September 22, 2020
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_h1073er
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 a mechanical
21restraint or a manual physical restraint that restricts a
22student's breathing; prohibiting school personnel from
23closing, locking, or physically blocking a student in a
24room that is unlit and does not meet the rules of the
25State Fire Marshal for seclusion time-out rooms; amending
26s. 1004.55, F.S.; requiring regional autism centers to
27provide certain support for serving children with
28developmental disabilities; creating s. 1012.582, F.S.;
29requiring the Commissioner of Education to develop
30recommendations to incorporate instruction relating to
31developmental disabilities into continuing education or
32inservice training requirements for instructional
33personnel; requiring the Department of Education to
34incorporate the course curricula into existing
35requirements for such education or training; authorizing
36the State Board of Education to adopt rules; providing an
37effective date.
38
39Be It Enacted by the Legislature of the State of Florida:
40
41     Section 1.  Paragraph (h) of subsection (4) and subsections
42(7) and (9) of section 393.067, Florida Statutes, are amended to
43read:
44     393.067  Facility licensure.-
45     (4)  The application shall be under oath and shall contain
46the following:
47     (h)  Certification that the staff of the facility or
48program will receive training to detect, report, and prevent
49sexual abuse, abuse, neglect, exploitation, and abandonment, as
50defined in ss. 39.01 and 415.102, of residents and clients.
51     (7)  The agency shall adopt rules establishing minimum
52standards for facilities and programs licensed under this
53section, including rules requiring facilities and programs to
54train staff to detect, report, and prevent sexual abuse, abuse,
55neglect, exploitation, and abandonment, as defined in ss. 39.01
56and 415.102, of residents and clients, minimum standards of
57quality and adequacy of client care, incident reporting
58requirements, and uniform firesafety standards established by
59the State Fire Marshal which are appropriate to the size of the
60facility or of the component centers or units of the program.
61     (9)  The agency may conduct unannounced inspections to
62determine compliance by foster care facilities, group home
63facilities, residential habilitation centers, and comprehensive
64transitional education programs with the applicable provisions
65of this chapter and the rules adopted pursuant hereto, including
66the rules adopted for training staff of a facility or a program
67to detect, report, and prevent sexual abuse, abuse, neglect,
68exploitation, and abandonment, as defined in ss. 39.01 and
69415.102, of residents and clients. The facility or program shall
70make copies of inspection reports available to the public upon
71request.
72     Section 2.  Paragraph (a) of subsection (3) of section
73393.13, Florida Statutes, is amended to read:
74     393.13  Treatment of persons with developmental
75disabilities.-
76     (3)  RIGHTS OF ALL PERSONS WITH DEVELOPMENTAL
77DISABILITIES.-The rights described in this subsection shall
78apply to all persons with developmental disabilities, whether or
79not such persons are clients of the agency.
80     (a)  Persons with developmental disabilities shall have a
81right to dignity, privacy, and humane care, including the right
82to be free from abuse, including sexual abuse, neglect, and
83exploitation in residential facilities.
84     Section 3.  Paragraph (d) of subsection (2) of section
85402.305, Florida Statutes, is amended to read:
86     402.305  Licensing standards; child care facilities.-
87     (2)  PERSONNEL.-Minimum standards for child care personnel
88shall include minimum requirements as to:
89     (d)  Minimum training requirements for child care
90personnel.
91     1.  Such minimum standards for training shall ensure that
92all child care personnel take an approved 40-clock-hour
93introductory course in child care, which course covers at least
94the following topic areas:
95     a.  State and local rules and regulations which govern
96child care.
97     b.  Health, safety, and nutrition.
98     c.  Identifying and reporting child abuse and neglect.
99     d.  Child development, including typical and atypical
100language, cognitive, motor, social, and self-help skills
101development.
102     e.  Observation of developmental behaviors, including using
103a checklist or other similar observation tools and techniques to
104determine the child's developmental age level.
105     f.  Specialized areas, including computer technology for
106professional and classroom use and early literacy and language
107development of children from birth to 5 years of age, as
108determined by the department, for owner-operators and child care
109personnel of a child care facility.
110     g.  Developmental disabilities, including autism spectrum
111disorder and Down syndrome, and early identification, use of
112available state and local resources, classroom integration, and
113positive behavioral supports for children with developmental
114disabilities.
