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A BILL TO BE ENTITLED
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AN ACT
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relating to the regulation of child-care facilities and registered |
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family homes providing services to children with disabilities or |
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special needs. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 42.042(e), Human Resources Code, is |
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amended to read as follows: |
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(e) The executive commissioner shall promulgate minimum |
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standards that apply to licensed child-care facilities and to |
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registered family homes covered by this chapter and that will: |
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(1) promote the health, safety, and welfare of |
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children attending a facility or registered family home; |
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(2) promote safe, comfortable, and healthy physical |
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facilities and registered family homes for children; |
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(3) ensure adequate supervision of children by |
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capable, qualified, and healthy personnel that includes an |
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assessment of the wandering history of each child attending the |
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facility or home; |
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(4) ensure adequate and healthy food service where |
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food service is offered; |
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(5) prohibit [racial] discrimination on the basis of |
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race or disability status by child-care facilities and registered |
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family homes; |
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(6) require procedures for parental and guardian |
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consultation in the formulation of children's educational and |
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therapeutic programs; |
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(7) prevent the breakdown of foster care and adoptive |
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placement; [and] |
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(8) ensure that a child-care facility or registered |
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family home: |
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(A) follows the directions of a child's physician |
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or other health care provider in providing specialized medical |
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assistance required by the child; and |
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(B) maintains for a reasonable time a copy of any |
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directions from the physician or provider that the parent provides |
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to the facility or home; and |
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(9) ensure that: |
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(A) the facility or home promotes inclusive |
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practices and integrates children with special needs into the |
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general activities of the facility or home; |
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(B) the activities of the facility or home are |
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tailored to the strengths and needs of each child attending the |
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facility or home based on the child's developmental age and |
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competencies; and |
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(C) early childhood intervention service |
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providers have access to children with disabilities who are |
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attending the facility or home to provide services while the |
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children are at the facility or home. |
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SECTION 2. Section 42.0421, Human Resources Code, is |
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amended by amending Subsections (a) and (f) and adding Subsections |
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(a-1) and (a-2) to read as follows: |
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(a) The minimum training standards prescribed by the |
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executive commissioner under Section 42.042(p) for an employee, |
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director, or operator of a day-care center, group day-care home, or |
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registered family home must include: |
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(1) 24 hours of initial training that must be |
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completed not later than the 90th day after the employee's first day |
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of employment for an employee of a day-care center who has no |
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previous training or less than two years of employment experience |
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in a regulated child-care facility, eight hours of which must be |
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completed before the employee may provide care to [is given |
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responsibility for a group of] children but only under the |
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supervision of another individual who has completed the initial |
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training or has the required experience; |
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(2) 24 hours of annual training for each employee of a |
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day-care center or group day-care home, excluding the director, |
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which must include at least six hours of training in one or more of |
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the following areas: |
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(A) child growth and development, including |
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awareness of children with disabilities or developmental delays; |
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(B) guidance and discipline; |
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(C) age-appropriate curriculum; and |
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(D) teacher-child interaction; and |
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(3) 30 hours of annual training for each director of a |
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day-care center or group day-care home, or operator of a registered |
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family home, which must include at least six hours of training in |
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one or more of the following areas: |
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(A) child growth and development; |
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(B) guidance and discipline; |
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(C) age-appropriate curriculum; and |
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(D) teacher-child interaction. |
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(a-1) The minimum training standards prescribed in |
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accordance with Subsection (a)(1) for initial training must |
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include: |
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(1) child mental health training addressing social and |
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emotional learning, positive behavior interventions and supports, |
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and trauma-informed care; and |
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(2) training on providing care to children with |
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special needs. |
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(a-2) The minimum training standards prescribed in |
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accordance with Subsection (a)(2) or (a)(3) for an employee, |
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director, or operator of a day-care center, group day-care home, or |
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registered family home must include as a two-hour component of the |
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annual training special training on providing care to children with |
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special needs. The children with special needs training: |
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(1) may be completed through an in-person training or |
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a distance learning course; and |
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(2) must include identification of potential |
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developmental delays, methods for referring children with special |
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needs for specialized services, and information on early childhood |
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intervention and preschool programs for children with |
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disabilities. |
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(f) The training required by this section must be |
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appropriately targeted and relevant to the age of the children who |
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will receive care from the individual receiving training and must |
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be provided by a person who: |
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(1) is a training provider registered with the Texas |
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Early Childhood Professional Development System's Texas Trainer |
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Registry that is maintained by the Texas Head Start State |
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Collaboration Office; |
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(2) is an instructor at a public or private secondary |
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school, an institution of higher education, as defined by Section |
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61.003, Education Code, or a private college or university |
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accredited by a recognized accrediting agency who teaches early |
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childhood development or another relevant course, as determined by |
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rules adopted by the commissioner of education and the commissioner |
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of higher education; |
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(3) is an employee of a state agency with relevant |
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expertise; |
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(4) is a physician, psychologist, licensed |
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professional counselor, social worker, or registered nurse; |
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(5) holds a generally recognized credential or |
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possesses documented knowledge relevant to the training the person |
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will provide; |
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(6) is a registered family home care provider or |
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director of a day-care center or group day-care home in good |
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standing with the department, if applicable, and who: |
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(A) has demonstrated core knowledge in child |
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development and caregiving; and |
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(B) is only providing training at the home or |
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center in which the provider or director and the person receiving |
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training are employed; [or] |
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(7) has at least two years of experience working in |
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child development, a child development program, early childhood |
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education, a childhood education program, or a Head Start or Early |
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Head Start program and: |
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(A) has been awarded a Child Development |
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Associate (CDA) credential; or |
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(B) holds at least an associate's degree in child |
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development, early childhood education, or a related field; |
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(8) is an accredited early intervention specialist; |
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(9) is an accredited early childhood intervention |
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service provider; or |
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(10) is a Board Certified Behavior Analyst. |
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SECTION 3. Section 42.045(a), Human Resources Code, is |
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amended to read as follows: |
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(a) A person who operates a licensed or certified facility |
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shall maintain individual child development records, individual |
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health records, records provided by parents for children with |
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special needs, statistical records, and complete financial |
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records. |
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SECTION 4. Subchapter C, Chapter 42, Human Resources Code, |
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is amended by adding Sections 42.068 and 42.069 to read as follows: |
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Sec. 42.068. REQUIRED PARENTAL DISCLOSURE FOR CHILDREN WITH |
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DISABILITIES. A child-care facility or registered family home |
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shall provide written disclosure to a parent or guardian of each |
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child with a disability attending the facility or home that |
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includes: |
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(1) an application in the form prescribed by the |
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commission to initiate a referral for early childhood intervention |
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and contact information for providers of those services; |
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(2) information on the preschool program for children |
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with disabilities; and |
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(3) the policies of the facility or home on providing |
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care to children with disabilities. |
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Sec. 42.069. REPORTING OF SUSPENSION OR EXPULSION OF |
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CHILDREN. A child-care facility or registered family home shall |
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report to the commission in the form and manner prescribed by |
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commission rule each suspension or expulsion of a child attending |
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the facility or home. The report must include: |
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(1) the name of the child; |
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(2) the date of the suspension or expulsion; |
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(3) the reason for the suspension or expulsion; |
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(4) the race of the child; |
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(5) the disability status of the child; and |
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(6) the child's wandering history. |
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SECTION 5. As soon as practicable after the effective date |
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of this Act, the executive commissioner of the Health and Human |
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Services Commission shall adopt the rules necessary to implement |
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the changes in law made by this Act. |
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SECTION 6. This Act takes effect September 1, 2021. |