December 12, 2019
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       Florida Senate - 2010                      CS for CS for SB 2118
       
       
       
       By the Committees on Children, Families, and Elder Affairs; and
       Education Pre-K - 12; and Senators Gardiner, Fasano, Dean,
       Storms, and Sobel
       
       
       586-05239-10                                          20102118c2
    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; prohibiting certain restraints and seclusion;
   24         amending s. 1004.55, F.S.; requiring regional autism
   25         centers to provide certain support for serving
   26         children with developmental disabilities; creating s.
   27         1012.582, F.S.; requiring the Department of Education
   28         to incorporate course curricula relating to
   29         developmental disabilities into existing requirements
   30         for the continuing education or inservice training of
   31         instructional personnel; requiring the Commissioner of
   32         Education to make recommendations to the department
   33         relating to developmental disabilities awareness
   34         instruction and methods for teaching students with
   35         developmental disabilities; authorizing the State
   36         Board of Education to adopt rules; providing an
   37         effective date.
   38  
   39  Be 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
   43  read:
   44         393.067 Facility licensure.—
   45         (4) The application shall be under oath and shall contain
   46  the following:
   47         (h) Certification that the staff of the facility or program
   48  will receive training to detect, report, and prevent sexual
   49  abuse, abuse, neglect, exploitation, and abandonment, as defined
   50  in ss. 39.01 and 415.102, of residents and clients.
   51         (7) The agency shall adopt rules establishing minimum
   52  standards for facilities and programs licensed under this
   53  section, including rules requiring facilities and programs to
   54  train staff to detect, report, and prevent sexual abuse, abuse,
   55  neglect, exploitation, and abandonment, as defined in ss. 39.01
   56  and 415.102, of residents and clients, minimum standards of
   57  quality and adequacy of client care, incident reporting
   58  requirements, and uniform firesafety standards established by
   59  the State Fire Marshal which are appropriate to the size of the
   60  facility or of the component centers or units of the program.
   61         (9) The agency may conduct unannounced inspections to
   62  determine compliance by foster care facilities, group home
   63  facilities, residential habilitation centers, and comprehensive
   64  transitional education programs with the applicable provisions
   65  of this chapter and the rules adopted pursuant hereto, including
   66  the rules adopted for training staff of a facility or a program
   67  to detect, report, and prevent sexual abuse, abuse, neglect,
   68  exploitation, and abandonment, as defined in ss. 39.01 and
   69  415.102, of residents and clients. The facility or program shall
   70  make copies of inspection reports available to the public upon
   71  request.
   72         Section 2. Paragraph (a) of subsection (3) of section
   73  393.13, Florida Statutes, is amended to read:
   74         393.13 Treatment of persons with developmental
   75  disabilities.—
   76         (3) RIGHTS OF ALL PERSONS WITH DEVELOPMENTAL DISABILITIES.
   77  The rights described in this subsection shall apply to all
   78  persons with developmental disabilities, whether or not such
   79  persons are clients of the agency.
   80         (a) Persons with developmental disabilities shall have a
   81  right to dignity, privacy, and humane care, including the right
   82  to be free from abuse, including sexual abuse, neglect, and
   83  exploitation in residential facilities.
   84         Section 3. Paragraph (d) of subsection (2) of section
   85  402.305, Florida Statutes, is amended to read:
   86         402.305 Licensing standards; child care facilities.—
   87         (2) PERSONNEL.—Minimum standards for child care personnel
   88  shall include minimum requirements as to:
   89         (d) Minimum training requirements for child care personnel.
   90         1. Such minimum standards for training shall ensure that
   91  all child care personnel take an approved 40-clock-hour
   92  introductory course in child care, which course covers at least
   93  the following topic areas:
   94         a. State and local rules and regulations which govern child
   95  care.
   96         b. Health, safety, and nutrition.
   97         c. Identifying and reporting child abuse and neglect.
   98         d. Child development, including typical and atypical
   99  language, cognitive, motor, social, and self-help skills
  100  development.
  101         e. Observation of developmental behaviors, including using
  102  a checklist or other similar observation tools and techniques to
  103  determine the child’s developmental age level.
  104         f. Specialized areas, including computer technology for
  105  professional and classroom use and early literacy and language
  106  development of children from birth to 5 years of age, as
  107  determined by the department, for owner-operators and child care
  108  personnel of a child care facility.
  109         g. Developmental disabilities, including autism spectrum
  110  disorder and Down syndrome, and the early identification, use of
  111  available state and local resources, classroom integration, and
  112  positive behavioral supports for children with developmental
  113  disabilities.
