HB 1073

1	A bill to be entitled
2	An act relating to the education of children with
3	disabilities; providing a short title; amending s.
4	402.305, F.S.; requiring minimum training for child care
5	personnel to include the identification and care of
6	children with developmental disabilities; amending s.
7	1002.39, F.S.; revising requirements for student
8	eligibility to participate in the John M. McKay
9	Scholarships for Students with Disabilities Program;
10	amending s. 1004.55, F.S.; requiring regional autism
11	centers to provide certain support for serving children
12	with developmental disabilities; creating s. 1012.582,
13	F.S.; requiring the Department of Education to incorporate
14	course curricula relating to developmental disabilities
15	into existing requirements for the continuing education or
16	inservice training of instructional personnel; requiring
17	the Commissioner of Education to make recommendations to
18	the department relating to developmental disabilities
19	awareness instruction and methods for teaching students
20	with developmental disabilities; authorizing the State
21	Board of Education to adopt rules; providing an effective
22	date.
23
24	Be It Enacted by the Legislature of the State of Florida:
25
26	Section 1.  This act may be cited as the "Disabilities in
27	Education Act."
28	Section 2.  Paragraph (d) of subsection (2) of section
29	402.305, Florida Statutes, is amended to read:
30	402.305  Licensing standards; child care facilities.-
31	(2)  PERSONNEL.-Minimum standards for child care personnel
32	shall include minimum requirements as to:
33	(d)  Minimum training requirements for child care
34	personnel.
35	1.  Such minimum standards for training shall ensure that
36	all child care personnel take an approved 40-clock-hour
37	introductory course in child care, which course covers at least
38	the following topic areas:
39	a.  State and local rules and regulations which govern
40	child care.
41	b.  Health, safety, and nutrition.
42	c.  Identifying and reporting child abuse and neglect.
43	d.  Child development, including typical and atypical
44	language, cognitive, motor, social, and self-help skills
45	development.
46	e.  Observation of developmental behaviors, including using
47	a checklist or other similar observation tools and techniques to
48	determine the child's developmental age level.
49	f.  Specialized areas, including computer technology for
50	professional and classroom use and early literacy and language
51	development of children from birth to 5 years of age, as
52	determined by the department, for owner-operators and child care
53	personnel of a child care facility.
54	g.  Developmental disabilities, including autism spectrum
55	disorder, and early identification, use of available state and
56	local resources, classroom integration, and positive behavioral
57	supports for children with developmental disabilities.
58
59	Within 90 days after employment, child care personnel shall
60	begin training to meet the training requirements. Child care
61	personnel shall successfully complete such training within 1
62	year after the date on which the training began, as evidenced by
63	passage of a competency examination. Successful completion of
64	the 40-clock-hour introductory course shall articulate into
65	community college credit in early childhood education, pursuant
66	to ss. 1007.24 and 1007.25. Exemption from all or a portion of
67	the required training shall be granted to child care personnel
68	based upon educational credentials or passage of competency
69	examinations. Child care personnel possessing a 2-year degree or
70	higher that includes 6 college credit hours in early childhood
71	development or child growth and development, or a child
72	development associate credential or an equivalent state-approved
73	child development associate credential, or a child development
74	associate waiver certificate shall be automatically exempted
75	from the training requirements in sub-subparagraphs b., d., and
76	e.
77	2.  The introductory course in child care shall stress, to
78	the extent possible, an interdisciplinary approach to the study
79	of children.
80	3.  The introductory course shall cover recognition and
81	prevention of shaken baby syndrome, prevention of sudden infant
82	death syndrome, recognition and care of infants and toddlers
83	with developmental disabilities, including autism spectrum
84	disorder, and early childhood brain development within the topic
85	areas identified in this paragraph.
86	4.  On an annual basis in order to further their child care
87	skills and, if appropriate, administrative skills, child care
88	personnel who have fulfilled the requirements for the child care
89	training shall be required to take an additional 1 continuing
90	education unit of approved inservice training, or 10 clock hours
91	of equivalent training, as determined by the department.
92	5.  Child care personnel shall be required to complete 0.5
93	continuing education unit of approved training or 5 clock hours
94	of equivalent training, as determined by the department, in
95	early literacy and language development of children from birth
96	to 5 years of age one time. The year that this training is
97	completed, it shall fulfill the 0.5 continuing education unit or
98	5 clock hours of the annual training required in subparagraph 4.
99	6.  Procedures for ensuring the training of qualified child
100	care professionals to provide training of child care personnel,
101	including onsite training, shall be included in the minimum
102	standards. It is recommended that the state community child care
103	coordination agencies (central agencies) be contracted by the
104	department to coordinate such training when possible. Other
105	district educational resources, such as community colleges and
106	career programs, can be designated in such areas where central
107	agencies may not exist or are determined not to have the
108	capability to meet the coordination requirements set forth by
109	the department.
110	7.  Training requirements shall not apply to certain
111	occasional or part-time support staff, including, but not
112	limited to, swimming instructors, piano teachers, dance
113	instructors, and gymnastics instructors.
