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

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