Florida Senate - 2010                             CS for SB 2118
       By the Committee on Education Pre-K - 12; and Senators Gardiner,
       Fasano, Dean, and Storms
       581-04280-10                                          20102118c1
    1                        A bill to be entitled                      
    2         An act relating to individuals with developmental
    3         disabilities; amending s. 393.067, F.S.; revising the
    4         application procedures for the licensing of certain
    5         facilities that serve individuals with developmental
    6         disabilities; amending s. 393.13, F.S.; providing that
    7         persons with developmental disabilities have the right
    8         to be free from abuse, including sexual abuse,
    9         neglect, and exploitation; amending s. 402.305, F.S.;
   10         requiring minimum training for child care personnel to
   11         include the identification and care of children with
   12         developmental disabilities; creating s. 1003.573,
   13         F.S.; requiring that each school prepare an incident
   14         report within a specified period after each occasion
   15         of student restraint or seclusion; specifying the
   16         contents of such report; requiring that each school
   17         notify a student’s parent or guardian if manual
   18         physical restraint or seclusion is used; requiring
   19         certain reporting and monitoring; requiring that each
   20         school district develop and revise policies and
   21         procedures governing the incident reports, data
   22         collection, and the monitoring and reporting of such
   23         data; amending s. 1004.55, F.S.; requiring regional
   24         autism centers to provide certain support for serving
   25         children with developmental disabilities; creating s.
   26         1012.582, F.S.; requiring the Department of Education
   27         to incorporate course curricula relating to
   28         developmental disabilities into existing requirements
   29         for the continuing education or inservice training of
   30         instructional personnel; requiring the Commissioner of
   31         Education to make recommendations to the department
   32         relating to developmental disabilities awareness
   33         instruction and methods for teaching students with
   34         developmental disabilities; authorizing the State
   35         Board of Education to adopt rules; providing an
   36         effective date.
   38  Be It Enacted by the Legislature of the State of Florida:
   40         Section 1. Paragraph (h) of subsection (4) and subsections
   41  (7) and (9) of section 393.067, Florida Statutes, are amended to
   42  read:
   43         393.067 Facility licensure.—
   44         (4) The application shall be under oath and shall contain
   45  the following:
   46         (h) Certification that the staff of the facility or program
   47  will receive training to detect, report, and prevent sexual
   48  abuse, abuse, neglect, exploitation, and abandonment, as defined
   49  in ss. 39.01 and 415.102, of residents and clients.
   50         (7) The agency shall adopt rules establishing minimum
   51  standards for facilities and programs licensed under this
   52  section, including rules requiring facilities and programs to
   53  train staff to detect, report, and prevent sexual abuse, abuse,
   54  neglect, exploitation, and abandonment, as defined in ss. 39.01
   55  and 415.102, of residents and clients, minimum standards of
   56  quality and adequacy of client care, incident reporting
   57  requirements, and uniform firesafety standards established by
   58  the State Fire Marshal which are appropriate to the size of the
   59  facility or of the component centers or units of the program.
   60         (9) The agency may conduct unannounced inspections to
   61  determine compliance by foster care facilities, group home
   62  facilities, residential habilitation centers, and comprehensive
   63  transitional education programs with the applicable provisions
   64  of this chapter and the rules adopted pursuant hereto, including
   65  the rules adopted for training staff of a facility or a program
   66  to detect, report, and prevent sexual abuse, abuse, neglect,
   67  exploitation, and abandonment, as defined in ss. 39.01 and
   68  415.102, of residents and clients. The facility or program shall
   69  make copies of inspection reports available to the public upon
   70  request.
   71         Section 2. Paragraph (a) of subsection (3) of section
   72  393.13, Florida Statutes, is amended to read:
   73         393.13 Treatment of persons with developmental
   74  disabilities.—
   76  The rights described in this subsection shall apply to all
   77  persons with developmental disabilities, whether or not such
   78  persons are clients of the agency.
   79         (a) Persons with developmental disabilities shall have a
   80  right to dignity, privacy, and humane care, including the right
   81  to be free from abuse, including sexual abuse, neglect, and
   82  exploitation in residential facilities.
   83         Section 3. Paragraph (d) of subsection (2) of section
   84  402.305, Florida Statutes, is amended to read:
   85         402.305 Licensing standards; child care facilities.—
   86         (2) PERSONNEL.—Minimum standards for child care personnel
   87  shall include minimum requirements as to:
   88         (d) Minimum training requirements for child care personnel.
   89         1. Such minimum standards for training shall ensure that
   90  all child care personnel take an approved 40-clock-hour
   91  introductory course in child care, which course covers at least
   92  the following topic areas:
   93         a. State and local rules and regulations which govern child
   94  care.
   95         b. Health, safety, and nutrition.
   96         c. Identifying and reporting child abuse and neglect.
   97         d. Child development, including typical and atypical
   98  language, cognitive, motor, social, and self-help skills
   99  development.
  100         e. Observation of developmental behaviors, including using
  101  a checklist or other similar observation tools and techniques to
  102  determine the child’s developmental age level.
