Florida Senate - 2013                             CS for SB 1682
       
       
       
       By the Committee on Children, Families, and Elder Affairs; and
       Senator Joyner
       
       
       
       586-03370-13                                          20131682c1
    1                        A bill to be entitled                      
    2         An act relating to residential services for children;
    3         amending s. 409.175, F.S.; revising the definition of
    4         the term “boarding school”; providing accreditation
    5         requirements for boarding schools; establishing
    6         reporting requirements for boarding schools during the
    7         accreditation process; providing an exemption for the
    8         reporting requirements; authorizing the Department of
    9         Children and Families to impose administrative
   10         sanctions or civil remedies when residential group
   11         care is being provided without a license; requiring
   12         background screening for certain boarding school
   13         personnel; defining the term “direct student contact”;
   14         requiring boarding schools to follow standard school
   15         schedules, holiday breaks, and summer recesses;
   16         providing that children other than foreign citizens
   17         may not be year-round residents; amending s. 409.176,
   18         F.S.; providing notification requirements for
   19         qualified associations for specified violations;
   20         providing reporting requirements for the qualified
   21         association regarding Type II facilities; authorizing
   22         the Department of Children and Families to adopt
   23         rules; providing an effective date.
   24  
   25  Be It Enacted by the Legislature of the State of Florida:
   26  
   27         Section 1. Paragraph (b) of subsection (2) of section
   28  409.175, Florida Statutes, is amended, and subsection (17) is
   29  added to that section, to read:
   30         409.175 Licensure of family foster homes, residential
   31  child-caring agencies, and child-placing agencies; public
   32  records exemption.—
   33         (2) As used in this section, the term:
   34         (b) “Boarding school” means a school that which is
   35  registered with the Department of Education as a school that
   36  provides a residential service for students and is:
   37         1. Accredited for academic programs by the Florida Council
   38  of Independent Schools or the Southern Association of Colleges
   39  and Schools an accrediting association that is a member of the
   40  National Council for Private School Accreditation, or the
   41  Florida Association of Academic Nonpublic Schools, and; which is
   42  accredited for residential programs by the Council on
   43  Accreditation, the Commission on Accreditation of Rehabilitation
   44  Facilities, or the Coalition for Residential Education; or
   45         2. Accredited by one of the organizations in subparagraph
   46  1. as a boarding school that includes both an academic and
   47  residential component in the accreditation. and which is
   48  registered with the Department of Education as a school. Its
   49  program must follow established school schedules, with holiday
   50  breaks and summer recesses in accordance with other public and
   51  private school programs. The children in residence must
   52  customarily return to their family homes or legal guardians
   53  during school breaks and must not be in residence year-round,
   54  except that this provision does not apply to foreign students.
   55  The parents of these children retain custody and planning and
   56  financial responsibility. A boarding school currently in
   57  existence and a boarding school opening and seeking
   58  accreditation have 3 years to comply with the requirements of
   59  this paragraph. A boarding school must provide proof of
   60  accreditation or documentation of the accreditation process upon
   61  request. A boarding school that cannot produce the required
   62  documentation or that has not registered with the Department of
   63  Education shall be considered to be providing residential group
   64  care without a license. The department may impose administrative
   65  sanctions or seek civil remedies as provided under paragraph
   66  (11)(a).
   67         (17)Boarding schools are subject to the following
   68  requirements:
   69         (a)A boarding school currently in existence, or a new
   70  boarding school that is seeking accreditation, must complete the
   71  accreditation requirements pursuant to paragraph (2)(b) within 3
   72  years after the date it registers with the Department of
   73  Education.
   74         (b)A boarding school must provide to the Department of
   75  Education and the department, letters that verify application
   76  for accreditation no later than 270 days after registration. The
   77  letters must be provided by an accrediting agency described in
   78  subparagraph (2)(b)1. or subparagraph (2)(b)2. Effective July 1,
   79  2013, the Department of Education shall remove from the registry
   80  and the website any boarding school that has not completed the
   81  accreditation requirements of paragraph (2)(b) or has not
   82  provided the required verification letters.
   83         (c)A boarding school must provide proof of accreditation
   84  or documentation of the accreditation process upon request by
   85  the department. The school must provide an annual report to the
   86  department on the status of achieving the accreditation required
   87  in paragraph (2)(b). The first report is due 12 months after the
   88  date of registration with the Department of Education. Boarding
   89  schools that have obtained the accreditations required under
   90  paragraph (2)(b) are not subject to the reporting requirements
   91  in this subsection.
   92         (d) A boarding school that cannot produce the required
   93  documentation in accordance with this subsection or that has not
   94  registered with the Department of Education or has not obtained
   95  all required accreditation in accordance with paragraph (2)(b),
   96  shall be considered to be providing residential group care
   97  without a license. The department may impose administrative
   98  sanctions or seek civil remedies as provided under paragraph
   99  (11)(a).
  100         (e) The boarding school must require employees and
  101  contracted personnel with direct student contact to be
  102  background screened upon employment. The term “direct student
  103  contact” means unsupervised access to a student for whom the
  104  boarding school is responsible. The screening shall be conducted
  105  as provided in chapter 435, using the level 2 standards for
  106  screening set forth in that chapter. The department may grant
  107  exemptions from disqualification from working with children as
  108  provided in s. 435.07.
  109         (f) The boarding school shall follow established school
  110  schedules and shall specify holiday breaks and summer recesses
  111  in accordance with other public and private school programs. The
  112  children in residence must customarily return to their family
  113  homes or legal guardians during school breaks and, with the
  114  exception of students who are citizens of foreign countries, may
  115  not be in residence year-round. The parents of children
  116  attending a boarding school retain custody of their children and
  117  responsibility for planning and finances.
  118         Section 2. Paragraphs (a) and (b) of subsection (10) and
  119  subsection (15) of section 409.176, Florida Statutes, are
  120  amended to read:
  121         409.176 Registration of residential child-caring agencies
  122  and family foster homes.—
  123         (10)(a) The qualified association shall notify the
  124  department within 24 hours when the qualified association finds
  125  there is a violation of any of the provisions of this section
  126  which threatens harm to any child or which constitutes an
  127  emergency requiring immediate action.
  128         (b) The qualified association shall notify the department
  129  within 3 calendar days when the qualified association finds,
  130  within 30 days after written notification by registered mail of
  131  the requirement for registration, that a person or facility
  132  continues to care for children without a certificate of
  133  registration pursuant to this section, a license pursuant to s.
  134  409.175, or registration as a boarding school pursuant to s
  135  409.175. The department shall notify the appropriate state
  136  attorney of the violation of law and, if necessary, shall
  137  institute a civil suit to enjoin the person or facility from
  138  continuing the care of children.
  139         (15) The qualified association issuing certificates of
  140  registration for Type II facilities under this section shall
  141  annually report to the department the following:
  142         (a)The number of Type II facilities registered during the
  143  most recent calendar year, the names and addresses of the
  144  facilities, and the name of each facility’s administrator., and
  145         (b) The total number of children served by each facility
  146  during the calendar year.
  147         (c)The average length of stay for children at a Type II
  148  facility.
  149         (d)The number of violations pursuant to paragraph (10)(a)
  150  by a Type II facility.
  151         (e)A list of persons or facilities, including their
  152  addresses, which applied for registration pursuant to this
  153  section and were denied or withdrew the request.
  154  
  155  The department may impose an administrative fine against the
  156  qualified association not to exceed $250 per violation for
  157  failure to comply with the requirements of this subsection.
  158         (f) The department may adopt rules necessary to implement
  159  this subsection.
  160         Section 3. This act shall take effect July 1, 2013.