88R441 MLH-D
 
  By: González of El Paso, et al. H.B. No. 211
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the regulation of child-care facilities and registered
  family homes providing services to children with disabilities or
  special needs.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 42.042, Human Resources Code, is amended
  by amending Subsection (e) and adding Subsection (e-6) to read as
  follows:
         (e)  The executive commissioner shall promulgate minimum
  standards that apply to licensed child-care facilities and to
  registered family homes covered by this chapter and that will:
               (1)  promote the health, safety, and welfare of
  children attending a facility or registered family home;
               (2)  promote safe, comfortable, and healthy physical
  facilities and registered family homes for children;
               (3)  ensure adequate supervision of children by
  capable, qualified, and healthy personnel;
               (4)  ensure adequate and healthy food service where
  food service is offered;
               (5)  except as provided by Subsection (e-6), prohibit
  [racial] discrimination based on race or disability status by
  child-care facilities and registered family homes;
               (6)  require procedures for parental and guardian
  consultation in the formulation of children's educational and
  therapeutic programs;
               (7)  prevent the breakdown of foster care and adoptive
  placement;
               (8)  ensure that a child-care facility or registered
  family home:
                     (A)  follows the directions of a child's physician
  or other health care provider in providing specialized medical
  assistance required by the child; and
                     (B)  maintains for a reasonable time a copy of any
  directions from the physician or provider that the parent provides
  to the facility or home; and
               (9)  ensure that:
                     (A)  a child's health, safety, and welfare are
  adequately protected on the grounds of a child-care facility or
  registered family home;
                     (B)  the child-care facility or registered family
  home promotes inclusive practices and integrates children with
  special needs into the general activities of the facility or home;
                     (C)  the activities of the child-care facility or
  registered family home are tailored to the strengths and needs of
  each child attending the facility or home based on the child's
  developmental age and competencies; and
                     (D)  early childhood intervention service
  providers have access to children who are clients attending the
  child-care facility or registered family home to provide services
  in accordance with an individualized family service plan while the
  child is with other children in the child's peer group in an
  educational or instructional area of the facility or home.
         (e-6)  A child-care facility or registered family home may
  deny services to a child with a disability only if the facility or
  home determines under the Americans with Disabilities Act of 1990
  (42 U.S.C. Section 12101 et seq.) that accommodating the child
  would:
               (1)  pose an undue burden on the facility or home as
  defined by 28 C.F.R. Section 36.104;
               (2)  pose a direct threat to the health or safety of
  other people at the facility or home as provided by 28 C.F.R.
  Section 36.208;
               (3)  require modifications in policies, practices, or
  procedures that would fundamentally alter the nature of the
  facility or home as provided by 28 C.F.R. Section 36.302; or
               (4)  pose a difficulty on or expense to the facility or
  home to remove architectural barriers to accommodate the child as
  provided by 28 C.F.R. Section 36.304.
         SECTION 2.  Section 42.0421, Human Resources Code, is
  amended by amending Subsections (a) and (f) and adding Subsections
  (a-1), (a-2), and (a-3) to read as follows:
         (a)  The minimum training standards prescribed by the
  executive commissioner under Section 42.042(p) for an employee,
  director, or operator of a day-care center, group day-care home, or
  registered family home must include:
               (1)  24 hours of initial training that must be
  completed not later than the 90th day after the employee's first day
  of employment for an employee of a day-care center who has no
  previous training or less than two years of employment experience
  in a regulated child-care facility, eight hours of which must be
  completed before the employee may be counted as a caregiver for
  purposes of determining the caregiver-to-child ratio for a facility
  provided:
                     (A)  the employee is not the sole caregiver for a
  child or group of children; and
                     (B)  another employee of the facility who is a
  qualified caregiver is in the same room with the employee [is given
  responsibility for a group of children];
               (2)  24 hours of annual training for each employee of a
  day-care center or group day-care home, excluding the director,
  which must include at least six hours of training in one or more of
  the following areas:
                     (A)  child growth and development;
                     (B)  guidance and discipline;
                     (C)  age-appropriate curriculum; [and]
                     (D)  teacher-child interaction; and
                     (E)  care of children with special needs; and
               (3)  30 hours of annual training for each director of a
  day-care center or group day-care home, or operator of a registered
  family home, which must include at least six hours of training in
  one or more of the following areas:
                     (A)  child growth and development;
                     (B)  guidance and discipline;
                     (C)  age-appropriate curriculum; [and]
                     (D)  teacher-child interaction; and
                     (E)  care of children with special needs.