  103         f. Specialized areas, including computer technology for
  104  professional and classroom use and early literacy and language
  105  development of children from birth to 5 years of age, as
  106  determined by the department, for owner-operators and child care
  107  personnel of a child care facility.
  108         g. Developmental disabilities, including autism spectrum
  109  disorder and Down syndrome, and the early identification, use of
  110  available state and local resources, classroom integration, and
  111  positive behavioral supports for children with developmental
  112  disabilities.
  114  Within 90 days after employment, child care personnel shall
  115  begin training to meet the training requirements. Child care
  116  personnel shall successfully complete such training within 1
  117  year after the date on which the training began, as evidenced by
  118  passage of a competency examination. Successful completion of
  119  the 40-clock-hour introductory course shall articulate into
  120  community college credit in early childhood education, pursuant
  121  to ss. 1007.24 and 1007.25. Exemption from all or a portion of
  122  the required training shall be granted to child care personnel
  123  based upon educational credentials or passage of competency
  124  examinations. Child care personnel possessing a 2-year degree or
  125  higher that includes 6 college credit hours in early childhood
  126  development or child growth and development, or a child
  127  development associate credential or an equivalent state-approved
  128  child development associate credential, or a child development
  129  associate waiver certificate shall be automatically exempted
  130  from the training requirements in sub-subparagraphs b., d., and
  131  e.
  132         2. The introductory course in child care shall stress, to
  133  the extent possible, an interdisciplinary approach to the study
  134  of children.
  135         3. The introductory course shall cover recognition and
  136  prevention of shaken baby syndrome, prevention of sudden infant
  137  death syndrome, recognition and care of infants and toddlers
  138  with developmental disabilities, including autism spectrum
  139  disorder and Down syndrome, and early childhood brain
  140  development within the topic areas identified in this paragraph.
  141         4. On an annual basis in order to further their child care
  142  skills and, if appropriate, administrative skills, child care
  143  personnel who have fulfilled the requirements for the child care
  144  training shall be required to take an additional 1 continuing
  145  education unit of approved inservice training, or 10 clock hours
  146  of equivalent training, as determined by the department.
  147         5. Child care personnel shall be required to complete 0.5
  148  continuing education unit of approved training or 5 clock hours
  149  of equivalent training, as determined by the department, in
  150  early literacy and language development of children from birth
  151  to 5 years of age one time. The year that this training is
  152  completed, it shall fulfill the 0.5 continuing education unit or
  153  5 clock hours of the annual training required in subparagraph 4.
  154         6. Procedures for ensuring the training of qualified child
  155  care professionals to provide training of child care personnel,
  156  including onsite training, shall be included in the minimum
  157  standards. It is recommended that the state community child care
  158  coordination agencies (central agencies) be contracted by the
  159  department to coordinate such training when possible. Other
  160  district educational resources, such as community colleges and
  161  career programs, can be designated in such areas where central
  162  agencies may not exist or are determined not to have the
  163  capability to meet the coordination requirements set forth by
  164  the department.
  165         7. Training requirements shall not apply to certain
  166  occasional or part-time support staff, including, but not
  167  limited to, swimming instructors, piano teachers, dance
  168  instructors, and gymnastics instructors.
  169         8. The department shall evaluate or contract for an
  170  evaluation for the general purpose of determining the status of
  171  and means to improve staff training requirements and testing
  172  procedures. The evaluation shall be conducted every 2 years. The
  173  evaluation shall include, but not be limited to, determining the
  174  availability, quality, scope, and sources of current staff
  175  training; determining the need for specialty training; and
  176  determining ways to increase inservice training and ways to
  177  increase the accessibility, quality, and cost-effectiveness of
  178  current and proposed staff training. The evaluation methodology
  179  shall include a reliable and valid survey of child care
  180  personnel.
  181         9. The child care operator shall be required to take basic
  182  training in serving children with disabilities within 5 years
  183  after employment, either as a part of the introductory training
  184  or the annual 8 hours of inservice training.
  185         Section 4. Section 1003.573, Florida Statutes, is created
  186  to read:
  187         1003.573 Use of seclusion and restraint on students with
  188  disabilities.—
  190         (a) A school shall prepare an incident report within 24
  191  hours after a student is released from restraint or seclusion.
  192  If the student’s release occurs on a day before the school
  193  closes for the weekend, a holiday, or another reason, the
  194  incident report must be completed by the end of the school day
  195  on the day the school reopens.
  196         (b) The following must be included in the incident report:
  197         1. The name of the student restrained or secluded.
  198         2. The date and time of the event and the duration of the
  199  restraint or seclusion.
  200         3. The location at which the restraint or seclusion
  201  occurred.
  202         4. The type of restraint used.
  203         5. The name of the person using or assisting in the
  204  restraint or seclusion of the student.
  205         6. The name of any nonstudent who was present to witness
  206  the restraint or seclusion.
  207         7. A description of the incident, including:
  208         a. The context in which the restraint or seclusion
  209  occurred.
