September 22, 2020
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_h1073c1
CS for HB 1073 & HB 81

1
A bill to be entitled
2An act relating to the education of children with
3disabilities; amending s. 402.305, F.S.; requiring minimum
4training for child care personnel to include the
5identification and care of children with developmental
6disabilities; creating s. 1003.573, F.S.; providing
7definitions; specifying that manual physical restraint may
8be used by school personnel only in certain emergencies or
9when authorized by a comprehensive behavior intervention
10plan; requiring trained staff to evaluate the student
11after use of a manual physical restraint; requiring that
12the school attempt to notify the student's parent after
13use of a manual physical restraint; prohibiting the use of
14mechanical restraints and certain manual physical
15restraints; providing that seclusion may be used only in
16specified circumstances; providing for the termination of
17seclusion; prohibiting the use of seclusion as punishment;
18requiring that a school prepare an incident report after
19the use of manual physical restraint; specifying the
20contents of such report and providing for its submission
21to the Department of Education; requiring the development
22of school district policies and procedures; requiring the
23policies and procedures to be submitted to the department,
24published, and made available to parents; amending s.
251004.55, F.S.; requiring regional autism centers to
26provide certain support for serving children with
27developmental disabilities; creating s. 1012.582, F.S.;
28requiring the Commissioner of Education to develop
29recommendations to incorporate instruction relating to
30developmental disabilities into continuing education or
31inservice training requirements for instructional
32personnel; requiring the department to incorporate the
33course curricula into existing requirements for such
34education or training; authorizing the State Board of
35Education to adopt rules; providing an effective date.
36
37Be It Enacted by the Legislature of the State of Florida:
38
39     Section 1.  Paragraph (d) of subsection (2) of section
40402.305, Florida Statutes, is amended to read:
41     402.305  Licensing standards; child care facilities.-
42     (2)  PERSONNEL.-Minimum standards for child care personnel
43shall include minimum requirements as to:
44     (d)  Minimum training requirements for child care
45personnel.
46     1.  Such minimum standards for training shall ensure that
47all child care personnel take an approved 40-clock-hour
48introductory course in child care, which course covers at least
49the following topic areas:
50     a.  State and local rules and regulations which govern
51child care.
52     b.  Health, safety, and nutrition.
53     c.  Identifying and reporting child abuse and neglect.
54     d.  Child development, including typical and atypical
55language, cognitive, motor, social, and self-help skills
56development.
57     e.  Observation of developmental behaviors, including using
58a checklist or other similar observation tools and techniques to
59determine the child's developmental age level.
60     f.  Specialized areas, including computer technology for
61professional and classroom use and early literacy and language
62development of children from birth to 5 years of age, as
63determined by the department, for owner-operators and child care
64personnel of a child care facility.
65     g.  Developmental disabilities, including autism spectrum
66disorder, and early identification, use of available state and
67local resources, classroom integration, and positive behavioral
68supports for children with developmental disabilities.
69
70Within 90 days after employment, child care personnel shall
71begin training to meet the training requirements. Child care
72personnel shall successfully complete such training within 1
73year after the date on which the training began, as evidenced by
74passage of a competency examination. Successful completion of
75the 40-clock-hour introductory course shall articulate into
76community college credit in early childhood education, pursuant
77to ss. 1007.24 and 1007.25. Exemption from all or a portion of
78the required training shall be granted to child care personnel
79based upon educational credentials or passage of competency
80examinations. Child care personnel possessing a 2-year degree or
81higher that includes 6 college credit hours in early childhood
82development or child growth and development, or a child
83development associate credential or an equivalent state-approved
84child development associate credential, or a child development
85associate waiver certificate shall be automatically exempted
86from the training requirements in sub-subparagraphs b., d., and
87e.
88     2.  The introductory course in child care shall stress, to
89the extent possible, an interdisciplinary approach to the study
90of children.
91     3.  The introductory course shall cover recognition and
92prevention of shaken baby syndrome, prevention of sudden infant
93death syndrome, recognition and care of infants and toddlers
94with developmental disabilities, including autism spectrum
95disorder, and early childhood brain development within the topic
96areas identified in this paragraph.
97     4.  On an annual basis in order to further their child care
98skills and, if appropriate, administrative skills, child care
99personnel who have fulfilled the requirements for the child care
100training shall be required to take an additional 1 continuing
101education unit of approved inservice training, or 10 clock hours
102of equivalent training, as determined by the department.