115
116Within 90 days after employment, child care personnel shall
117begin training to meet the training requirements. Child care
118personnel shall successfully complete such training within 1
119year after the date on which the training began, as evidenced by
120passage of a competency examination. Successful completion of
121the 40-clock-hour introductory course shall articulate into
122community college credit in early childhood education, pursuant
123to ss. 1007.24 and 1007.25. Exemption from all or a portion of
124the required training shall be granted to child care personnel
125based upon educational credentials or passage of competency
126examinations. Child care personnel possessing a 2-year degree or
127higher that includes 6 college credit hours in early childhood
128development or child growth and development, or a child
129development associate credential or an equivalent state-approved
130child development associate credential, or a child development
131associate waiver certificate shall be automatically exempted
132from the training requirements in sub-subparagraphs b., d., and
133e.
134     2.  The introductory course in child care shall stress, to
135the extent possible, an interdisciplinary approach to the study
136of children.
137     3.  The introductory course shall cover recognition and
138prevention of shaken baby syndrome, prevention of sudden infant
139death syndrome, recognition and care of infants and toddlers
140with developmental disabilities, including autism spectrum
141disorder and Down syndrome, and early childhood brain
142development within the topic areas identified in this paragraph.
143     4.  On an annual basis in order to further their child care
144skills and, if appropriate, administrative skills, child care
145personnel who have fulfilled the requirements for the child care
146training shall be required to take an additional 1 continuing
147education unit of approved inservice training, or 10 clock hours
148of equivalent training, as determined by the department.
149     5.  Child care personnel shall be required to complete 0.5
150continuing education unit of approved training or 5 clock hours
151of equivalent training, as determined by the department, in
152early literacy and language development of children from birth
153to 5 years of age one time. The year that this training is
154completed, it shall fulfill the 0.5 continuing education unit or
1555 clock hours of the annual training required in subparagraph 4.
156     6.  Procedures for ensuring the training of qualified child
157care professionals to provide training of child care personnel,
158including onsite training, shall be included in the minimum
159standards. It is recommended that the state community child care
160coordination agencies (central agencies) be contracted by the
161department to coordinate such training when possible. Other
162district educational resources, such as community colleges and
163career programs, can be designated in such areas where central
164agencies may not exist or are determined not to have the
165capability to meet the coordination requirements set forth by
166the department.
167     7.  Training requirements shall not apply to certain
168occasional or part-time support staff, including, but not
169limited to, swimming instructors, piano teachers, dance
170instructors, and gymnastics instructors.
171     8.  The department shall evaluate or contract for an
172evaluation for the general purpose of determining the status of
173and means to improve staff training requirements and testing
174procedures. The evaluation shall be conducted every 2 years. The
175evaluation shall include, but not be limited to, determining the
176availability, quality, scope, and sources of current staff
177training; determining the need for specialty training; and
178determining ways to increase inservice training and ways to
179increase the accessibility, quality, and cost-effectiveness of
180current and proposed staff training. The evaluation methodology
181shall include a reliable and valid survey of child care
182personnel.
183     9.  The child care operator shall be required to take basic
184training in serving children with disabilities within 5 years
185after employment, either as a part of the introductory training
186or the annual 8 hours of inservice training.
187     Section 4.  Section 1003.573, Florida Statutes, is created
188to read:
189     1003.573  Use of seclusion and restraint on students with
190disabilities.-
191     (1)  DOCUMENTATION AND REPORTING.-
192     (a)  A school shall prepare an incident report within 24
193hours after a student is released from restraint or seclusion.
194If the student's release occurs on a day before the school
195closes for the weekend, a holiday, or another reason, the
196incident report must be completed by the end of the school day
197on the day the school reopens.
198     (b)  The following must be included in the incident report:
199     1.  The name of the student restrained or secluded.
200     2.  The date and time of the event and the duration of the
201restraint or seclusion.
202     3.  The location at which the restraint or seclusion
203occurred.
204     4.  The type of restraint used.
205     5.  The name of the person using or assisting in the
206restraint or seclusion of the student.
207     6.  The name of any nonstudent who was present to witness
208the restraint or seclusion.
209     7.  A description of the incident, including:
210     a.  The context in which the restraint or seclusion
211occurred.
212     b.  The student's behavior leading up to and precipitating
213the decision to use manual physical restraint or seclusion,
214including an indication as to why there was an imminent risk of
215serious injury or death to the student or others.
216     c.  The specific positive behavioral strategies used to
217prevent and deescalate the behavior.
218     d.  What occurred with the student immediately after the
219termination of the restraint or seclusion.
220     e.  Any injuries, visible marks, or possible medical
221emergencies that may have occurred during the restraint or
222seclusion, documented according to district policies.
223     f.  Evidence of steps taken to notify the student's parent
224or guardian.
