CS/CS for HB 1073 & HB 81

1	A bill to be entitled
2	An act relating to persons with disabilities; amending s.
3	393.067, F.S.; revising provisions relating to licensure
4	and standards for facilities and programs for persons with
5	developmental disabilities; amending s. 393.13, F.S.;
6	revising rights for persons with developmental
7	disabilities; amending s. 402.305, F.S.; requiring minimum
8	training for child care personnel to include the
9	identification and care of children with developmental
10	disabilities; creating s. 1003.573, F.S.; requiring that
11	each school prepare an incident report within a specified
12	period after each occasion of student restraint or
13	seclusion; specifying the contents of such report;
14	requiring that each school notify a student's parent or
15	guardian if manual physical restraint or seclusion is
16	used; requiring certain reporting and monitoring;
17	requiring that each school district develop and revise
18	policies and procedures governing the incident reports,
19	data collection, and the monitoring and reporting of such
20	data; prohibiting school personnel from using mechanical
21	restraint on a student or a manual physical restraint that
22	restricts a student's breathing; prohibiting school
23	personnel from closing, locking, or physically blocking a
24	student in a room that is unlit and does not meet the
25	rules of the State Fire Marshal for seclusion time-out
26	rooms; amending s. 1004.55, F.S.; requiring regional
27	autism centers to provide certain support for serving
28	children with developmental disabilities; creating s.
29	1012.582, F.S.; requiring the Commissioner of Education to
30	develop recommendations to incorporate instruction
31	relating to developmental disabilities into continuing
32	education or inservice training requirements for
33	instructional personnel; requiring the Department of
34	Education to incorporate the course curricula into
35	existing requirements for such education or training;
36	authorizing the State Board of Education to adopt rules;
37	requiring the Division of Vocational Rehabilitation within
38	the Department of Education to develop an implementation
39	plan for the establishment of a state vocational college
40	for persons with developmental disabilities subject to
41	legislative authorization and appropriation of funding;
42	providing an effective date.
43
44	Be It Enacted by the Legislature of the State of Florida:
45
46	Section 1.  Paragraph (h) of subsection (4) and subsections
47	(7) and (9) of section 393.067, Florida Statutes, are amended to
48	read:
49	393.067  Facility licensure.-
50	(4)  The application shall be under oath and shall contain
51	the following:
52	(h)  Certification that the staff of the facility or
53	program will receive training to detect, report, and prevent
54	sexual abuse, abuse, neglect, exploitation, and abandonment, as
55	defined in ss. 39.01 and 415.102, of residents and clients.
56	(7)  The agency shall adopt rules establishing minimum
57	standards for facilities and programs licensed under this
58	section, including rules requiring facilities and programs to
59	train staff to detect, report, and prevent sexual abuse, abuse,
60	neglect, exploitation, and abandonment, as defined in ss. 39.01
61	and 415.102, of residents and clients, minimum standards of
62	quality and adequacy of client care, incident reporting
63	requirements, and uniform firesafety standards established by
64	the State Fire Marshal which are appropriate to the size of the
65	facility or of the component centers or units of the program.
66	(9)  The agency may conduct unannounced inspections to
67	determine compliance by foster care facilities, group home
68	facilities, residential habilitation centers, and comprehensive
69	transitional education programs with the applicable provisions
70	of this chapter and the rules adopted pursuant hereto, including
71	the rules adopted for training staff of a facility or a program
72	to detect, report, and prevent sexual abuse, abuse, neglect,
73	exploitation, and abandonment, as defined in ss. 39.01 and
74	415.102, of residents and clients. The facility or program shall
75	make copies of inspection reports available to the public upon
76	request.
77	Section 2.  Paragraph (a) of subsection (3) of section
78	393.13, Florida Statutes, is amended to read:
79	393.13  Treatment of persons with developmental
80	disabilities.-
81	(3)  RIGHTS OF ALL PERSONS WITH DEVELOPMENTAL
82	DISABILITIES.-The rights described in this subsection shall
83	apply to all persons with developmental disabilities, whether or
84	not such persons are clients of the agency.
