
21	accrediting agencies of any revision in standards;
22	requiring that a recognized accrediting agency submit an
23	annual report; providing timeframes within which an exempt
24	child care program must notify an accrediting agency of
25	its transfer and termination of accreditation; prohibiting
26	a recognized accrediting agency for religious exemption
27	from owning, operating, or administering certain programs;
28	requiring the department to facilitate an annual meeting;
29	providing an effective date.
30
31	Be It Enacted by the Legislature of the State of Florida:
32
33	Section 1.  Section 402.316, Florida Statutes, is amended
34	to read:
35	(Substantial rewording of section. See
36	s. 402.316, F.S., for present text.)
37	402.316  Exemption for child care program or weekday
38	preschool program accredited by a recognized accrediting agency
39	for religious exemption.--
40	(1)  A child care program or weekday preschool program
41	qualifies for the exemption provided in this section if the
42	program is an integral part of an established church, temple, or
43	parochial school conducting regularly scheduled classes, courses
44	of study, or educational programs, and is a member or
45	participant of, or accredited by, a state, regional, or national
46	accrediting agency for religious exemption which is recognized
47	by the Department of Children and Family Services. A child care
48	program or weekday preschool program that qualifies as a
49	religious-exempt child care program may choose to be exempt from
50	the requirements for child care licensing established in ss.
51	402.301-402.319 or may voluntarily be licensed under ss.
52	402.301-402.319. If a religious-exempt child care program
53	chooses to be exempt from the requirements of ss. 402.301-
54	402.319, the program must meet the screening requirements in ss.
55	402.305 and 402.3055 and must display its certificate of
56	compliance issued by a recognized accrediting agency for
57	religious exemption in a conspicuous location in the facility.
58	Failure to post the certificate of compliance in a conspicuous
59	location will result in an administrative action as determined
60	by the standards of the program's accrediting agency for
61	religious exemption.
62	(2)  The department shall verify an accrediting agency as a
63	recognized accrediting agency for religious exemption if the
64	accrediting agency:
65	(a)  Adopts minimum standards for operating a child care
66	program or weekday preschool program which meet or exceed the
67	department's minimum standards set forth in s. 402.305(1)-(11),
68	(13), (15), and (16).
69	(b)  Publishes its minimum standards and requires a child
70	care program or weekday preschool program that is a member or
71	participant of, or accredited by, the agency to comply with the
72	accrediting agency's minimum standards.
73	(c)  Requires a program that is a member or participant of,
74	or accredited by, the agency to meet the minimum requirements of
75	the local governing body with respect to health, sanitation, and
76	safety, including minimum requirements for environmental health,
77	fire safety, zoning, and building codes.
78	(d)  Requires a program that is a member or participant of,
79	or accredited by, the agency to inform parents that the program
80	is exempt from state licensing requirements but meets the
81	standards of the program's accrediting agency, which meet or
82	exceed the department's minimum standards.
83	(e)  Conducts an initial on-site review of each program
84	that is a member or participant of, or accredited by, the
85	agency. Each year thereafter, a notarized statement must be
86	submitted to the accrediting agency by each program verifying
87	compliance with applicable state laws and the accrediting
88	agency's published minimum standards.
89	(f)  Requires child care personnel employed by a program
90	that is a member or participant of, or accredited by, the agency
91	to comply with standards that meet or exceed the standards set
92	forth in s. 402.305(2)(d). A recognized accrediting agency for
93	religious exemption must require child care personnel to begin a
94	40-clock-hour introductory course in child care, approved by the
95	department, by October 1, 2004, or within 90 days after
96	employment and complete the training within 1 year after the
97	date on which the training begins. In addition, a recognized
98	accrediting agency shall require a program that is a member or
99	participant of, or accredited by, the agency to meet or exceed
100	the requirements for staff credentials set forth in s.
101	402.305(3) by July 1, 2008. The department and accrediting
102	agencies for religious exemption shall work collaboratively to
103	expedite the approval of equivalency programs developed by the
104	accrediting agencies.
105	(3)  Each accrediting agency for religious exemption that
106	seeks recognition by the department under this section must
107	submit a copy of its published standards to the department for
108	review. These standards shall be reviewed by the department
109	within 30 days after submission. The department shall recognize
110	an accrediting agency if the agency is in compliance with
111	subsection (2). The department shall create and maintain a
112	complete and accurate list of all recognized accrediting
113	agencies for religious exemption and specify the agencies'
114	standards.
115	(4)  This section does not authorize the department to
116	regulate or control an accrediting agency for religious
117	exemption or to regulate or control the governance, religious
118	curriculum, academic curriculum, testing or assessments,
119	evaluation procedures, academic requirements of the staff,
120	discipline, or hiring practices of any religious-exempt child
121	care program.
122	(5)  The department shall distribute to each recognized
123	accrediting agency for religious exemption any revision made to
124	the department's minimum standards within 30 days after the
125	revision is adopted. Within 30 days after the receipt of revised
126	minimum standards from the department, each recognized
127	accrediting agency for religious exemption shall notify the
128	department by written statement documenting that they have
129	notified each exempt program of the revised standards. The new
130	standards shall be incorporated during the next revision of the
131	accrediting agency's minimum standards. Each recognized
132	accrediting agency for religious exemption shall maintain and
133	submit to the department an annual report that includes an
134	updated listing of programs that are members or participants of,
135	or accredited by, that agency and submit a written notice of a
136	new program coming into affiliation thereafter, or terminating
137	affiliation, within 30 days after such action. A religious-
138	exempt child care program that transfers its affiliation from
139	one accrediting agency to another must notify the accrediting
140	agency from which it is transferring 30 days in advance of the
141	transfer.
142	(6)  A recognized accrediting agency for religious
143	exemption may not own, operate, or administer a child care
144	program or weekday preschool program under its certificate of
145	approval. A child care program or weekday preschool program
146	exempt from ss. 402.301-402.319 under this section is solely
147	responsible for its day-to-day operations and compliance with
148	applicable state laws and the minimum standards of its
149	accrediting agency for religious exemption.
150	(7)  The department shall facilitate an annual meeting with
151	the accrediting agencies for religious exemption, health and
152	safety officials, and other interested child advocates to
153	exchange ideas for ensuring the health and safety of children in
154	child care and preschool programs.
155	Section 2.  This act shall take effect July 1, 2004.

CODING: Words stricken are deletions; words underlined are additions.