Florida Senate - 2023 SB 636 By Senator Simon 3-00786-23 2023636__ 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 certain legal rights 6 and responsibilities that transfer to students at the 7 age of 18; requiring such information to include ways 8 in which a student may provide informed consent to 9 allow his or her parent to continue to participate in 10 his or her educational decisions; providing an 11 effective date. 12 13 Be It Enacted by the Legislature of the State of Florida: 14 15 Section 1. Paragraphs (b) and (c) of subsection (1) of 16 section 1003.5716, Florida Statutes, are amended, and paragraph 17 (d) is added to subsection (1) of that section, to read: 18 1003.5716 Transition to postsecondary education and career 19 opportunities.—All students with disabilities who are 3 years of 20 age to 21 years of age have the right to a free, appropriate 21 public education. As used in this section, the term “IEP” means 22 individual education plan. 23 (1) To ensure quality planning for a successful transition 24 of a student with a disability to postsecondary education and 25 career opportunities, during the student’s seventh grade year or 26 when the student attains the age of 12, whichever occurs first, 27 an IEP team shall begin the process of, and develop an IEP for, 28 identifying the need for transition services before the student 29 with a disability enters high school or attains the age of 14 30 years, whichever occurs first, in order for his or her 31 postsecondary goals and career goals to be identified. The plan 32 must be operational and in place to begin implementation on the 33 first day of the student’s first year in high school. This 34 process must include, but is not limited to: 35 (b) Preparation for the student to graduate from high 36 school with a standard high school diploma pursuant to s. 37 1003.4282 with a Scholar designation unless the parent chooses a 38 Merit designation;
and39 (c) Provision of the information to the student and his or 40 her parent of the school district’s high school-level transition 41 services, career and technical education, and collegiate 42 programs available to students with disabilities and how to 43 access such programs. Information shall also be provided on 44 school-based transition programs and programs and services 45 available through Florida’s Center for Students with Unique 46 Abilities, the Florida Centers for Independent Living, the 47 Division of Vocational Rehabilitation, the Agency for Persons 48 with Disabilities, and the Division of Blind Services. Referral 49 forms, links, and technical support contacts for these services 50 must be provided to students and parents at IEP meetings; and 51 (d) At least 1 year before the student reaches the age of 52 majority, provision of information and instruction to the 53 student and his or her parent on self-determination and the 54 legal rights and responsibilities regarding the educational 55 decisions that transfer to the student upon attaining the age of 56 18. The information must include the ways in which the student 57 may provide informed consent to allow his or her parent to 58 continue to participate in educational decisions, including: 59 1. Informed consent to grant permission to access 60 confidential records protected under the Family Educational 61 Rights and Privacy Act (FERPA) as provided in s. 1002.22. 62 2. Powers of attorney as provided in chapter 709. 63 3. Guardian advocacy as provided in s. 393.12. 64 4. Guardianship as provided in chapter 744. 65 Section 2. This act shall take effect July 1, 2023.