114	8.  The department shall evaluate or contract for an
115	evaluation for the general purpose of determining the status of
116	and means to improve staff training requirements and testing
117	procedures. The evaluation shall be conducted every 2 years. The
118	evaluation shall include, but not be limited to, determining the
119	availability, quality, scope, and sources of current staff
120	training; determining the need for specialty training; and
121	determining ways to increase inservice training and ways to
122	increase the accessibility, quality, and cost-effectiveness of
123	current and proposed staff training. The evaluation methodology
124	shall include a reliable and valid survey of child care
125	personnel.
126	9.  The child care operator shall be required to take basic
127	training in serving children with disabilities within 5 years
128	after employment, either as a part of the introductory training
129	or the annual 8 hours of inservice training.
130	Section 3.  Paragraph (a) of subsection (2) of section
131	1002.39, Florida Statutes, is amended to read:
132	1002.39  The John M. McKay Scholarships for Students with
133	Disabilities Program.-There is established a program that is
134	separate and distinct from the Opportunity Scholarship Program
135	and is named the John M. McKay Scholarships for Students with
136	Disabilities Program.
137	(2)  JOHN M. MCKAY SCHOLARSHIP ELIGIBILITY.-The parent of a
138	public school student with a disability who is dissatisfied with
139	the student's progress may request and receive from the state a
140	John M. McKay Scholarship for the child to enroll in and attend
141	a private school in accordance with this section if:
142	(a)  The student has spent 6 months or more during the
143	prior school year in attendance at a Florida public school or
144	the Florida School for the Deaf and the Blind. Prior school year
145	in attendance means that the student was:
146	1.  Enrolled and reported by a school district for funding
147	in the during the preceding October and February Florida
148	Education Finance Program surveys in kindergarten through grade
149	12, which shall include time spent in a Department of Juvenile
150	Justice commitment program if funded under the Florida Education
151	Finance Program;
152	2.  Enrolled and reported by the Florida School for the
153	Deaf and the Blind in the during the preceding October and
154	February student membership surveys in kindergarten through
155	grade 12; or
156	3.  Enrolled and reported by a school district for funding
157	in the during the preceding October and February Florida
158	Education Finance Program surveys, was at least 4 years old when
159	so enrolled and reported, and was eligible for services under s.
160	1003.21(1)(e).
161
162	However, a dependent child of a member of the United States
163	Armed Forces who transfers to a school in this state from out of
164	state or from a foreign country pursuant to a parent's permanent
165	change of station orders is exempt from this paragraph but must
166	meet all other eligibility requirements to participate in the
167	program.
168	Section 4.  Paragraphs (f) and (g) are added to subsection
169	(4) of section 1004.55, Florida Statutes, to read:
170	1004.55  Regional autism centers.-
171	(4)  Each center shall provide:
172	(f)  Coordination and dissemination of local and regional
173	information regarding available resources for services for
174	children with the developmental disabilities described in
175	subsection (1).
176	(g)  Support to state agencies in the development of
177	training for early child care providers and educators with
178	respect to the developmental disabilities described in
179	subsection (1).
180	Section 5.  Section 1012.582, Florida Statutes, is created
181	to read:
182	1012.582  Continuing education and inservice training for
183	teaching students with developmental disabilities.-
184	(1)  Beginning with the 2010-2011 school year, the
185	Department of Education shall incorporate the course curricula
186	recommended by the Commissioner of Education, pursuant to
187	subsection (2), into existing requirements for the continuing
188	education or inservice training of instructional personnel. The
189	requirements of this section may not add to the total hours
190	required for continuing education or inservice training as
191	currently established by the Department of Education.
192	(2)  The Commissioner of Education shall develop
193	recommendations to incorporate autism spectrum disorder and
194	other developmental disabilities awareness instruction into
195	continuing education or inservice training requirements for
196	instructional personnel. The commissioner shall recommend
197	methods for teaching students who have autism spectrum disorder
198	or developmental disabilities to be incorporated into continuing
199	education and inservice and other training programs for
200	instructional personnel, where appropriate. In developing the
201	recommendations, the commissioner shall consult with the State
202	Surgeon General, the Director of the Agency for Persons with
203	Disabilities, representatives from the education community in
204	the state, and representatives from entities that promote
205	awareness about autism spectrum disorder and other developmental
206	disabilities and provide programs and services to persons with
207	developmental disabilities, including, but not limited to,
208	regional autism centers pursuant to s. 1004.55. The
209	recommendations shall address, but not be limited to addressing:
210	(a)  Early identification of, and intervention for,
211	students who have autism spectrum disorder or other
212	developmental disabilities.
213	(b)  Curriculum planning and curricular and instructional
214	modifications, adaptations, and specialized strategies and
215	techniques.
216	(c)  Assistive technology.
217	(d)  Inclusive classroom educational practices, including
218	use of collaborative partnerships.
219	(e)  The use of available state and local resources.
220	(f)  The use of positive behavioral supports.
221	(3)  The State Board of Education shall adopt rules
222	pursuant to ss. 120.536(1) and 120.54 as necessary to implement
223	this section.
224	Section 6.  This act shall take effect July 1, 2010.

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