Florida Senate - 2021                                     SB 726
       
       
        
       By Senator Taddeo
       
       
       
       
       
       40-01001-21                                            2021726__
    1                        A bill to be entitled                      
    2         An act relating to individual education plan
    3         requirements for students with disabilities; amending
    4         s. 1003.5716, F.S.; revising the timeline for the
    5         development and implementation of an individual
    6         education plan (IEP) for a student with disabilities
    7         to transition to postsecondary education and career
    8         opportunities; revising the requirements for an IEP
    9         for the transitions to a postsecondary education or
   10         career opportunities; requiring the parents of
   11         students with disabilities to provide a written notice
   12         relating to the deferment of a standard high school
   13         diploma by a specified date; conforming provisions to
   14         changes made by the act; requiring the Department of
   15         Education to conduct a review of specified services
   16         and programs; requiring the department to establish
   17         and publish on its website uniform best practices for
   18         such services and programs by a specified date;
   19         providing an effective date.
   20          
   21  Be It Enacted by the Legislature of the State of Florida:
   22  
   23         Section 1. Subsections (1) and (2) of section 1003.5716,
   24  Florida Statutes, are amended to read:
   25         1003.5716 Transition to postsecondary education and career
   26  opportunities.—All students with disabilities who are 3 years of
   27  age to 21 years of age have the right to a free, appropriate
   28  public education. As used in this section, the term “IEP” means
   29  individual education plan.
   30         (1) To ensure quality planning for a successful transition
   31  of a student with a disability to postsecondary education and
   32  career opportunities, during the student’s seventh grade year,
   33  an IEP team shall begin the process of, and develop an IEP for,
   34  identifying the need for transition services before the student
   35  with a disability enters high school attains the age of 14 years
   36  in order for his or her postsecondary goals and career goals to
   37  be identified. The plan must be operational and in place to
   38  begin implementation on the first day of the student’s first
   39  year in high school or when he or she attains the age of 16
   40  years, whichever occurs first. This process must include, but is
   41  not limited to:
   42         (a) Consideration of the student’s need for instruction in
   43  the area of self-determination and self-advocacy to assist the
   44  student’s active and effective participation in an IEP meeting;
   45  and
   46         (b) Preparation for the student to graduate from high
   47  school with a standard high school diploma pursuant to s.
   48  1003.4282 with a Scholar designation unless the parent chooses a
   49  Merit designation;.
   50         (c)The provision of information to parents and students
   51  about the school district’s high school-level transition courses
   52  and vocational, career, and collegiate programs available to
   53  students with disabilities and how to access such programs,
   54  including, but not limited to, school-based transition programs;
   55  the Center for Students with Unique Abilities collegiate,
   56  career, and technical courses; and programs and services
   57  provided to youth and adults by the Division of Vocational
   58  Rehabilitation, the Agency for Persons with Disabilities, and
   59  the Division of Blind Services. Applications for Division of
   60  Vocational Rehabilitation services and Agency for Persons with
   61  Disabilities services shall be provided to parents and students
   62  at IEP meetings. An IEP team must also discuss with parents
   63  restrictions on information sharing which come into effect
   64  without the appointment of guardianship upon a student with a
   65  disability turning 18 years of age; and
   66         (d)Discussion of the process for a student with a
   67  disability who meets the requirements for a standard high school
   68  diploma to defer the receipt of such diploma pursuant to s.
   69  1003.4282(10)(c). The parent of such student must provide a
   70  notice in writing no later than May 15 of the year his or her
   71  student will graduate that he or she understands the process for
   72  deferment and whether his or her student will defer the receipt
   73  of such diploma.
   74         (2) Beginning not later than the first IEP to be in effect
   75  when the student enters the first day of his or her first year
   76  in high school or attains the age of 16, or younger if
   77  determined appropriate by the parent and the IEP team, the IEP
   78  must include the following statements that must be updated
   79  annually:
   80         (a) A statement of intent to pursue a standard high school
   81  diploma and a Scholar or Merit designation, pursuant to s.
   82  1003.4285, as determined by the parent.
   83         (b) A statement of intent to receive a standard high school
   84  diploma before the student attains the age of 22 and a
   85  description of how the student will fully meet the requirements
   86  in s. 1003.4282, including, but not limited to, a portfolio
   87  pursuant to s. 1003.4282(10)(b) which meets the criteria
   88  specified in State Board of Education rule. The IEP must also
   89  specify the outcomes and additional benefits expected by the
   90  parent and the IEP team at the time of the student’s graduation.
   91         (c) A statement of appropriate measurable long-term
   92  postsecondary education and career goals based upon age
   93  appropriate transition assessments related to training,
   94  education, employment, and, if appropriate, independent living
   95  skills and the transition services, including preemployment
   96  transition services and courses of study needed to assist the
   97  student in reaching those goals.
   98         Section 2. The Department of Education shall conduct a
   99  review of existing transition services and programs for students
  100  with disabilities to establish uniform best practices for such
  101  programs to deliver appropriate employment, pre-employment, and
  102  independent living skills education to students enrolled in such
  103  transition programs. The department must establish and publish
  104  on its website such uniform best practices no later than July 1,
  105  2022.
  106         Section 3. This act shall take effect July 1, 2021.