Florida Senate - 2023                              CS for SB 636
       By the Committee on Education Pre-K -12; and Senators Simon and
       581-02304-23                                           2023636c1
    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; requiring the State
   11         Board of Education to adopt rules; providing an
   12         effective date.
   14  Be It Enacted by the Legislature of the State of Florida:
   16         Section 1. Paragraphs (b) and (c) of subsection (1) of
   17  section 1003.5716, Florida Statutes, are amended, paragraph (d)
   18  is added to subsection (1), and subsection (5) is added to that
   19  section, to read:
   20         1003.5716 Transition to postsecondary education and career
   21  opportunities.—All students with disabilities who are 3 years of
   22  age to 21 years of age have the right to a free, appropriate
   23  public education. As used in this section, the term “IEP” means
   24  individual education plan.
   25         (1) To ensure quality planning for a successful transition
   26  of a student with a disability to postsecondary education and
   27  career opportunities, during the student’s seventh grade year or
   28  when the student attains the age of 12, whichever occurs first,
   29  an IEP team shall begin the process of, and develop an IEP for,
   30  identifying the need for transition services before the student
   31  with a disability enters high school or attains the age of 14
   32  years, whichever occurs first, in order for his or her
   33  postsecondary goals and career goals to be identified. The plan
   34  must be operational and in place to begin implementation on the
   35  first day of the student’s first year in high school. This
   36  process must include, but is not limited to:
   37         (b) Preparation for the student to graduate from high
   38  school with a standard high school diploma pursuant to s.
   39  1003.4282 with a Scholar designation unless the parent chooses a
   40  Merit designation; and
   41         (c) Provision of the information to the student and his or
   42  her parent of the school district’s high school-level transition
   43  services, career and technical education, and collegiate
   44  programs available to students with disabilities and how to
   45  access such programs. Information shall also be provided on
   46  school-based transition programs and programs and services
   47  available through Florida’s Center for Students with Unique
   48  Abilities, the Florida Centers for Independent Living, the
   49  Division of Vocational Rehabilitation, the Agency for Persons
   50  with Disabilities, and the Division of Blind Services. Referral
   51  forms, links, and technical support contacts for these services
   52  must be provided to students and parents at IEP meetings; and
   53         (d)At least 1 year before the student reaches the age of
   54  majority, provision of information and instruction to the
   55  student and his or her parent on self-determination and the
   56  legal rights and responsibilities regarding the educational
   57  decisions that transfer to the student upon attaining the age of
   58  18. The information must include the ways in which the student
   59  may provide informed consent to allow his or her parent to
   60  continue to participate in educational decisions, including:
   61         1.Informed consent to grant permission to access
   62  confidential records protected under the Family Educational
   63  Rights and Privacy Act (FERPA) as provided in s. 1002.22.
   64         2.Powers of attorney as provided in chapter 709.
   65         3.Guardian advocacy as provided in s. 393.12.
   66         4.Guardianship as provided in chapter 744.
   67         (5) The State Board of Education shall adopt rules to
   68  administer this section.
   69         Section 2. This act shall take effect July 1, 2023.