Florida Senate - 2010                                    SB 2472
       
       
       
       By Senator Storms
       
       
       
       
       10-01961B-10                                          20102472__
    1                        A bill to be entitled                      
    2         An act relating to the education of children with
    3         disabilities; providing a short title; amending s.
    4         402.305, F.S.; requiring minimum training for child
    5         care personnel to include the identification and care
    6         of children with developmental disabilities; amending
    7         s. 1002.39, F.S.; revising requirements for student
    8         eligibility to participate in the John M. McKay
    9         Scholarships for Students with Disabilities Program;
   10         amending s. 1004.55, F.S.; requiring regional autism
   11         centers to provide certain support for serving
   12         children with developmental disabilities; creating s.
   13         1012.582, F.S.; requiring the Department of Education
   14         to incorporate course curricula relating to
   15         developmental disabilities into existing requirements
   16         for the continuing education or inservice training of
   17         instructional personnel; requiring the Commissioner of
   18         Education to make recommendations to the department
   19         relating to developmental disabilities awareness
   20         instruction and methods for teaching students with
   21         developmental disabilities; authorizing the State
   22         Board of Education to adopt rules; providing an
   23         effective date.
   24  
   25  Be It Enacted by the Legislature of the State of Florida:
   26  
   27         Section 1. This act may be cited as the “Disabilities in
   28  Education Act.”
   29         Section 2. Paragraph (d) of subsection (2) of section
   30  402.305, Florida Statutes, is amended to read:
   31         402.305 Licensing standards; child care facilities.—
   32         (2) PERSONNEL.—Minimum standards for child care personnel
   33  shall include minimum requirements as to:
   34         (d) Minimum training requirements for child care personnel.
   35         1. Such minimum standards for training shall ensure that
   36  all child care personnel take an approved 40-clock-hour
   37  introductory course in child care, which course covers at least
   38  the following topic areas:
   39         a. State and local rules and regulations which govern child
   40  care.
   41         b. Health, safety, and nutrition.
   42         c. Identifying and reporting child abuse and neglect.
   43         d. Child development, including typical and atypical
   44  language, cognitive, motor, social, and self-help skills
   45  development.
   46         e. Observation of developmental behaviors, including using
   47  a checklist or other similar observation tools and techniques to
   48  determine the child’s developmental age level.
   49         f. Specialized areas, including computer technology for
   50  professional and classroom use and early literacy and language
   51  development of children from birth to 5 years of age, as
   52  determined by the department, for owner-operators and child care
   53  personnel of a child care facility.
   54         g. Developmental disabilities, including autism spectrum
   55  disorder, and early identification, use of available state and
   56  local resources, classroom integration, and positive behavioral
   57  supports for children with developmental disabilities.
   58  
   59  Within 90 days after employment, child care personnel shall
   60  begin training to meet the training requirements. Child care
   61  personnel shall successfully complete such training within 1
   62  year after the date on which the training began, as evidenced by
   63  passage of a competency examination. Successful completion of
   64  the 40-clock-hour introductory course shall articulate into
   65  community college credit in early childhood education, pursuant
   66  to ss. 1007.24 and 1007.25. Exemption from all or a portion of
   67  the required training shall be granted to child care personnel
   68  based upon educational credentials or passage of competency
   69  examinations. Child care personnel possessing a 2-year degree or
   70  higher that includes 6 college credit hours in early childhood
   71  development or child growth and development, or a child
   72  development associate credential or an equivalent state-approved
   73  child development associate credential, or a child development
   74  associate waiver certificate shall be automatically exempted
   75  from the training requirements in sub-subparagraphs b., d., and
   76  e.
   77         2. The introductory course in child care shall stress, to
   78  the extent possible, an interdisciplinary approach to the study
   79  of children.
   80         3. The introductory course shall cover recognition and
   81  prevention of shaken baby syndrome, prevention of sudden infant
   82  death syndrome, recognition and care of infants and toddlers
   83  with developmental disabilities, including autism spectrum
   84  disorder, and early childhood brain development within the topic
   85  areas identified in this paragraph.
   86         4. On an annual basis in order to further their child care
   87  skills and, if appropriate, administrative skills, child care
   88  personnel who have fulfilled the requirements for the child care
   89  training shall be required to take an additional 1 continuing
   90  education unit of approved inservice training, or 10 clock hours
   91  of equivalent training, as determined by the department.
   92         5. Child care personnel shall be required to complete 0.5
   93  continuing education unit of approved training or 5 clock hours
   94  of equivalent training, as determined by the department, in
   95  early literacy and language development of children from birth
   96  to 5 years of age one time. The year that this training is
   97  completed, it shall fulfill the 0.5 continuing education unit or
   98  5 clock hours of the annual training required in subparagraph 4.
   99         6. Procedures for ensuring the training of qualified child
  100  care professionals to provide training of child care personnel,
  101  including onsite training, shall be included in the minimum
  102  standards. It is recommended that the state community child care
  103  coordination agencies (central agencies) be contracted by the
  104  department to coordinate such training when possible. Other
  105  district educational resources, such as community colleges and
  106  career programs, can be designated in such areas where central
  107  agencies may not exist or are determined not to have the
  108  capability to meet the coordination requirements set forth by
  109  the department.
  110         7. Training requirements shall not apply to certain
