CS/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 State 10
Board 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 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" me ans 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
CS/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
when the student attains the age of 1 2, 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: 34
(a) Consideration of the student's need for instruction in 35
the area of self-determination and self -advocacy to assist the 36
student's active and effective participation in an IEP meeting; 37
(b) Preparation for the student to graduate from high 38
school with a standa rd 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 Florid a'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
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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
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 attorn ey as provided in chapter 709. 65
3. Guardian advocacy as provided in s. 393.12. 66
4. Guardianship as provided in chapter 744 . 67
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The State Board of Education shall adopt rules to administer 69
this paragraph. 70
Section 2. This act shall take effect July 1, 2023. 71