15 | 15 | | An act relating to individual education plans; 2 |
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16 | 16 | | amending s. 1003.5716, F.S.; requiring individual 3 |
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17 | 17 | | education plans for certain students to contain 4 |
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18 | 18 | | information and instruction on certain legal rights 5 |
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19 | 19 | | and responsibilities that transfer to students at the 6 |
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20 | 20 | | age of 18; requiring such information to include ways 7 |
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21 | 21 | | in which a student may provide informed consent to 8 |
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22 | 22 | | allow his or her parent to continue to participate in 9 |
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23 | 23 | | his or her educational decisions; requiring the State 10 |
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24 | 24 | | Board of Education to adopt rules; providing an 11 |
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25 | 25 | | effective date. 12 |
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26 | 26 | | 13 |
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27 | 27 | | Be It Enacted by the Legislature of the State of Florida: 14 |
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28 | 28 | | 15 |
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29 | 29 | | Section 1. Subsection (1) of section 1003.5716, Florida 16 |
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30 | 30 | | Statutes, is amended to read: 17 |
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31 | 31 | | 1003.5716 Transition to postsecondary education and career 18 |
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32 | 32 | | opportunities.—All students with disabilities who are 3 years of 19 |
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33 | 33 | | age to 21 years of age have the right to a free, appropriate 20 |
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34 | 34 | | public education. As used in this section, the term "IEP" me ans 21 |
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35 | 35 | | individual education plan. 22 |
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36 | 36 | | (1) To ensure quality planning for a successful transition 23 |
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37 | 37 | | of a student with a disability to postsecondary education and 24 |
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38 | 38 | | career opportunities, during the student's seventh grade year or 25 |
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46 | 46 | | Page 2 of 3 |
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47 | 47 | | 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 |
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51 | 51 | | when the student attains the age of 1 2, whichever occurs first, 26 |
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52 | 52 | | an IEP team shall begin the process of, and develop an IEP for, 27 |
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53 | 53 | | identifying the need for transition services before the student 28 |
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54 | 54 | | with a disability enters high school or attains the age of 14 29 |
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55 | 55 | | years, whichever occurs first, in order for his or her 30 |
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56 | 56 | | postsecondary goals and career goals to be identified. The plan 31 |
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57 | 57 | | must be operational and in place to begin implementation on the 32 |
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58 | 58 | | first day of the student's first year in high school. This 33 |
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59 | 59 | | process must include, but is not limited to: 34 |
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60 | 60 | | (a) Consideration of the student's need for instruction in 35 |
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61 | 61 | | the area of self-determination and self -advocacy to assist the 36 |
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62 | 62 | | student's active and effective participation in an IEP meeting; 37 |
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63 | 63 | | (b) Preparation for the student to graduate from high 38 |
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64 | 64 | | school with a standa rd high school diploma pursuant to s. 39 |
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65 | 65 | | 1003.4282 with a Scholar designation unless the parent chooses a 40 |
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66 | 66 | | Merit designation; and 41 |
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67 | 67 | | (c) Provision of the information to the student and his or 42 |
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68 | 68 | | her parent of the school district's high school -level transition 43 |
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69 | 69 | | services, career and technical education, and collegiate 44 |
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70 | 70 | | programs available to students with disabilities and how to 45 |
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71 | 71 | | access such programs. Information shall also be provided on 46 |
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72 | 72 | | school-based transition programs and programs and services 47 |
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73 | 73 | | available through Florid a's Center for Students with Unique 48 |
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74 | 74 | | Abilities, the Florida Centers for Independent Living, the 49 |
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75 | 75 | | Division of Vocational Rehabilitation, the Agency for Persons 50 |
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83 | 83 | | Page 3 of 3 |
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84 | 84 | | 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 |
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88 | 88 | | with Disabilities, and the Division of Blind Services. Referral 51 |
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89 | 89 | | forms, links, and technical support contacts for these services 52 |
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90 | 90 | | must be provided to students and parents at IEP meetings ; and 53 |
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91 | 91 | | (d) At least 1 year before the student reaches the age of 54 |
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92 | 92 | | majority, provision of information and instruction to the 55 |
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93 | 93 | | student and his or her parent on self -determination and the 56 |
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94 | 94 | | legal rights and responsibilities regarding the educational 57 |
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95 | 95 | | decisions that transfer to the student upon attaining the age of 58 |
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96 | 96 | | 18. The information must include the ways in which the student 59 |
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97 | 97 | | may provide informed consent to allow his or her parent to 60 |
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98 | 98 | | continue to participate in educational decisions, including: 61 |
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99 | 99 | | 1. Informed consent to grant permission to access 62 |
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100 | 100 | | confidential records protected under the Family Educational 63 |
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101 | 101 | | Rights and Privacy Act (FERPA) as provided in s. 1002.22. 64 |
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102 | 102 | | 2. Powers of attorn ey as provided in chapter 709. 65 |
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103 | 103 | | 3. Guardian advocacy as provided in s. 393.12. 66 |
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104 | 104 | | 4. Guardianship as provided in chapter 744 . 67 |
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105 | 105 | | 68 |
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106 | 106 | | The State Board of Education shall adopt rules to administer 69 |
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107 | 107 | | this paragraph. 70 |
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108 | 108 | | Section 2. This act shall take effect July 1, 2023. 71 |
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