103     5.  Child care personnel shall be required to complete 0.5
104continuing education unit of approved training or 5 clock hours
105of equivalent training, as determined by the department, in
106early literacy and language development of children from birth
107to 5 years of age one time. The year that this training is
108completed, it shall fulfill the 0.5 continuing education unit or
1095 clock hours of the annual training required in subparagraph 4.
110     6.  Procedures for ensuring the training of qualified child
111care professionals to provide training of child care personnel,
112including onsite training, shall be included in the minimum
113standards. It is recommended that the state community child care
114coordination agencies (central agencies) be contracted by the
115department to coordinate such training when possible. Other
116district educational resources, such as community colleges and
117career programs, can be designated in such areas where central
118agencies may not exist or are determined not to have the
119capability to meet the coordination requirements set forth by
120the department.
121     7.  Training requirements shall not apply to certain
122occasional or part-time support staff, including, but not
123limited to, swimming instructors, piano teachers, dance
124instructors, and gymnastics instructors.
125     8.  The department shall evaluate or contract for an
126evaluation for the general purpose of determining the status of
127and means to improve staff training requirements and testing
128procedures. The evaluation shall be conducted every 2 years. The
129evaluation shall include, but not be limited to, determining the
130availability, quality, scope, and sources of current staff
131training; determining the need for specialty training; and
132determining ways to increase inservice training and ways to
133increase the accessibility, quality, and cost-effectiveness of
134current and proposed staff training. The evaluation methodology
135shall include a reliable and valid survey of child care
136personnel.
137     9.  The child care operator shall be required to take basic
138training in serving children with disabilities within 5 years
139after employment, either as a part of the introductory training
140or the annual 8 hours of inservice training.
141     Section 2.  Section 1003.573, Florida Statutes, is created
142to read:
143     1003.573  Use, monitoring, and reduction of unnecessary
144seclusion and restraint on students with disabilities in public
145schools.-
146     (1)  DEFINITIONS.-As used in this section, the term:
147     (a)  "Imminent risk of disruption or damage to the
148environment" means a high probability of disruption or damage to
149property which is likely to endanger the safety of others.
150     (b)  "Imminent risk of injury to the student or others"
151means a high probability of injury, such as a laceration, bone
152fracture, hematoma, bruise, or injury to internal organs.
153     (c)  "Manual physical restraint" means the use of a
154physical restraint technique that involves physical force
155applied to restrict the movement of all or part of a student's
156body for purposes of protecting the student.
157     (d)  "Mechanical restraint" means a physical device used to
158restrict a student's movement or restrict the normal function of
159a student's body for purposes of protecting the student. This
160term includes, but is not limited to, belts, vests, helmets,
161padded mittens, tie-downs, chairs with straps, and seatbelts.
162This term does not include:
163     1.  Medical protective equipment prescribed by a physician
164or dentist;
165     2.  Physical equipment or orthopedic appliances, surgical
166dressings or bandages, or supportive body bands or other
167restraints necessary for medical treatment that is ongoing in
168the educational setting;
169     3.  Devices used only for the purpose of supporting
170functional body position or proper balance or preventing a
171person from falling out of a bed or a wheelchair; or
172     4.  Equipment used for safety during transportation, such
173as seatbelts or wheelchair tie-downs.
174     (e)  "Seclusion" means removing a student from an
175educational environment, confining the student in a room, and
176preventing the student from leaving the room by locking or
177otherwise physically blocking the student's exit from the room.
178This term does not include the use of a time-out. As used in
179this paragraph, the term "time-out" means a procedure in which
180access to varied sources of reinforcement is removed or reduced
181for a particular time period.
182     (f)  "Student" means a student with a disability.
183     (2)  USE OF MANUAL PHYSICAL RESTRAINT.-
184     (a)  School personnel may use a manual physical restraint
185on a student only:
186     1.  When there is an imminent risk of injury to the student
187or others;
188     2.  When there is an imminent risk of disruption or damage
189to the environment; or
190     3.  When authorized by a comprehensive behavior
191intervention plan developed by a certified behavior analyst and
192approved by an individual educational plan team.
193     (b)  School personnel shall limit the use of a manual
194physical restraint to the duration necessary to eliminate the
195circumstances necessitating the use of the restraint under
196paragraph (a).
197     (c)  The school shall have a student evaluated by staff
198trained to monitor the physical condition of a student as soon
199as possible after the student has been manually physically
200restrained by school personnel.
201     (d)  Each time a manual physical restraint is used, the
202school shall attempt to notify the student's parent before the
203end of the school day on which the restraint occurs.
204     (3)  PROHIBITED RESTRAINT.-School personnel shall not use a
205mechanical restraint on a student or a manual physical restraint
206that restricts a student's breathing.
