September 22, 2020
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_h1073c2
CS/CS for HB 1073 & HB 81

1
A bill to be entitled
2An act relating to persons with disabilities; amending s.
3393.067, F.S.; revising provisions relating to licensure
4and standards for facilities and programs for persons with
5developmental disabilities; amending s. 393.13, F.S.;
6revising rights for persons with developmental
7disabilities; amending s. 402.305, F.S.; requiring minimum
8training for child care personnel to include the
9identification and care of children with developmental
10disabilities; creating s. 1003.573, F.S.; requiring that
11each school prepare an incident report within a specified
12period after each occasion of student restraint or
13seclusion; specifying the contents of such report;
14requiring that each school notify a student's parent or
15guardian if manual physical restraint or seclusion is
16used; requiring certain reporting and monitoring;
17requiring that each school district develop and revise
18policies and procedures governing the incident reports,
19data collection, and the monitoring and reporting of such
20data; prohibiting school personnel from using mechanical
21restraint on a student or a manual physical restraint that
22restricts a student's breathing; prohibiting school
23personnel from closing, locking, or physically blocking a
24student in a room that is unlit and does not meet the
25rules of the State Fire Marshal for seclusion time-out
26rooms; amending s. 1004.55, F.S.; requiring regional
27autism centers to provide certain support for serving
28children with developmental disabilities; creating s.
291012.582, F.S.; requiring the Commissioner of Education to
30develop recommendations to incorporate instruction
31relating to developmental disabilities into continuing
32education or inservice training requirements for
33instructional personnel; requiring the Department of
34Education to incorporate the course curricula into
35existing requirements for such education or training;
36authorizing the State Board of Education to adopt rules;
37requiring the Division of Vocational Rehabilitation within
38the Department of Education to develop an implementation
39plan for the establishment of a state vocational college
40for persons with developmental disabilities subject to
41legislative authorization and appropriation of funding;
42providing an effective date.
43
44Be It Enacted by the Legislature of the State of Florida:
45
46     Section 1.  Paragraph (h) of subsection (4) and subsections
47(7) and (9) of section 393.067, Florida Statutes, are amended to
48read:
49     393.067  Facility licensure.-
50     (4)  The application shall be under oath and shall contain
51the following:
52     (h)  Certification that the staff of the facility or
53program will receive training to detect, report, and prevent
54sexual abuse, abuse, neglect, exploitation, and abandonment, as
55defined in ss. 39.01 and 415.102, of residents and clients.
56     (7)  The agency shall adopt rules establishing minimum
57standards for facilities and programs licensed under this
58section, including rules requiring facilities and programs to
59train staff to detect, report, and prevent sexual abuse, abuse,
60neglect, exploitation, and abandonment, as defined in ss. 39.01
61and 415.102, of residents and clients, minimum standards of
62quality and adequacy of client care, incident reporting
63requirements, and uniform firesafety standards established by
64the State Fire Marshal which are appropriate to the size of the
65facility or of the component centers or units of the program.
66     (9)  The agency may conduct unannounced inspections to
67determine compliance by foster care facilities, group home
68facilities, residential habilitation centers, and comprehensive
69transitional education programs with the applicable provisions
70of this chapter and the rules adopted pursuant hereto, including
71the rules adopted for training staff of a facility or a program
72to detect, report, and prevent sexual abuse, abuse, neglect,
73exploitation, and abandonment, as defined in ss. 39.01 and
74415.102, of residents and clients. The facility or program shall
75make copies of inspection reports available to the public upon
76request.
77     Section 2.  Paragraph (a) of subsection (3) of section
78393.13, Florida Statutes, is amended to read:
79     393.13  Treatment of persons with developmental
80disabilities.-
81     (3)  RIGHTS OF ALL PERSONS WITH DEVELOPMENTAL
82DISABILITIES.-The rights described in this subsection shall
83apply to all persons with developmental disabilities, whether or
84not such persons are clients of the agency.
85     (a)  Persons with developmental disabilities shall have a
86right to dignity, privacy, and humane care, including the right
87to be free from abuse, including sexual abuse, neglect, and
88exploitation in residential facilities.
89     Section 3.  Paragraph (d) of subsection (2) of section
90402.305, Florida Statutes, is amended to read:
91     402.305  Licensing standards; child care facilities.-
92     (2)  PERSONNEL.-Minimum standards for child care personnel
93shall include minimum requirements as to:
94     (d)  Minimum training requirements for child care
95personnel.
96     1.  Such minimum standards for training shall ensure that
97all child care personnel take an approved 40-clock-hour
98introductory course in child care, which course covers at least
99the following topic areas:
100     a.  State and local rules and regulations which govern
101child care.
102     b.  Health, safety, and nutrition.
103     c.  Identifying and reporting child abuse and neglect.
104     d.  Child development, including typical and atypical
105language, cognitive, motor, social, and self-help skills
106development.
107     e.  Observation of developmental behaviors, including using
108a checklist or other similar observation tools and techniques to
109determine the child's developmental age level.