85	(a)  Persons with developmental disabilities shall have a
86	right to dignity, privacy, and humane care, including the right
87	to be free from abuse, including sexual abuse, neglect, and
88	exploitation in residential facilities.
89	Section 3.  Paragraph (d) of subsection (2) of section
90	402.305, Florida Statutes, is amended to read:
91	402.305  Licensing standards; child care facilities.-
92	(2)  PERSONNEL.-Minimum standards for child care personnel
93	shall include minimum requirements as to:
94	(d)  Minimum training requirements for child care
95	personnel.
96	1.  Such minimum standards for training shall ensure that
97	all child care personnel take an approved 40-clock-hour
98	introductory course in child care, which course covers at least
99	the following topic areas:
100	a.  State and local rules and regulations which govern
101	child care.
102	b.  Health, safety, and nutrition.
103	c.  Identifying and reporting child abuse and neglect.
104	d.  Child development, including typical and atypical
105	language, cognitive, motor, social, and self-help skills
106	development.
107	e.  Observation of developmental behaviors, including using
108	a checklist or other similar observation tools and techniques to
109	determine the child's developmental age level.
110	f.  Specialized areas, including computer technology for
111	professional and classroom use and early literacy and language
112	development of children from birth to 5 years of age, as
113	determined by the department, for owner-operators and child care
114	personnel of a child care facility.
115	g.  Developmental disabilities, including autism spectrum
116	disorder and Down syndrome, and early identification, use of
117	available state and local resources, classroom integration, and
118	positive behavioral supports for children with developmental
119	disabilities.
120
121	Within 90 days after employment, child care personnel shall
122	begin training to meet the training requirements. Child care
123	personnel shall successfully complete such training within 1
124	year after the date on which the training began, as evidenced by
125	passage of a competency examination. Successful completion of
126	the 40-clock-hour introductory course shall articulate into
127	community college credit in early childhood education, pursuant
128	to ss. 1007.24 and 1007.25. Exemption from all or a portion of
129	the required training shall be granted to child care personnel
130	based upon educational credentials or passage of competency
131	examinations. Child care personnel possessing a 2-year degree or
132	higher that includes 6 college credit hours in early childhood
133	development or child growth and development, or a child
134	development associate credential or an equivalent state-approved
135	child development associate credential, or a child development
136	associate waiver certificate shall be automatically exempted
137	from the training requirements in sub-subparagraphs b., d., and
138	e.
139	2.  The introductory course in child care shall stress, to
140	the extent possible, an interdisciplinary approach to the study
141	of children.
142	3.  The introductory course shall cover recognition and
143	prevention of shaken baby syndrome, prevention of sudden infant
144	death syndrome, recognition and care of infants and toddlers
145	with developmental disabilities, including autism spectrum
146	disorder and Down syndrome, and early childhood brain
147	development within the topic areas identified in this paragraph.
148	4.  On an annual basis in order to further their child care
149	skills and, if appropriate, administrative skills, child care
150	personnel who have fulfilled the requirements for the child care
151	training shall be required to take an additional 1 continuing
152	education unit of approved inservice training, or 10 clock hours
153	of equivalent training, as determined by the department.
154	5.  Child care personnel shall be required to complete 0.5
155	continuing education unit of approved training or 5 clock hours
156	of equivalent training, as determined by the department, in
157	early literacy and language development of children from birth
158	to 5 years of age one time. The year that this training is
159	completed, it shall fulfill the 0.5 continuing education unit or
160	5 clock hours of the annual training required in subparagraph 4.
161	6.  Procedures for ensuring the training of qualified child
162	care professionals to provide training of child care personnel,
163	including onsite training, shall be included in the minimum
164	standards. It is recommended that the state community child care
165	coordination agencies (central agencies) be contracted by the
166	department to coordinate such training when possible. Other
167	district educational resources, such as community colleges and
168	career programs, can be designated in such areas where central
169	agencies may not exist or are determined not to have the
170	capability to meet the coordination requirements set forth by
171	the department.