207     (4)  SECLUSION.-
208     (a)  Seclusion may be used only when a manual physical
209restraint is highly likely to lead to injury to the student and:
210     1.a.  There is an imminent risk of injury to the student or
211others;
212     b.  There is an imminent risk of disruption or damage to
213the environment; or
214     c.  The seclusion is authorized by a comprehensive behavior
215intervention plan developed by a certified behavior analyst and
216approved by an individual educational plan team.
217     2.  School personnel have unsuccessfully tried other
218interventions.
219     3.  School personnel constantly observe the student for the
220duration of the seclusion.
221     (b)  The seclusion must end immediately when the student is
222sufficiently calm to return to his or her educational
223environment.
224     (c)  Seclusion may not be used as a punishment for a
225student's behavior.
226     (5)  INCIDENT REPORTING.-
227     (a)  A school shall prepare an incident report by the close
228of the second business day after a student is released from a
229manual physical restraint, which shall include:
230     1.  The name of the student restrained.
231     2.  The date, time, and location of the incident and the
232duration and type of the restraint.
233     3.  The names of the persons restraining or assisting in
234the restraint of the student.
235     4.  The specific positive behavioral strategies used to
236prevent and deescalate the behavior.
237     5.  Steps taken to notify the parent.
238     (b)  Incident reports prepared pursuant to this subsection
239shall be provided to the Department of Education each month that
240the school is in session.
241     (6)  DISTRICT POLICIES AND PROCEDURES.-
242     (a)  School districts shall develop policies and procedures
243consistent with this section regarding:
244     1.  The prohibition of the use of mechanical restraints on
245students.
246     2.  The appropriate use of manual physical restraints and
247seclusion on students.
248     3.  Personnel authorized to use manual physical restraints.
249     4.  Incident-reporting procedures.
250     (b)  Each school district shall:
251     1.  Provide the policies and procedures required under this
252subsection to the department no later than January 31, 2011.
253     2.  Publish the policies and procedures required under this
254subsection in the district's special policies and procedures
255manual.
256     3.  Make available to the parents of its students, at the
257beginning of each school year, its policies regarding the use of
258manual physical restraint and seclusion. Such policies may be
259provided by mail or electronic mail or published on the school
260district's website.
261     Section 3.  Paragraphs (f) and (g) are added to subsection
262(4) of section 1004.55, Florida Statutes, to read:
263     1004.55  Regional autism centers.-
264     (4)  Each center shall provide:
265     (f)  Coordination and dissemination of local and regional
266information regarding available resources for services for
267children with the developmental disabilities described in
268subsection (1).
269     (g)  Support to state agencies in the development of
270training for early child care providers and educators with
271respect to the developmental disabilities described in
272subsection (1).
273     Section 4.  Section 1012.582, Florida Statutes, is created
274to read:
275     1012.582  Continuing education and inservice training for
276teaching students with developmental disabilities.-
277     (1)  The Commissioner of Education shall develop
278recommendations to incorporate instruction regarding autism
279spectrum disorder and other developmental disabilities into
280continuing education or inservice training requirements for
281instructional personnel. These recommendations shall address:
282     (a)  Early identification of, and intervention for,
283students who have autism spectrum disorder or other
284developmental disabilities.
285     (b)  Curriculum planning and curricular and instructional
286modifications, adaptations, and specialized strategies and
287techniques.
288     (c)  The use of available state and local resources.
289     (d)  The use of positive behavioral supports to deescalate
290problem behaviors.
291     (e)  Appropriate use of manual physical restraint and
292seclusion techniques.
293     (2)  In developing the recommendations, the commissioner
294shall consult with the State Surgeon General, the Director of
295the Agency for Persons with Disabilities, representatives from
296the education community in the state, and representatives from
297entities that promote awareness about autism spectrum disorder
298and other developmental disabilities and provide programs and
299services to persons with developmental disabilities, including,
300but not limited to, regional autism centers pursuant to s.
3011004.55.
302     (3)  Beginning with the 2010-2011 school year, the
303Department of Education shall incorporate the course curricula
304recommended by the Commissioner of Education, pursuant to
305subsection (1), into existing requirements for the continuing
306education or inservice training of instructional personnel. The
307requirements of this section may not add to the total hours
308required for continuing education or inservice training as
309currently established by the department.
310     (4)  The State Board of Education may adopt rules pursuant
311to ss. 120.536(1) and 120.54 to implement this section.
312     Section 5.  This act shall take effect July 1, 2010.


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