110     f.  Specialized areas, including computer technology for
111professional and classroom use and early literacy and language
112development of children from birth to 5 years of age, as
113determined by the department, for owner-operators and child care
114personnel of a child care facility.
115     g.  Developmental disabilities, including autism spectrum
116disorder and Down syndrome, and early identification, use of
117available state and local resources, classroom integration, and
118positive behavioral supports for children with developmental
119disabilities.
120
121Within 90 days after employment, child care personnel shall
122begin training to meet the training requirements. Child care
123personnel shall successfully complete such training within 1
124year after the date on which the training began, as evidenced by
125passage of a competency examination. Successful completion of
126the 40-clock-hour introductory course shall articulate into
127community college credit in early childhood education, pursuant
128to ss. 1007.24 and 1007.25. Exemption from all or a portion of
129the required training shall be granted to child care personnel
130based upon educational credentials or passage of competency
131examinations. Child care personnel possessing a 2-year degree or
132higher that includes 6 college credit hours in early childhood
133development or child growth and development, or a child
134development associate credential or an equivalent state-approved
135child development associate credential, or a child development
136associate waiver certificate shall be automatically exempted
137from the training requirements in sub-subparagraphs b., d., and
138e.
139     2.  The introductory course in child care shall stress, to
140the extent possible, an interdisciplinary approach to the study
141of children.
142     3.  The introductory course shall cover recognition and
143prevention of shaken baby syndrome, prevention of sudden infant
144death syndrome, recognition and care of infants and toddlers
145with developmental disabilities, including autism spectrum
146disorder and Down syndrome, and early childhood brain
147development within the topic areas identified in this paragraph.
148     4.  On an annual basis in order to further their child care
149skills and, if appropriate, administrative skills, child care
150personnel who have fulfilled the requirements for the child care
151training shall be required to take an additional 1 continuing
152education unit of approved inservice training, or 10 clock hours
153of equivalent training, as determined by the department.
154     5.  Child care personnel shall be required to complete 0.5
155continuing education unit of approved training or 5 clock hours
156of equivalent training, as determined by the department, in
157early literacy and language development of children from birth
158to 5 years of age one time. The year that this training is
159completed, it shall fulfill the 0.5 continuing education unit or
1605 clock hours of the annual training required in subparagraph 4.
161     6.  Procedures for ensuring the training of qualified child
162care professionals to provide training of child care personnel,
163including onsite training, shall be included in the minimum
164standards. It is recommended that the state community child care
165coordination agencies (central agencies) be contracted by the
166department to coordinate such training when possible. Other
167district educational resources, such as community colleges and
168career programs, can be designated in such areas where central
169agencies may not exist or are determined not to have the
170capability to meet the coordination requirements set forth by
171the department.
172     7.  Training requirements shall not apply to certain
173occasional or part-time support staff, including, but not
174limited to, swimming instructors, piano teachers, dance
175instructors, and gymnastics instructors.
176     8.  The department shall evaluate or contract for an
177evaluation for the general purpose of determining the status of
178and means to improve staff training requirements and testing
179procedures. The evaluation shall be conducted every 2 years. The
180evaluation shall include, but not be limited to, determining the
181availability, quality, scope, and sources of current staff
182training; determining the need for specialty training; and
183determining ways to increase inservice training and ways to
184increase the accessibility, quality, and cost-effectiveness of
185current and proposed staff training. The evaluation methodology
186shall include a reliable and valid survey of child care
187personnel.
188     9.  The child care operator shall be required to take basic
189training in serving children with disabilities within 5 years
190after employment, either as a part of the introductory training
191or the annual 8 hours of inservice training.
192     Section 4.  Section 1003.573, Florida Statutes, is created
193to read:
194     1003.573  Use of seclusion and restraint on students with
195disabilities.-
196     (1)  DOCUMENTATION AND REPORTING.-
197     (a)  A school shall prepare an incident report within 24
198hours after a student is released from restraint or seclusion.
199If the student's release occurs on a day before the school
200closes for the weekend, a holiday, or another reason, the
201incident report must be completed by the end of the school day
202on the day the school reopens.
203     (b)  The following must be included in the incident report:
204     1.  The name of the student restrained or secluded.
205     2.  The date and time of the event and the duration of the
206restraint or seclusion.
207     3.  The location at which the restraint or seclusion
208occurred.
209     4.  The type of restraint used.
210     5.  The name of the person using or assisting in the
211restraint or seclusion of the student.
212     6.  The name of any nonstudent who was present to witness
213the restraint or seclusion.
214     7.  A description of the incident, including:
215     a.  The context in which the restraint or seclusion
216occurred.
217     b.  The student's behavior leading up to and precipitating
218the decision to use manual physical restraint or seclusion,
219including an indication as to why there was an imminent risk of
220serious injury or death to the student or others.
221     c.  The specific positive behavioral strategies used to
222prevent and deescalate the behavior.
223     d.  What occurred with the student immediately after the
224termination of the restraint or seclusion.
