Florida Senate - 2022                                    SB 1674
       
       
        
       By Senator Ausley
       
       
       
       
       
       3-01269B-22                                           20221674__
    1                        A bill to be entitled                      
    2         An act relating to individual education plans;
    3         amending s. 1003.5716, F.S.; requiring individual
    4         education plans for certain students to contain
    5         information and instruction on the legal rights and
    6         responsibilities regarding educational decisions which
    7         transfer to students at the age of 18; requiring such
    8         information to include ways in which a student may
    9         provide informed consent to allow his or her parent to
   10         continue to participate in his or her educational
   11         decisions; providing an effective date.
   12          
   13  Be It Enacted by the Legislature of the State of Florida:
   14  
   15         Section 1. Subsection (1) of section 1003.5716, Florida
   16  Statutes, is amended to read:
   17         1003.5716 Transition to postsecondary education and career
   18  opportunities.—All students with disabilities who are 3 years of
   19  age to 21 years of age have the right to a free, appropriate
   20  public education. As used in this section, the term “IEP” means
   21  individual education plan.
   22         (1) To ensure quality planning for a successful transition
   23  of a student with a disability to postsecondary education and
   24  career opportunities, during the student’s seventh grade year or
   25  when the student attains the age of 12, whichever occurs first,
   26  an IEP team shall begin the process of, and develop an IEP for,
   27  identifying the need for transition services before the student
   28  with a disability enters high school or attains the age of 14
   29  years, whichever occurs first, in order for his or her
   30  postsecondary goals and career goals to be identified. The plan
   31  must be operational and in place to begin implementation on the
   32  first day of the student’s first year in high school. This
   33  process must include, but is not limited to, all of the
   34  following:
   35         (a) Consideration of the student’s need for instruction in
   36  the area of self-determination and self-advocacy to assist the
   37  student’s active and effective participation in an IEP meeting.;
   38         (b) Preparation for the student to graduate from high
   39  school with a standard high school diploma pursuant to s.
   40  1003.4282 with a Scholar designation unless the parent chooses a
   41  Merit designation.; and
   42         (c) Provision of the information to the student and his or
   43  her parent of the school district’s high school-level transition
   44  services, career and technical education, and collegiate
   45  programs available to students with disabilities and how to
   46  access such programs. Information shall also be provided on
   47  school-based transition programs and programs and services
   48  available through Florida’s Center for Students with Unique
   49  Abilities, the Florida Centers for Independent Living, the
   50  Division of Vocational Rehabilitation, the Agency for Persons
   51  with Disabilities, and the Division of Blind Services. Referral
   52  forms, links, and technical support contacts for these services
   53  must be provided to students and parents at IEP meetings.
   54         (d)At least 1 year before the student reaches the age of
   55  majority, provision of information and instruction to the
   56  student and his or her parent on self-determination and the
   57  legal rights and responsibilities regarding the educational
   58  decisions which transfer to the student upon attaining the age
   59  of 18. The information must include the ways in which the
   60  student may provide informed consent to allow his or her parent
   61  to continue to participate in his or her educational decisions,
   62  including:
   63         1.Informed consent to grant permission to access
   64  confidential records protected under the Family Educational
   65  Rights and Privacy Act (FERPA) as provided in s. 1002.22.
   66         2.Powers of attorney as provided in chapter 709.
   67         3.Guardian advocacy as provided in s. 393.12.
   68         4.Guardianship as provided in chapter 744.
   69         Section 2. This act shall take effect July 1, 2022.