  111  occasional or part-time support staff, including, but not
  112  limited to, swimming instructors, piano teachers, dance
  113  instructors, and gymnastics instructors.
  114         8. The department shall evaluate or contract for an
  115  evaluation for the general purpose of determining the status of
  116  and means to improve staff training requirements and testing
  117  procedures. The evaluation shall be conducted every 2 years. The
  118  evaluation shall include, but not be limited to, determining the
  119  availability, quality, scope, and sources of current staff
  120  training; determining the need for specialty training; and
  121  determining ways to increase inservice training and ways to
  122  increase the accessibility, quality, and cost-effectiveness of
  123  current and proposed staff training. The evaluation methodology
  124  shall include a reliable and valid survey of child care
  125  personnel.
  126         9. The child care operator shall be required to take basic
  127  training in serving children with disabilities within 5 years
  128  after employment, either as a part of the introductory training
  129  or the annual 8 hours of inservice training.
  130         Section 3. Paragraph (a) of subsection (2) of section
  131  1002.39, Florida Statutes, is amended to read:
  132         1002.39 The John M. McKay Scholarships for Students with
  133  Disabilities Program.—There is established a program that is
  134  separate and distinct from the Opportunity Scholarship Program
  135  and is named the John M. McKay Scholarships for Students with
  136  Disabilities Program.
  137         (2) JOHN M. MCKAY SCHOLARSHIP ELIGIBILITY.—The parent of a
  138  public school student with a disability who is dissatisfied with
  139  the student’s progress may request and receive from the state a
  140  John M. McKay Scholarship for the child to enroll in and attend
  141  a private school in accordance with this section if:
  142         (a) The student has spent 6 months or more during the prior
  143  school year in attendance at a Florida public school or the
  144  Florida School for the Deaf and the Blind. Prior school year in
  145  attendance means that the student was:
  146         1. Enrolled and reported by a school district for funding
  147  in the during the preceding October and February Florida
  148  Education Finance Program surveys in kindergarten through grade
  149  12, which shall include time spent in a Department of Juvenile
  150  Justice commitment program if funded under the Florida Education
  151  Finance Program;
  152         2. Enrolled and reported by the Florida School for the Deaf
  153  and the Blind in the during the preceding October and February
  154  student membership surveys in kindergarten through grade 12; or
  155         3. Enrolled and reported by a school district for funding
  156  in the during the preceding October and February Florida
  157  Education Finance Program surveys, was at least 4 years old when
  158  so enrolled and reported, and was eligible for services under s.
  159  1003.21(1)(e);.
  160         4. Enrolled in the Florida Virtual School; or
  161         5. Enrolled in the school district’s virtual education
  162  program or curriculum.
  163  
  164  However, a dependent child of a member of the United States
  165  Armed Forces who transfers to a school in this state from out of
  166  state or from a foreign country pursuant to a parent’s permanent
  167  change of station orders is exempt from this paragraph but must
  168  meet all other eligibility requirements to participate in the
  169  program.
  170         Section 4. Paragraphs (f) and (g) are added to subsection
  171  (4) of section 1004.55, Florida Statutes, to read:
  172         1004.55 Regional autism centers.—
  173         (4) Each center shall provide:
  174         (f) Coordination and dissemination of local and regional
  175  information regarding available resources for services for
  176  children with the developmental disabilities described in
  177  subsection (1).
  178         (g) Support to state agencies in the development of
  179  training for early child care providers and educators with
  180  respect to the developmental disabilities described in
  181  subsection (1).
  182         Section 5. Section 1012.582, Florida Statutes, is created
  183  to read:
  184         1012.582 Continuing education and inservice training for
  185  teaching students with developmental disabilities.—
  186         (1) Beginning with the 2010-2011 school year, the
  187  Department of Education shall incorporate the course curricula
  188  recommended by the Commissioner of Education, pursuant to
  189  subsection (2), into existing requirements for the continuing
  190  education or inservice training of instructional personnel. The
  191  requirements of this section may not add to the total hours
  192  required for continuing education or inservice training as
  193  currently established by the Department of Education.
  194         (2) The Commissioner of Education shall develop
  195  recommendations to incorporate autism spectrum disorder and
  196  other developmental disabilities awareness instruction into
  197  continuing education or inservice training requirements for
  198  instructional personnel. The commissioner shall recommend
  199  methods for teaching students who have autism spectrum disorder
  200  or developmental disabilities to be incorporated into continuing
  201  education and inservice and other training programs for
  202  instructional personnel, where appropriate. In developing the
  203  recommendations, the commissioner shall consult with the State
  204  Surgeon General, the director of the Agency for Persons with
  205  Disabilities, representatives from the education community in
  206  the state, and representatives from entities that promote
  207  awareness about autism spectrum disorder and other developmental
  208  disabilities and provide programs and services to persons with
  209  developmental disabilities, including, but not limited to,
  210  regional autism centers pursuant to s. 1004.55. The
  211  recommendations shall address, but not be limited to addressing:
  212         (a) Early identification of, and intervention for, students
  213  who have autism spectrum disorder or other developmental
  214  disabilities.
  215         (b) Curriculum planning and curricular and instructional
  216  modifications, adaptations, and specialized strategies and
  217  techniques.
  218         (c) Assistive technology.
  219         (d) Inclusive classroom educational practices, including
  220  use of collaborative partnerships.
  221         (e) The use of available state and local resources.
  222         (f) The use of positive behavioral supports.
  223         (3) The State Board of Education shall adopt rules pursuant
  224  to ss. 120.536(1) and 120.54 as necessary to implement this
  225  section.
  226         Section 6. This act shall take effect July 1, 2010.