225     (c)  A school shall notify the parent or guardian of a
226student each time manual physical restraint or seclusion is
227used. Such notification must be in writing and provided before
228the end of the school day on which the restraint or seclusion
229occurs. Reasonable efforts must also be taken to notify the
230parent or guardian by telephone or computer e-mail, or both, and
231these efforts must be documented. The school shall obtain, and
232keep in its records, the parent's or guardian's signed
233acknowledgement that he or she was notified of his or her
234child's restraint or seclusion.
235     (d)  A school shall also provide the parent or guardian
236with the completed incident report in writing by mail within 3
237school days after a student was manually physically restrained
238or secluded. The school shall obtain, and keep in its records,
239the parent's or guardian's signed acknowledgement that he or she
240received a copy of the incident report.
241     (2)  MONITORING.-
242     (a)  Monitoring of the use of manual physical restraint or
243seclusion on students shall occur at the classroom, building,
244district, and state levels.
245     (b)  Beginning July 1, 2010, documentation prepared as
246required in subsection (1) shall be provided to the school
247principal, the district director of Exceptional Student
248Education, and the bureau chief of the Bureau of Exceptional
249Education and Student Services electronically each month that
250the school is in session.
251     (c)  The department shall maintain aggregate data of
252incidents of manual physical restraint and seclusion and
253disaggregate the data for analysis by county, school, student
254exceptionality, and other variables. This information shall be
255updated monthly.
256     (3)  SCHOOL DISTRICT POLICIES AND PROCEDURES.-
257     (a)  Each school district shall develop policies and
258procedures that are consistent with this section and that govern
259the following:
260     1.  Incident-reporting procedures.
261     2.  Data collection.
262     3.  Monitoring and reporting of data collected.
263     (b)  Any revisions to such policies and procedures, which
264must be prepared as part of the school district's special
265policies and procedures, must be filed with the bureau chief of
266the Bureau of Exceptional Education and Student Services no
267later than January 31, 2011.
268     (4)  PROHIBITED RESTRAINT.-School personnel may not use a
269mechanical restraint or a manual physical restraint that
270restricts a student's breathing.
271     (5)  SECLUSION.-School personnel may not close, lock, or
272physically block a student in a room that is unlit and does not
273meet the rules of the State Fire Marshal for seclusion time-out
274rooms.
275     Section 5.  Paragraphs (f) and (g) are added to subsection
276(4) of section 1004.55, Florida Statutes, to read:
277     1004.55  Regional autism centers.-
278     (4)  Each center shall provide:
279     (f)  Coordination and dissemination of local and regional
280information regarding available resources for services for
281children with the developmental disabilities described in
282subsection (1).
283     (g)  Support to state agencies in the development of
284training for early child care providers and educators with
285respect to the developmental disabilities described in
286subsection (1).
287     Section 6.  Section 1012.582, Florida Statutes, is created
288to read:
289     1012.582  Continuing education and inservice training for
290teaching students with developmental disabilities.-
291     (1)  The Commissioner of Education shall develop
292recommendations to incorporate instruction regarding autism
293spectrum disorder, Down syndrome, and other developmental
294disabilities into continuing education or inservice training
295requirements for instructional personnel. These recommendations
296shall address:
297     (a)  Early identification of, and intervention for,
298students who have autism spectrum disorder, Down syndrome, or
299other developmental disabilities.
300     (b)  Curriculum planning and curricular and instructional
301modifications, adaptations, and specialized strategies and
302techniques.
303     (c)  The use of available state and local resources.
304     (d)  The use of positive behavioral supports to deescalate
305problem behaviors.
306     (e)  Appropriate use of manual physical restraint and
307seclusion techniques.
308     (2)  In developing the recommendations, the commissioner
309shall consult with the State Surgeon General, the Director of
310the Agency for Persons with Disabilities, representatives from
311the education community in the state, and representatives from
312entities that promote awareness about autism spectrum disorder,
313Down syndrome, and other developmental disabilities and provide
314programs and services to persons with developmental
315disabilities, including, but not limited to, regional autism
316centers pursuant to s. 1004.55.
317     (3)  Beginning with the 2010-2011 school year, the
318Department of Education shall incorporate the course curricula
319recommended by the Commissioner of Education, pursuant to
320subsection (1), into existing requirements for the continuing
321education or inservice training of instructional personnel. The
322requirements of this section may not add to the total hours
323required for continuing education or inservice training as
324currently established by the department.
325     (4)  The State Board of Education may adopt rules pursuant
326to ss. 120.536(1) and 120.54 to implement this section.
327     Section 7.  This act shall take effect July 1, 2010.


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