Florida Senate - 2013                                    SB 1682
       
       
       
       By Senator Joyner
       
       
       
       
       19-00570-13                                           20131682__
    1                        A bill to be entitled                      
    2         An act relating to religious-exempt child care
    3         programs; amending s. 402.302, F.S.; defining the term
    4         “boarding school”; amending s. 402.316, F.S.;
    5         providing for a child care program affiliated with a
    6         religious congregation or religious boarding school to
    7         be exempt from regulation by the Department of
    8         Children and Families as a religious-exempt child care
    9         program; requiring religious-exempt child care
   10         programs to display a certificate of compliance issued
   11         by an accrediting agency recognized by the department;
   12         providing requirements for accrediting agencies
   13         recognized by the department; requiring a recognized
   14         accrediting agency to conduct an initial onsite
   15         review; providing timeframes within which child care
   16         programs must meet the requirements for training and
   17         credentials; requiring recognized accrediting agencies
   18         for religious-exempt child care programs to submit
   19         standards to the department; requiring the department
   20         to create and maintain a list of recognized
   21         accrediting agencies; providing that the act does not
   22         authorize the department to regulate specified
   23         elements of a religious-exempt child care program;
   24         requiring that the department notify recognized
   25         accrediting agencies of any revision in standards;
   26         requiring that a recognized accrediting agency submit
   27         an annual report; providing timeframes within which an
   28         exempt child care program must notify an accrediting
   29         agency of its transfer and termination of
   30         accreditation; prohibiting a recognized accrediting
   31         agency for religious exemption from owning, operating,
   32         or administering certain programs; requiring the
   33         department to facilitate an annual meeting; providing
   34         an effective date.
   35  
   36  Be It Enacted by the Legislature of the State of Florida:
   37  
   38         Section 1. Present subsections (1) through (18) of section
   39  402.302, Florida Statutes, are renumbered as subsections (2)
   40  through (19), respectively, and a new subsection (1) is added to
   41  that section, to read:
   42         402.302 Definitions.—As used in this chapter, the term:
   43         (1) “Boarding school” means a school that is accredited by
   44  the Florida Council of Independent Schools or the Southern
   45  Association of Colleges and Schools; which is accredited by the
   46  Council on Accreditation, the Commission on Accreditation of
   47  Rehabilitation Facilities, or the Coalition for Residential
   48  Education; and which is registered with the Department of
   49  Education as a school and that must meet all of the following
   50  criteria within 3 years of the effective date of this act:
   51         (a)Its program must follow established school schedules,
   52  with holiday breaks and summer recesses in accordance with other
   53  public and private school programs.
   54         (b) With the exception of foreign students, the children in
   55  residence must customarily return to their family homes or legal
   56  guardians during school breaks and must not be in residence
   57  year-round.
   58         (c)Parents of the children in residence must retain
   59  planning and financial responsibility for and custody of their
   60  children. A boarding school must provide proof of accreditation
   61  or documentation of the accreditation process upon request. A
   62  boarding school that cannot produce the required documentation
   63  or that has not registered with the Department of Education
   64  shall be considered to be providing residential group care
   65  without a license. The Department of Children and Families may
   66  impose administrative sanctions or seek civil remedies as
   67  provided under s. 409.175(11)(a).
   68         Section 2. Section 402.316, Florida Statutes, is amended to
   69  read:
   70         (Substantial rewording of section. See s. 402.316,
   71         F.S., for present text.)
   72         402.316 Exemption for child care program, weekday preschool
   73  program, or boarding school accredited by a recognized
   74  accrediting agency for religious exemption.—
   75         (1) A child care program, weekday preschool program, or
   76  boarding school qualifies for religious exemption if the program
   77  or boarding school is an integral part of an established
   78  religious congregation or religious school that conducts
   79  regularly scheduled classes, courses of study, or educational
   80  programs, and is a member or participant of, or accredited by a
   81  state, regional, or national accrediting agency for religious
   82  exemption which is recognized by the Department of Children and
   83  Families. A child care program, weekday preschool program, or
   84  boarding school that qualifies as a religious-exempt child care
   85  program may choose to be exempt from or to be voluntarily
   86  licensed under ss. 402.301-402.319. However, a religious-exempt
   87  child care program that chooses to be exempt from these sections
   88  still must meet the screening requirements in ss. 402.305 and
   89  402.3055 and must display in a conspicuous location in the
   90  facility a certificate of compliance issued by a recognized
   91  accrediting agency for religious exemption. Failure to post the
   92  certificate of compliance in a conspicuous location will result
   93  in an administrative action as determined by the standards of
   94  the program’s accrediting agency for religious exemption.
