CS/HB 19 2023
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to individual education plans; 2
amending s. 1003.5716, F.S.; requiring individual 3
education plans for certain students to contain 4
information and instruction on certain legal rights 5
and responsibilities that transfer to students at the 6
age of 18; requiring such information to include ways 7
in which a student may provide informed consent to 8
allow his or her parent to continue to participate in 9
his or her educational decisions; requiring the 10
Department of Education to adopt rules; providing an 11
effective date. 12
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Be It Enacted by the Legislature of the State of Florida: 14
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Section 1. Subsection (1) of section 1003.5716, Florida 16
Statutes, is amended, and subsection (5) is added to that 17
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
CS/HB 19 2023
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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
(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 stude nt 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 p rograms and services 48
available through Florida's Center for Students with Unique 49
Abilities, the Florida Centers for Independent Living, the 50
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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 ; and 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 that transfer to the student upon attaining the age of 59
18. The information must include the ways in which the student 60
may provide informed consent to allow his or her parent to 61
continue to participate in educational decisions, including: 62
1. Informed consent to grant permission to access 63
confidential records protected under the Family Educational 64
Rights and Privacy Act (FERPA) as provided in s. 1002.22. 65
2. Powers of attorney as provided in chapter 709. 66
3. Guardian advocacy as provided in s. 393.12. 67
4. Guardianship as provided in chapter 744 . 68
(5) The Department of Education shall adopt rules to 69
administer this section. 70
Section 2. This act shall take effect July 1, 2023. 71