  114  
  115  Within 90 days after employment, child care personnel shall
  116  begin training to meet the training requirements. Child care
  117  personnel shall successfully complete such training within 1
  118  year after the date on which the training began, as evidenced by
  119  passage of a competency examination. Successful completion of
  120  the 40-clock-hour introductory course shall articulate into
  121  community college credit in early childhood education, pursuant
  122  to ss. 1007.24 and 1007.25. Exemption from all or a portion of
  123  the required training shall be granted to child care personnel
  124  based upon educational credentials or passage of competency
  125  examinations. Child care personnel possessing a 2-year degree or
  126  higher that includes 6 college credit hours in early childhood
  127  development or child growth and development, or a child
  128  development associate credential or an equivalent state-approved
  129  child development associate credential, or a child development
  130  associate waiver certificate shall be automatically exempted
  131  from the training requirements in sub-subparagraphs b., d., and
  132  e.
  133         2. The introductory course in child care shall stress, to
  134  the extent possible, an interdisciplinary approach to the study
  135  of children.
  136         3. The introductory course shall cover recognition and
  137  prevention of shaken baby syndrome, prevention of sudden infant
  138  death syndrome, recognition and care of infants and toddlers
  139  with developmental disabilities, including autism spectrum
  140  disorder and Down syndrome, and early childhood brain
  141  development within the topic areas identified in this paragraph.
  142         4. On an annual basis in order to further their child care
  143  skills and, if appropriate, administrative skills, child care
  144  personnel who have fulfilled the requirements for the child care
  145  training shall be required to take an additional 1 continuing
  146  education unit of approved inservice training, or 10 clock hours
  147  of equivalent training, as determined by the department.
  148         5. Child care personnel shall be required to complete 0.5
  149  continuing education unit of approved training or 5 clock hours
  150  of equivalent training, as determined by the department, in
  151  early literacy and language development of children from birth
  152  to 5 years of age one time. The year that this training is
  153  completed, it shall fulfill the 0.5 continuing education unit or
  154  5 clock hours of the annual training required in subparagraph 4.
  155         6. Procedures for ensuring the training of qualified child
  156  care professionals to provide training of child care personnel,
  157  including onsite training, shall be included in the minimum
  158  standards. It is recommended that the state community child care
  159  coordination agencies (central agencies) be contracted by the
  160  department to coordinate such training when possible. Other
  161  district educational resources, such as community colleges and
  162  career programs, can be designated in such areas where central
  163  agencies may not exist or are determined not to have the
  164  capability to meet the coordination requirements set forth by
  165  the department.
  166         7. Training requirements shall not apply to certain
  167  occasional or part-time support staff, including, but not
  168  limited to, swimming instructors, piano teachers, dance
  169  instructors, and gymnastics instructors.
  170         8. The department shall evaluate or contract for an
  171  evaluation for the general purpose of determining the status of
  172  and means to improve staff training requirements and testing
  173  procedures. The evaluation shall be conducted every 2 years. The
  174  evaluation shall include, but not be limited to, determining the
  175  availability, quality, scope, and sources of current staff
  176  training; determining the need for specialty training; and
  177  determining ways to increase inservice training and ways to
  178  increase the accessibility, quality, and cost-effectiveness of
  179  current and proposed staff training. The evaluation methodology
  180  shall include a reliable and valid survey of child care
  181  personnel.
  182         9. The child care operator shall be required to take basic
  183  training in serving children with disabilities within 5 years
  184  after employment, either as a part of the introductory training
  185  or the annual 8 hours of inservice training.
  186         Section 4. Section 1003.573, Florida Statutes, is created
  187  to read:
  188         1003.573 Use of seclusion and restraint on students with
  189  disabilities.—
  190         (1) DOCUMENTATION AND REPORTING.—
  191         (a) A school shall prepare an incident report within 24
  192  hours after a student is released from restraint or seclusion.
  193  If the student’s release occurs on a day before the school
  194  closes for the weekend, a holiday, or another reason, the
  195  incident report must be completed by the end of the school day
  196  on the day the school reopens.
  197         (b) The following must be included in the incident report:
  198         1. The name of the student restrained or secluded.
  199         2. The date and time of the event and the duration of the
  200  restraint or seclusion.
  201         3. The location at which the restraint or seclusion
  202  occurred.
  203         4. The type of restraint used.
  204         5. The name of the person using or assisting in the
  205  restraint or seclusion of the student.
  206         6. The name of any nonstudent who was present to witness
  207  the restraint or seclusion.
  208         7. A description of the incident, including:
  209         a. The context in which the restraint or seclusion
  210  occurred.
  211         b. The student’s behavior leading up to and precipitating
  212  the decision to use manual physical restraint or seclusion,
  213  including an indication as to why there was an imminent risk of
  214  serious injury or death to the student or others.
  215         c. The specific positive behavioral strategies used to
  216  prevent and deescalate the behavior.
  217         d. What occurred with the student immediately after the
  218  termination of the restraint or seclusion.
  219         e. Any injuries, visible marks, or possible medical
  220  emergencies that may have occurred during the restraint or
  221  seclusion, documented according to district policies.
  222         f. Evidence of steps taken to notify the student’s parent
  223  or guardian.