172	7.  Training requirements shall not apply to certain
173	occasional or part-time support staff, including, but not
174	limited to, swimming instructors, piano teachers, dance
175	instructors, and gymnastics instructors.
176	8.  The department shall evaluate or contract for an
177	evaluation for the general purpose of determining the status of
178	and means to improve staff training requirements and testing
179	procedures. The evaluation shall be conducted every 2 years. The
180	evaluation shall include, but not be limited to, determining the
181	availability, quality, scope, and sources of current staff
182	training; determining the need for specialty training; and
183	determining ways to increase inservice training and ways to
184	increase the accessibility, quality, and cost-effectiveness of
185	current and proposed staff training. The evaluation methodology
186	shall include a reliable and valid survey of child care
187	personnel.
188	9.  The child care operator shall be required to take basic
189	training in serving children with disabilities within 5 years
190	after employment, either as a part of the introductory training
191	or the annual 8 hours of inservice training.
192	Section 4.  Section 1003.573, Florida Statutes, is created
193	to read:
194	1003.573  Use of seclusion and restraint on students with
195	disabilities.-
196	(1)  DOCUMENTATION AND REPORTING.-
197	(a)  A school shall prepare an incident report within 24
198	hours after a student is released from restraint or seclusion.
199	If the student's release occurs on a day before the school
200	closes for the weekend, a holiday, or another reason, the
201	incident report must be completed by the end of the school day
202	on the day the school reopens.
203	(b)  The following must be included in the incident report:
204	1.  The name of the student restrained or secluded.
205	2.  The date and time of the event and the duration of the
206	restraint or seclusion.
207	3.  The location at which the restraint or seclusion
208	occurred.
209	4.  The type of restraint used.
210	5.  The name of the person using or assisting in the
211	restraint or seclusion of the student.
212	6.  The name of any nonstudent who was present to witness
213	the restraint or seclusion.
214	7.  A description of the incident, including:
215	a.  The context in which the restraint or seclusion
216	occurred.
217	b.  The student's behavior leading up to and precipitating
218	the decision to use manual physical restraint or seclusion,
219	including an indication as to why there was an imminent risk of
220	serious injury or death to the student or others.
221	c.  The specific positive behavioral strategies used to
222	prevent and deescalate the behavior.
223	d.  What occurred with the student immediately after the
224	termination of the restraint or seclusion.
225	e.  Any injuries, visible marks, or possible medical
226	emergencies that may have occurred during the restraint or
227	seclusion, documented according to district policies.
228	f.  Evidence of steps taken to notify the student's parent
229	or guardian.
230	(c)  A school shall notify the parent or guardian of a
231	student each time manual physical restraint or seclusion is
232	used. Such notification must be in writing and provided before
233	the end of the school day on which the restraint or seclusion
234	occurs. Reasonable efforts must also be taken to notify the
235	parent or guardian by telephone or computer e-mail, or both, and
236	these efforts must be documented. The school shall obtain, and
237	keep in its records, the parent's or guardian's signed
238	acknowledgement that he or she was notified of his or her
239	child's restraint or seclusion.
240	(d)  A school shall also provide the parent or guardian
241	with the completed incident report in writing by mail within 3
242	school days after a student was manually physically restrained
243	or secluded. The school shall obtain, and keep in its records,
244	the parent's or guardian's signed acknowledgement that he or she
245	received a copy of the incident report.
246	(2)  MONITORING.-
247	(a)  Monitoring of the use of manual physical restraint or
248	seclusion on students shall occur at the classroom, building,
249	district, and state levels.
250	(b)  Beginning July 1, 2010, documentation prepared as
251	required in subsection (1) shall be provided to the school
252	principal, the district director of Exceptional Student
253	Education, and the bureau chief of the Bureau of Exceptional
254	Education and Student Services electronically each month that
255	the school is in session.
