Senate Bill sb0242

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    Florida Senate - 2006        (Corrected Copy)           SB 242

    By Senator Lynn





    7-20-06

  1                      A bill to be entitled

  2         An act relating to religious-exempt child care

  3         programs; amending s. 402.316, F.S.; providing

  4         for a child care program affiliated with a

  5         religious congregation or religious school to

  6         be exempt from regulation by the Department of

  7         Children and Family Services as a

  8         religious-exempt child care program; requiring

  9         religious-exempt child care programs to display

10         a certificate of compliance issued by an

11         accrediting agency recognized by the

12         department; providing requirements for

13         accrediting agencies recognized by the

14         department; requiring a recognized accrediting

15         agency to conduct an initial onsite review;

16         providing timeframes within which child care

17         programs must meet the requirements for

18         training and credentials; requiring recognized

19         accrediting agencies for religious exemption to

20         submit standards to the department; requiring

21         the department to create and maintain a list of

22         recognized accrediting agencies; providing that

23         the act does not authorize the department to

24         regulate certain specified elements of a

25         religious-exempt child care program; requiring

26         that the department notify recognized

27         accrediting agencies of any revision in

28         standards; requiring that a recognized

29         accrediting agency submit an annual report;

30         providing timeframes within which an exempt

31         child care program must notify an accrediting

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    Florida Senate - 2006        (Corrected Copy)           SB 242
    7-20-06




 1         agency of its transfer and termination of

 2         accreditation; prohibiting a recognized

 3         accrediting agency for religious exemption from

 4         owning, operating, or administering certain

 5         programs; requiring the department to

 6         facilitate an annual meeting; providing an

 7         effective date.

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

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11         Section 1.  This act may be cited as the "Zaniyah

12  Hinson Act."

13         Section 2.  Section 402.316, Florida Statutes, is

14  amended to read:

15         (Substantial rewording of section. See

16         s. 402.316, F.S., for present text.)

17         402.316  Exemption for child care program or weekday

18  preschool program accredited by a recognized accrediting

19  agency for religious exemption.--

20         (1)  A child care program or weekday preschool program

21  qualifies for the exemption provided in this section if the

22  program is an integral part of an established religious

23  congregation or religious school that conducts regularly

24  scheduled classes, courses of study, or educational programs,

25  and is a member or participant of, or accredited by, a state,

26  regional, or national accrediting agency for religious

27  exemption which is recognized by the Department of Children

28  and Family Services. A child care program or weekday preschool

29  program that qualifies as a religious-exempt child care

30  program may choose to be exempt from the requirements for

31  child care licensing established in ss. 402.301-402.319 or may

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    Florida Senate - 2006        (Corrected Copy)           SB 242
    7-20-06




 1  voluntarily be licensed under ss. 402.301-402.319. If a

 2  religious-exempt child care program chooses to be exempt from

 3  ss. 402.301-402.319, the program must meet the screening

 4  requirements in ss. 402.305 and 402.3055 and must display in a

 5  conspicuous location in the facility its certificate of

 6  compliance issued by a recognized accrediting agency for

 7  religious exemption. Failure to post the certificate of

 8  compliance in a conspicuous location will result in an

 9  administrative action as determined by the standards of the

10  program's accrediting agency for religious exemption.

11         (2)  The department shall verify an accrediting agency

12  as a recognized accrediting agency for religious exemption if

13  the accrediting agency:

14         (a)  Adopts minimum standards for operating a child

15  care program or weekday preschool program which meet or exceed

16  the department's minimum standards set forth in s. 402.305

17  (1)-(11), (13), (15), and (16);

18         (b)  Publishes its minimum standards and requires a

19  child care program or weekday preschool program that is a

20  member or participant of, or accredited by, the agency to

21  comply with the accrediting agency's minimum standards;

22         (c)  Requires a program that is a member or participant

23  of, or accredited by, the agency to meet the minimum

24  requirements of the local governing body with respect to

25  health, sanitation, and safety, including minimum requirements

26  for environmental health, firesafety, zoning, and building

27  codes, and provides that the applicable local governing body

28  has enforcement authority over such members or participants

29  with respect to their compliance with all such minimum

30  requirements;

31  

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    Florida Senate - 2006        (Corrected Copy)           SB 242
    7-20-06




 1         (d)  Requires a program that is a member or participant

 2  of, or accredited by, the agency to inform parents that the

 3  program is exempt from state licensing requirements but meets

 4  the standards of the program's accrediting agency, which meet

 5  or exceed the department's minimum standards;

