Senate Bill sb0242c1

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2006                            CS for SB 242

    By the Committee on Health and Human Services Appropriations;
    and Senator Lynn




    603-2141-06

  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

                                  1

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






    Florida Senate - 2006                            CS for SB 242
    603-2141-06




 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.

 8  

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

10  

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

                                  2

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






    Florida Senate - 2006                            CS for SB 242
    603-2141-06




 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)  In any county in which there is a local licensing

12  agency approved by the department, the local licensing agency

13  may continue to recognize a county accrediting agency for

14  religious exemption.

15         (3)  The department shall verify an accrediting agency

16  as a recognized accrediting agency for religious exemption if

17  the accrediting agency:

18         (a)  Adopts minimum standards for operating a child

19  care program or weekday preschool program which meet or exceed

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

21  (1)-(11), (13), (15), and (16);

22         (b)  Publishes its minimum standards and requires a

23  child care program or weekday preschool program that is a

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

25  comply with the accrediting agency's minimum standards;

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

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

28  requirements of the local governing body with respect to

29  health, sanitation, and safety, including minimum requirements

30  for environmental health, firesafety, zoning, and building

31  codes, and provides that the applicable local governing body

                                  3

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






    Florida Senate - 2006                            CS for SB 242
    603-2141-06




 1  has enforcement authority over such members or participants

 2  with respect to their compliance with all such minimum

 3  requirements;

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

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

 6  program is exempt from state licensing requirements but meets

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

 8  or exceed the department's minimum standards;

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

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

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

12  accrediting agency a notarized statement verifying compliance

13  with applicable state laws and the accrediting agency's

14  published minimum standards; and

15         (f)  Requires child care personnel employed by a

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

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

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

19  accrediting agency for religious exemption must require child

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

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

22  within 90 days after employment and to complete the training

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

24  addition, a recognized accrediting agency shall require a

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

26  the agency to meet or exceed the requirements for staff

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

28  department and accrediting agencies for religious exemption

29  shall work collaboratively to expedite the approval of

30  equivalency programs developed by the accrediting agencies.

31  

                                  4

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






    Florida Senate - 2006                            CS for SB 242
    603-2141-06




 1         (4)  Each accrediting agency for religious exemption

 2  which seeks recognition by the department under this section

 3  must submit a copy of its published standards to the

 4  department for review. The department shall review these

 5  standards within 30 days after submission. The department

 6  shall recognize an accrediting agency if the agency is in

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

 8  and maintain a complete and accurate list of all recognized

 9  accrediting agencies for religious exemption and specify the

10  agencies' standards.

11         (5)  This section does not authorize the department to

12  regulate or control an accrediting agency for religious

13  exemption or to regulate or control the governance, religious

14  curriculum, academic curriculum, testing or assessments,

15  evaluation procedures, academic requirements of the staff,

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

17  care program.

18         (6)  The department shall distribute to each recognized

19  accrediting agency for religious exemption any revision made

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

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

22  revised minimum standards from the department, each recognized

23  accrediting agency for religious exemption shall notify the

24  department by written statement documenting that the agency

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

26  new standards must be incorporated during the next revision of

27  the accrediting agency's minimum standards. Each recognized

28  accrediting agency for religious exemption shall maintain and

29  must submit to the department an annual report that includes

30  an updated listing of programs that are members or

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

                                  5

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






    Florida Senate - 2006                            CS for SB 242
    603-2141-06




 1  a written notice of a new program coming into affiliation

 2  thereafter, or terminating affiliation, within 30 days after

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

 4  transfers its affiliation from one accrediting agency to

 5  another must notify the accrediting agency from which it is

 6  transferring 30 days before the transfer.

 7         (7)  A recognized accrediting agency for religious

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

 9  program or weekday preschool program under its certificate of

10  approval. A child care program or weekday preschool program

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

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

13  applicable state laws and the minimum standards of its

14  accrediting agency for religious exemption.

15         (8)  The department shall facilitate an annual meeting

16  with the accrediting agencies for religious exemption, health

17  and safety officials, and other interested child advocates to

18  exchange ideas for ensuring the health and safety of children

19  in child care and preschool programs.

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

21  

22          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
23                         Senate Bill 242

24                                 

25  Provides that in any county in which there is a local
    licensing agency approved by the  department, the local
26  licensing agency may continue to recognize a county
    accrediting agency for religious exemption.
27  

28  

29  

30  

31  

                                  6

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