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.