256	(c)  The department shall maintain aggregate data of
257	incidents of manual physical restraint and seclusion and
258	disaggregate the data for analysis by county, school, student
259	exceptionality, and other variables. This information shall be
260	updated monthly.
261	(3)  SCHOOL DISTRICT POLICIES AND PROCEDURES.-
262	(a)  Each school district shall develop policies and
263	procedures that are consistent with this section and that govern
264	the following:
265	1.  Incident-reporting procedures.
266	2.  Data collection.
267	3.  Monitoring and reporting of data collected.
268	(b)  Any revisions to such policies and procedures, which
269	must be prepared as part of the school district's special
270	policies and procedures, must be filed with the bureau chief of
271	the Bureau of Exceptional Education and Student Services no
272	later than January 31, 2011.
273	(4)  PROHIBITED RESTRAINT.-School personnel may not use a
274	mechanical restraint on a student or a manual physical restraint
275	that restricts a student's breathing.
276	(5)  SECLUSION.-School personnel may not close, lock, or
277	physically block a student in a room that is unlit and does not
278	meet the rules of the State Fire Marshal for seclusion time-out
279	rooms.
280	Section 5.  Paragraphs (f) and (g) are added to subsection
281	(4) of section 1004.55, Florida Statutes, to read:
282	1004.55  Regional autism centers.-
283	(4)  Each center shall provide:
284	(f)  Coordination and dissemination of local and regional
285	information regarding available resources for services for
286	children with the developmental disabilities described in
287	subsection (1).
288	(g)  Support to state agencies in the development of
289	training for early child care providers and educators with
290	respect to the developmental disabilities described in
291	subsection (1).
292	Section 6.  Section 1012.582, Florida Statutes, is created
293	to read:
294	1012.582  Continuing education and inservice training for
295	teaching students with developmental disabilities.-
296	(1)  The Commissioner of Education shall develop
297	recommendations to incorporate instruction regarding autism
298	spectrum disorder, Down syndrome, and other developmental
299	disabilities into continuing education or inservice training
300	requirements for instructional personnel. These recommendations
301	shall address:
302	(a)  Early identification of, and intervention for,
303	students who have autism spectrum disorder, Down syndrome, or
304	other developmental disabilities.
305	(b)  Curriculum planning and curricular and instructional
306	modifications, adaptations, and specialized strategies and
307	techniques.
308	(c)  The use of available state and local resources.
309	(d)  The use of positive behavioral supports to deescalate
310	problem behaviors.
311	(e)  Appropriate use of manual physical restraint and
312	seclusion techniques.
313	(2)  In developing the recommendations, the commissioner
314	shall consult with the State Surgeon General, the Director of
315	the Agency for Persons with Disabilities, representatives from
316	the education community in the state, and representatives from
317	entities that promote awareness about autism spectrum disorder,
318	Down syndrome, and other developmental disabilities and provide
319	programs and services to persons with developmental
320	disabilities, including, but not limited to, regional autism
321	centers pursuant to s. 1004.55.
322	(3)  Beginning with the 2010-2011 school year, the
323	Department of Education shall incorporate the course curricula
324	recommended by the Commissioner of Education, pursuant to
325	subsection (1), into existing requirements for the continuing
326	education or inservice training of instructional personnel. The
327	requirements of this section may not add to the total hours
328	required for continuing education or inservice training as
329	currently established by the department.
330	(4)  The State Board of Education may adopt rules pursuant
331	to ss. 120.536(1) and 120.54 to implement this section.
332	Section 7.  Subject to legislative authorization and
333	appropriation of funding, the Division of Vocational
334	Rehabilitation within the Department of Education shall develop
335	an implementation plan for the establishment of a state
336	vocational college for persons with developmental disabilities.
337	Section 8.  This act shall take effect July 1, 2010.

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