  224         (c) A school shall notify the parent or guardian of a
  225  student each time manual physical restraint or seclusion is
  226  used. Such notification must be in writing and provided before
  227  the end of the school day on which the restraint or seclusion
  228  occurs. Reasonable efforts must also be taken to notify the
  229  parent or guardian by telephone or computer e-mail, or both, and
  230  these efforts must be documented. The school shall obtain, and
  231  keep in its records, the parent’s or guardian’s signed
  232  acknowledgement that he or she was notified of his or her
  233  child’s restraint or seclusion.
  234         (d) A school shall also provide the parent or guardian with
  235  the completed incident report in writing by mail within 3 school
  236  days after a student was manually physically restrained or
  237  secluded. The school shall obtain, and keep in its records, the
  238  parent’s or guardian’s signed acknowledgement that he or she
  239  received a copy of the incident report.
  240         (2) MONITORING.—
  241         (a) Monitoring of the use of manual physical restraint or
  242  seclusion on students shall occur at the classroom, building,
  243  district, and state levels.
  244         (b) Documentation prepared as required in subsection (1)
  245  shall be provided to the school principal, the district director
  246  of Exceptional Student Education, and the bureau chief of the
  247  Bureau of Exceptional Education and Student Services
  248  electronically each month that the school is in session.
  249         (c) The department shall maintain aggregate data of
  250  incidents of manual physical restraint and seclusion and
  251  disaggregate the data for analysis by county, school, student
  252  exceptionality, and other variables. This information shall be
  253  updated monthly.
  254         (3) SCHOOL DISTRICT POLICIES AND PROCEDURES.—
  255         (a) Each school district shall develop policies and
  256  procedures that are consistent with this section and that govern
  257  the following:
  258         1. Incident-reporting procedures.
  259         2. Data collection.
  260         3. Monitoring and reporting of data collected.
  261         (b) Any revisions to such policies and procedures, which
  262  must be prepared as part of the school district’s special
  263  policies and procedures, must be filed with the bureau chief of
  264  the Bureau of Exceptional Education and Student Services no
  265  later than January 31, 2011.
  266         (4)PROHIBITED RESTRAINTS AND SECLUSION.—
  267         (a) School personnel may not use a mechanical restraint or
  268  a manual physical restraint that restricts a student’s
  269  breathing.
  270         (b) School personnel may not close, lock, or physically
  271  block a student in a room that is unlit and does not meet rules
  272  of the State Fire Marshal for seclusion time-out rooms.
  273         Section 5. Paragraphs (f) and (g) are added to subsection
  274  (4) of section 1004.55, Florida Statutes, to read:
  275         1004.55 Regional autism centers.—
  276         (4) Each center shall provide:
  277         (f) Coordination and dissemination of local and regional
  278  information regarding available resources for services for
  279  children with the developmental disabilities described in
  280  subsection (1).
  281         (g) Support to state agencies in the development of
  282  training for early child care providers and educators with
  283  respect to the developmental disabilities described in
  284  subsection (1).
  285         Section 6. Section 1012.582, Florida Statutes, is created
  286  to read:
  287         1012.582 Continuing education and inservice training for
  288  teaching students with developmental disabilities.—
  289         (1) The Commissioner of Education shall develop
  290  recommendations to incorporate instruction regarding autism
  291  spectrum disorder, Down syndrome, and other developmental
  292  disabilities into continuing education or inservice training
  293  requirements for instructional personnel. These recommendations
  294  shall address:
  295         (a) Early identification of, and intervention for, students
  296  who have autism spectrum disorder, Down syndrome, or other
  297  developmental disabilities.
  298         (b) Curriculum planning and curricular and instructional
  299  modifications, adaptations, and specialized strategies and
  300  techniques.
  301         (c) The use of available state and local resources.
  302         (d) The use of positive behavioral supports to deescalate
  303  problem behaviors.
  304         (e) Appropriate use of manual physical restraint and
  305  seclusion techniques.
  306         (2) In developing the recommendations, the commissioner
  307  shall consult with the State Surgeon General, the director of
  308  the Agency for Persons with Disabilities, representatives from
  309  the education community in the state, and representatives from
  310  entities that promote awareness about autism spectrum disorder,
  311  Down syndrome, and other developmental disabilities, and provide
  312  programs and services to persons with developmental
  313  disabilities, including, but not limited to, regional autism
  314  centers pursuant to s. 1004.55.
  315         (3) Beginning with the 2010-2011 school year, the
  316  Department of Education shall incorporate the course curricula
  317  recommended by the Commissioner of Education, pursuant to
  318  subsection (1), into existing requirements for the continuing
  319  education or inservice training of instructional personnel. The
  320  requirements of this section may not add to the total hours
  321  required for continuing education or inservice training as
  322  currently established by the department.
  323         (4) The State Board of Education may adopt rules pursuant
  324  to ss. 120.536(1) and 120.54 to implement this section.
  325         Section 7. This act shall take effect July 1, 2010.

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