Senate Bill sb0226
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Florida Senate - 2007 SB 226
By Senator Lynn
7-251-07
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 that a child care program affiliated with a
5 religious congregation or religious school is
6 exempt from regulation by the Department of
7 Children and Family Services as a
8 religious-exempt child care program; requiring
9 a religious-exempt child care program to
10 display a certificate of compliance issued by
11 an 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 a child care
17 program must meet the requirements for training
18 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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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 - 2007 SB 226
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1 be licensed voluntarily 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. A program that fails to post its
8 certificate of compliance in a conspicuous location is subject
9 to 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
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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, 2007, 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, 2011. 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.
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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
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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 that is exempt from ss. 402.301-402.319 under this section is
12 solely responsible for its day-to-day operations and
13 compliance with applicable state laws and the minimum
14 standards of its accrediting agency for religious exemption.
15 (8) The department shall facilitate an annual meeting
16 of the accrediting agencies for religious exemption, health
17 and safety officials, and other interested child advocates in
18 order to exchange ideas for ensuring the health and safety of
19 children in child care and preschool programs.
20 Section 3. This act shall take effect July 1, 2007.
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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.
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