225     e.  Any injuries, visible marks, or possible medical
226emergencies that may have occurred during the restraint or
227seclusion, documented according to district policies.
228     f.  Evidence of steps taken to notify the student's parent
229or guardian.
230     (c)  A school shall notify the parent or guardian of a
231student each time manual physical restraint or seclusion is
232used. Such notification must be in writing and provided before
233the end of the school day on which the restraint or seclusion
234occurs. Reasonable efforts must also be taken to notify the
235parent or guardian by telephone or computer e-mail, or both, and
236these efforts must be documented. The school shall obtain, and
237keep in its records, the parent's or guardian's signed
238acknowledgement that he or she was notified of his or her
239child's restraint or seclusion.
240     (d)  A school shall also provide the parent or guardian
241with the completed incident report in writing by mail within 3
242school days after a student was manually physically restrained
243or secluded. The school shall obtain, and keep in its records,
244the parent's or guardian's signed acknowledgement that he or she
245received a copy of the incident report.
246     (2)  MONITORING.-
247     (a)  Monitoring of the use of manual physical restraint or
248seclusion on students shall occur at the classroom, building,
249district, and state levels.
250     (b)  Beginning July 1, 2010, documentation prepared as
251required in subsection (1) shall be provided to the school
252principal, the district director of Exceptional Student
253Education, and the bureau chief of the Bureau of Exceptional
254Education and Student Services electronically each month that
255the school is in session.
256     (c)  The department shall maintain aggregate data of
257incidents of manual physical restraint and seclusion and
258disaggregate the data for analysis by county, school, student
259exceptionality, and other variables. This information shall be
260updated monthly.
261     (3)  SCHOOL DISTRICT POLICIES AND PROCEDURES.-
262     (a)  Each school district shall develop policies and
263procedures that are consistent with this section and that govern
264the following:
265     1.  Incident-reporting procedures.
266     2.  Data collection.
267     3.  Monitoring and reporting of data collected.
268     (b)  Any revisions to such policies and procedures, which
269must be prepared as part of the school district's special
270policies and procedures, must be filed with the bureau chief of
271the Bureau of Exceptional Education and Student Services no
272later than January 31, 2011.
273     (4)  PROHIBITED RESTRAINT.-School personnel may not use a
274mechanical restraint on a student or a manual physical restraint
275that restricts a student's breathing.
276     (5)  SECLUSION.-School personnel may not close, lock, or
277physically block a student in a room that is unlit and does not
278meet the rules of the State Fire Marshal for seclusion time-out
279rooms.
280     Section 5.  Paragraphs (f) and (g) are added to subsection
281(4) of section 1004.55, Florida Statutes, to read:
282     1004.55  Regional autism centers.-
283     (4)  Each center shall provide:
284     (f)  Coordination and dissemination of local and regional
285information regarding available resources for services for
286children with the developmental disabilities described in
287subsection (1).
288     (g)  Support to state agencies in the development of
289training for early child care providers and educators with
290respect to the developmental disabilities described in
291subsection (1).
292     Section 6.  Section 1012.582, Florida Statutes, is created
293to read:
294     1012.582  Continuing education and inservice training for
295teaching students with developmental disabilities.-
296     (1)  The Commissioner of Education shall develop
297recommendations to incorporate instruction regarding autism
298spectrum disorder, Down syndrome, and other developmental
299disabilities into continuing education or inservice training
300requirements for instructional personnel. These recommendations
301shall address:
302     (a)  Early identification of, and intervention for,
303students who have autism spectrum disorder, Down syndrome, or
304other developmental disabilities.
305     (b)  Curriculum planning and curricular and instructional
306modifications, adaptations, and specialized strategies and
307techniques.
308     (c)  The use of available state and local resources.
309     (d)  The use of positive behavioral supports to deescalate
310problem behaviors.
311     (e)  Appropriate use of manual physical restraint and
312seclusion techniques.
313     (2)  In developing the recommendations, the commissioner
314shall consult with the State Surgeon General, the Director of
315the Agency for Persons with Disabilities, representatives from
316the education community in the state, and representatives from
317entities that promote awareness about autism spectrum disorder,
318Down syndrome, and other developmental disabilities and provide
319programs and services to persons with developmental
320disabilities, including, but not limited to, regional autism
321centers pursuant to s. 1004.55.
322     (3)  Beginning with the 2010-2011 school year, the
323Department of Education shall incorporate the course curricula
324recommended by the Commissioner of Education, pursuant to
325subsection (1), into existing requirements for the continuing
326education or inservice training of instructional personnel. The
327requirements of this section may not add to the total hours
328required for continuing education or inservice training as
329currently established by the department.
330     (4)  The State Board of Education may adopt rules pursuant
331to ss. 120.536(1) and 120.54 to implement this section.
332     Section 7.  Subject to legislative authorization and
333appropriation of funding, the Division of Vocational
334Rehabilitation within the Department of Education shall develop
335an implementation plan for the establishment of a state
336vocational college for persons with developmental disabilities.
337     Section 8.  This act shall take effect July 1, 2010.


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