   95         (2) In a county in which a local licensing agency is
   96  approved by the department, the local licensing agency may
   97  continue to recognize a county accrediting agency for religious
   98  exemption.
   99         (3) The department shall verify an accrediting agency as a
  100  recognized accrediting agency for religious exemption if the
  101  accrediting agency:
  102         (a) Adopts minimum standards for operating a child care
  103  program or weekday preschool program which meet or exceed the
  104  department’s minimum standards set forth in s. 402.305.
  105         (b) Publishes its minimum standards and requires a child
  106  care program, weekday preschool program, or boarding school that
  107  is a member or participant of, or accredited by, the agency to
  108  comply with the accrediting agency’s minimum standards.
  109         (c) Requires a program that is a member or participant of,
  110  or accredited by, the agency to meet the minimum requirements of
  111  the local governing body with respect to health, sanitation, and
  112  safety, including minimum requirements for environmental health,
  113  fire safety, zoning, and building codes, and provides that the
  114  applicable local governing body has enforcement authority over
  115  such members or participants with respect to their compliance
  116  with all such minimum requirements.
  117         (d) Requires a program that is a member or participant of,
  118  or accredited by, the agency to inform parents that the program
  119  is exempt from state licensing requirements but meets the
  120  standards of the program’s accrediting agency, which meet or
  121  exceed the department’s minimum standards.
  122         (e) Conducts an initial onsite review of each program that
  123  is a member or participant of, or accredited by, the agency.
  124  Each year thereafter, each program must submit to the
  125  accrediting agency a notarized statement verifying compliance
  126  with applicable state laws and the accrediting agency’s
  127  published minimum standards.
  128         (f) Requires child care personnel employed by a program
  129  that is a member or participant of, or accredited by, the agency
  130  to comply with standards that meet or exceed the standards
  131  established in s. 402.305.
  132         (4)A recognized accrediting agency for religious exemption
  133  shall require child care personnel to take a 40-clock-hour
  134  introductory course in child care, approved by the department,
  135  by October 1, 2013, or within 90 days after the date on which
  136  the training begins. In addition, a recognized accrediting
  137  agency shall require a program that is a member or participant
  138  of, or accredited by, the agency to meet or exceed the
  139  requirements for staff credentials established in s. 402.305 by
  140  July 1, 2016. The department and accrediting agencies for
  141  religious exemption shall work collaboratively to expedite the
  142  approval of equivalency programs developed by the accrediting
  143  agencies.
  144         (5) Each accrediting agency for religious exemption that
  145  seeks recognition by the department under this section shall
  146  submit a copy of its published standards to the department for
  147  review. The department shall review these standards within 30
  148  days after submission. The department shall recognize an
  149  accrediting agency if the agency is in compliance with
  150  subsection (3). The department shall create and maintain a
  151  complete and accurate list of all recognized accrediting
  152  agencies for religious exemption which includes their respective
  153  standards.
  154         (6) This section does not authorize the department to
  155  regulate or control an accrediting agency for religious
  156  exemption or to regulate or control the governance, religious
  157  curriculum, academic curriculum, testing or assessments,
  158  evaluation procedures, academic requirements of the staff,
  159  discipline, or hiring practices of any religious-exempt child
  160  care program.
  161         (7) The department shall distribute to each recognized
  162  accrediting agency for religious exemption any revision made to
  163  the department’s minimum standards within 30 days after the
  164  revision is adopted. Within 30 days after the receipt of revised
  165  minimum standards from the department, each recognized
  166  accrediting agency for religious exemption shall notify the
  167  department by written statement documenting that the agency has
  168  notified each religious-exempt program of the revised standards.
  169  The new standards must be incorporated during the next revision
  170  of the accrediting agency’s minimum standards. Each recognized
  171  accrediting agency for religious exemption shall prepare and
  172  submit to the department an annual report that includes an
  173  updated listing of programs that are members or participants of,
  174  or accredited by, that agency and must submit a written notice
  175  of a new program coming into affiliation thereafter, or
  176  terminating affiliation, within 30 days after such action. A
  177  religious-exempt child care program that transfers its
  178  affiliation from one accrediting agency to another must notify
  179  the accrediting agency from which it is transferring 30 days
  180  before the transfer.
  181         (8) A recognized accrediting agency for religious exemption
  182  may not own, operate, or administer a child care program or
  183  weekday preschool program under its certificate of approval. A
  184  religious-exempt child care or weekday preschool program is
  185  solely responsible for its day-to-day operations and compliance
  186  with applicable state laws and shall meet the minimum standards
  187  of its accrediting agency for religious exemption.
  188         (9) The department shall facilitate an annual meeting with
  189  the accrediting agencies for religious exemption, health and
  190  safety of children in child care and preschool programs.
  191         Section 3. This act shall take effect July 1, 2013.