 6         (e)  Conducts an initial onsite review of each program

 7  that is a member or participant of, or accredited by, the

 8  agency. Each year thereafter, each program must submit to the

 9  accrediting agency a notarized statement verifying compliance

10  with applicable state laws and the accrediting agency's

11  published minimum standards; and

12         (f)  Requires child care personnel employed by a

13  program that is a member or participant of, or accredited by,

14  the agency to comply with standards that meet or exceed the

15  standards set forth in s. 402.305(2)(d). A recognized

16  accrediting agency for religious exemption must require child

17  care personnel to begin a 40-clock-hour introductory course in

18  child care, approved by the department, by October 1, 2006, or

19  within 90 days after employment and to complete the training

20  within 1 year after the date on which the training begins. In

21  addition, a recognized accrediting agency shall require a

22  program that is a member or participant of, or accredited by,

23  the agency to meet or exceed the requirements for staff

24  credentials set forth in s. 402.305(3) by July 1, 2010. The

25  department and accrediting agencies for religious exemption

26  shall work collaboratively to expedite the approval of

27  equivalency programs developed by the accrediting agencies.

28         (3)  Each accrediting agency for religious exemption

29  which seeks recognition by the department under this section

30  must submit a copy of its published standards to the

31  department for review. The department shall review these

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    Florida Senate - 2006        (Corrected Copy)           SB 242
    7-20-06




 1  standards within 30 days after submission. The department

 2  shall recognize an accrediting agency if the agency is in

 3  compliance with subsection (2). The department shall create

 4  and maintain a complete and accurate list of all recognized

 5  accrediting agencies for religious exemption and specify the

 6  agencies' standards.

 7         (4)  This section does not authorize the department to

 8  regulate or control an accrediting agency for religious

 9  exemption or to regulate or control the governance, religious

10  curriculum, academic curriculum, testing or assessments,

11  evaluation procedures, academic requirements of the staff,

12  discipline, or hiring practices of any religious-exempt child

13  care program.

14         (5)  The department shall distribute to each recognized

15  accrediting agency for religious exemption any revision made

16  to the department's minimum standards within 30 days after the

17  revision is adopted. Within 30 days after the receipt of

18  revised minimum standards from the department, each recognized

19  accrediting agency for religious exemption shall notify the

20  department by written statement documenting that the agency

21  has notified each exempt program of the revised standards. The

22  new standards must be incorporated during the next revision of

23  the accrediting agency's minimum standards. Each recognized

24  accrediting agency for religious exemption shall maintain and

25  must submit to the department an annual report that includes

26  an updated listing of programs that are members or

27  participants of, or accredited by, that agency and must submit

28  a written notice of a new program coming into affiliation

29  thereafter, or terminating affiliation, within 30 days after

30  such action. A religious-exempt child care program that

31  transfers its affiliation from one accrediting agency to

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    Florida Senate - 2006        (Corrected Copy)           SB 242
    7-20-06




 1  another must notify the accrediting agency from which it is

 2  transferring 30 days before the transfer.

 3         (6)  A recognized accrediting agency for religious

 4  exemption may not own, operate, or administer a child care

 5  program or weekday preschool program under its certificate of

 6  approval. A child care program or weekday preschool program

 7  exempt from ss. 402.301-402.319 under this section is solely

 8  responsible for its day-to-day operations and compliance with

 9  applicable state laws and the minimum standards of its

10  accrediting agency for religious exemption.

11         (7)  The department shall facilitate an annual meeting

12  with the accrediting agencies for religious exemption, health

13  and safety officials, and other interested child advocates to

14  exchange ideas for ensuring the health and safety of children

15  in child care and preschool programs.

16         Section 3.  This act shall take effect July 1, 2006.

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    Florida Senate - 2006        (Corrected Copy)           SB 242
    7-20-06




 1            *****************************************

 2                          SENATE SUMMARY

 3    Provides for a child care program affiliated with a
      religious congregation or religious school to be exempt
 4    from regulation by the Department of Children and Family
      Services as a religious-exempt child care program.
 5    Requires religious-exempt child care programs to display
      a certificate of compliance issued by an accrediting
 6    agency recognized by the department. Provides
      requirements for accrediting agencies recognized by the
 7    department. Requires a recognized accrediting agency to
      conduct an initial onsite review. Provides timeframes
 8    within which child care programs must meet the
      requirements for training and credentials. Requires
 9    recognized accrediting agencies for religious exemption
      to submit standards to the department. Requires the
10    department to create and maintain a list of recognized
      accrediting agencies. Provides that the act does not
11    authorize the department to regulate certain specified
      elements of a religious-exempt child care program.
12    Requires that the department notify recognized
      accrediting agencies of any revision in standards.
13    Requires that a recognized accrediting agency submit an
      annual report. Provides timeframes within which an exempt
14    child care program must notify an accrediting agency of
      its transfer and termination of accreditation. Prohibits
15    a recognized accrediting agency for religious exemption
      from owning, operating, or administering certain
16    programs. Requires the department to facilitate an annual
      meeting. (See bill for details.)
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