  210         b. The student’s behavior leading up to and precipitating
  211  the decision to use manual physical restraint or seclusion,
  212  including an indication as to why there was an imminent risk of
  213  serious injury or death to the student or others.
  214         c. The specific positive behavioral strategies used to
  215  prevent and deescalate the behavior.
  216         d. What occurred with the student immediately after the
  217  termination of the restraint or seclusion.
  218         e. Any injuries, visible marks, or possible medical
  219  emergencies that may have occurred during the restraint or
  220  seclusion, documented according to district policies.
  221         f. Evidence of steps taken to notify the student’s parent
  222  or guardian.
  223         (c) A school shall notify the parent or guardian of a
  224  student each time manual physical restraint or seclusion is
  225  used. Such notification must be in writing and provided before
  226  the end of the school day on which the restraint or seclusion
  227  occurs. Reasonable efforts must also be taken to notify the
  228  parent or guardian by telephone or computer e-mail, or both, and
  229  these efforts must be documented. The school shall obtain, and
  230  keep in its records, the parent’s or guardian’s signed
  231  acknowledgement that he or she was notified of his or her
  232  child’s restraint or seclusion.
  233         (d) A school shall also provide the parent or guardian with
  234  the completed incident report in writing by mail within 3 school
  235  days after a student was manually physically restrained or
  236  secluded. The school shall obtain, and keep in its records, the
  237  parent’s or guardian’s signed acknowledgement that he or she
  238  received a copy of the incident report.
  239         (2) MONITORING.—
  240         (a) Monitoring of the use of manual physical restraint or
  241  seclusion on students shall occur at the classroom, building,
  242  district, and state levels.
  243         (b) Documentation prepared as required in subsection (1)
  244  shall be provided to the school principal, the district director
  245  of Exceptional Student Education, and the bureau chief of the
  246  Bureau of Exceptional Education and Student Services
  247  electronically each month that the school is in session.
  248         (c) The department shall maintain aggregate data of
  249  incidents of manual physical restraint and seclusion and
  250  disaggregate the data for analysis by county, school, student
  251  exceptionality, and other variables. This information shall be
  252  updated monthly.
  254         (a) Each school district shall develop policies and
  255  procedures that are consistent with this section and that govern
  256  the following:
  257         1. Incident-reporting procedures.
  258         2. Data collection.
  259         3. Monitoring and reporting of data collected.
  260         (b) Any revisions to such policies and procedures, which
  261  must be prepared as part of the school district’s special
  262  policies and procedures, must be filed with the bureau chief of
  263  the Bureau of Exceptional Education and Student Services no
  264  later than January 31, 2011.
  265         Section 5. Paragraphs (f) and (g) are added to subsection
  266  (4) of section 1004.55, Florida Statutes, to read:
  267         1004.55 Regional autism centers.—
  268         (4) Each center shall provide:
  269         (f) Coordination and dissemination of local and regional
  270  information regarding available resources for services for
  271  children with the developmental disabilities described in
  272  subsection (1).
  273         (g) Support to state agencies in the development of
  274  training for early child care providers and educators with
  275  respect to the developmental disabilities described in
  276  subsection (1).
  277         Section 6. Section 1012.582, Florida Statutes, is created
  278  to read:
  279         1012.582 Continuing education and inservice training for
  280  teaching students with developmental disabilities.—
  281         (1) The Commissioner of Education shall develop
  282  recommendations to incorporate instruction regarding autism
  283  spectrum disorder, Down syndrome, and other developmental
  284  disabilities into continuing education or inservice training
  285  requirements for instructional personnel. These recommendations
  286  shall address:
  287         (a) Early identification of, and intervention for, students
  288  who have autism spectrum disorder, Down syndrome, or other
  289  developmental disabilities.
  290         (b) Curriculum planning and curricular and instructional
  291  modifications, adaptations, and specialized strategies and
  292  techniques.
  293         (c) The use of available state and local resources.
  294         (d) The use of positive behavioral supports to deescalate
  295  problem behaviors.
  296         (e) Appropriate use of manual physical restraint and
  297  seclusion techniques.
  298         (2) In developing the recommendations, the commissioner
  299  shall consult with the State Surgeon General, the director of
  300  the Agency for Persons with Disabilities, representatives from
  301  the education community in the state, and representatives from
  302  entities that promote awareness about autism spectrum disorder,
  303  Down syndrome, and other developmental disabilities, and provide
  304  programs and services to persons with developmental
  305  disabilities, including, but not limited to, regional autism
  306  centers pursuant to s. 1004.55.
  307         (3) Beginning with the 2010-2011 school year, the
  308  Department of Education shall incorporate the course curricula
  309  recommended by the Commissioner of Education, pursuant to
  310  subsection (1), into existing requirements for the continuing
  311  education or inservice training of instructional personnel. The
  312  requirements of this section may not add to the total hours
  313  required for continuing education or inservice training as
  314  currently established by the department.
  315         (4) The State Board of Education may adopt rules pursuant
  316  to ss. 120.536(1) and 120.54 to implement this section.
  317         Section 7. This act shall take effect July 1, 2010.

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