         (a-1)  The minimum training standards prescribed in
  accordance with Subsection (a)(1) for initial training must
  include:
               (1)  child mental health training that addresses one or
  more of the following subjects:
                     (A)  child mental health;
                     (B)  child mental health screening;
                     (C)  social and emotional learning;
                     (D)  positive behavior interventions and
  supports;
                     (E)  trauma-informed care; or
                     (F)  another similar subject; and
               (2)  training on providing care to children with
  special needs.
         (a-2)  The minimum training standards prescribed in
  accordance with Subsection (a)(2) or (3) for an employee, director,
  or operator of a day-care center, group day-care home, or
  registered family home must include at least one hour of training
  that addresses one or more of the following subjects:
               (1)  child mental health;
               (2)  child mental health screening;
               (3)  social and emotional learning;
               (4)  positive behavior interventions and supports;
               (5)  trauma-informed care; or
               (6)  another similar subject.
         (a-3)  The training under Subsection (a-2):
               (1)  may be completed through an in-person training or
  a distance learning course;
               (2)  must include at least one hour of training on
  identification of potential developmental delays, methods for
  referring children with special needs for specialized services, or
  information on early childhood intervention; and
               (3)  must be made available to the facility without
  cost.
         (f)  The training required by this section must be
  appropriately targeted and relevant to the age of the children who
  will receive care from the individual receiving training and must
  be provided by a person who:
               (1)  is a training provider registered with the Texas
  Early Childhood Professional Development System's Texas Trainer
  Registry that is maintained by the Texas Head Start State
  Collaboration Office;
               (2)  is an instructor at a public or private secondary
  school, an institution of higher education, as defined by Section
  61.003, Education Code, or a private college or university
  accredited by a recognized accrediting agency who teaches early
  childhood development or another relevant course, as determined by
  rules adopted by the commissioner of education and the commissioner
  of higher education;
               (3)  is an employee of a state agency with relevant
  expertise;
               (4)  is a physician, psychologist, licensed
  professional counselor, social worker, or registered nurse;
               (5)  holds a generally recognized credential or
  possesses documented knowledge relevant to the training the person
  will provide;
               (6)  is a registered family home care provider or
  director of a day-care center or group day-care home in good
  standing with the department, if applicable, and who:
                     (A)  has demonstrated core knowledge in child
  development and caregiving; and
                     (B)  is only providing training at the home or
  center in which the provider or director and the person receiving
  training are employed; [or]
               (7)  has at least two years of experience working in
  child development, a child development program, early childhood
  education, a childhood education program, or a Head Start or Early
  Head Start program and:
                     (A)  has been awarded a Child Development
  Associate (CDA) credential; or
                     (B)  holds at least an associate's degree in child
  development, early childhood education, or a related field;
               (8)  is an accredited early intervention specialist;
               (9)  is an accredited early childhood intervention
  service provider; or
               (10)  is a licensed behavior analyst.
         SECTION 3.  Section 42.045(a), Human Resources Code, is
  amended to read as follows:
         (a)  A person who operates a licensed or certified facility
  shall maintain individual child development records, individual
  health records, records provided by parents for children with
  special needs, statistical records, and complete financial
  records.
         SECTION 4.  Subchapter C, Chapter 42, Human Resources Code,
  is amended by adding Section 42.069 to read as follows:
         Sec. 42.069.  REQUIRED INFORMATION FOR PARENTS. A day-care
  center, group day-care home, or registered family home shall
  provide written disclosure to a parent or guardian of each child
  attending the facility that includes:
               (1)  a form developed by the commission that describes
  developmental milestones and potential indicators of developmental
  delay and provides information on accessing early childhood
  intervention in the area served by the day-care center, group
  day-care home, or registered family home under Part C, Individuals
  with Disabilities Education Act (20 U.S.C. Section 1431 et seq.);
  and
               (2)  the facility's policies on providing care to
  children with disabilities.
         SECTION 5.  As soon as practicable after the effective date
  of this Act, the executive commissioner of the Health and Human
  Services Commission shall adopt the rules necessary to implement
  the changes in law made by this Act.
         SECTION 6.  This Act takes effect September 1, 2023.