Florida Senate - 2022                             CS for SB 1294
       
       
        
       By the Committee on Education; and Senator Gruters
       
       
       
       
       
       581-02281-22                                          20221294c1
    1                        A bill to be entitled                      
    2         An act relating to individual education plan meetings;
    3         amending s. 1002.20, F.S.; authorizing a parent of a
    4         public school student to audio or video record any
    5         meeting with his or her child’s individual education
    6         plan (IEP) team; requiring the parent to notify the
    7         school district in writing a specified time in advance
    8         of his or her intent to record the meeting;
    9         prohibiting a parent or any other individual in
   10         possession of such audio or video recording from
   11         publicly sharing its contents without the consent of
   12         all recorded parties; providing an exception; amending
   13         s. 1014.04, F.S.; providing that parents have the
   14         right to audio or video record meetings with their
   15         child’s IEP team; providing an effective date.
   16          
   17  Be It Enacted by the Legislature of the State of Florida:
   18  
   19         Section 1. Paragraph (c) is added to subsection (21) of
   20  section 1002.20, Florida Statutes, to read:
   21         1002.20 K-12 student and parent rights.—Parents of public
   22  school students must receive accurate and timely information
   23  regarding their child’s academic progress and must be informed
   24  of ways they can help their child to succeed in school. K-12
   25  students and their parents are afforded numerous statutory
   26  rights including, but not limited to, the following:
   27         (21) PARENTAL INPUT AND MEETINGS.—
   28         (c)1.IEP meetings.Notwithstanding s. 934.03 and subject
   29  to the protections provided in the Family Educational Rights and
   30  Privacy Act of 1974, 20 U.S.C. s. 1232g, and ss. 1002.22 and
   31  1002.225, a parent of a public school student may audio or video
   32  record any meeting with his or her child’s IEP team, provided
   33  that the parent notifies the school district in writing of his
   34  or her intent to record the meeting at least 24 hours before the
   35  meeting.
   36         2.A parent or any other individual in possession of an
   37  audio or video recording authorized by this paragraph or s.
   38  1014.04(1)(k) may not publicly share its contents without the
   39  consent of all recorded parties. This paragraph does not
   40  prohibit a party from using an audio or video recording as
   41  evidence during a legal proceeding, a mediation, an
   42  administrative proceeding, or other grievance process authorized
   43  by the Individuals with Disabilities Education Act.
   44         Section 2. Paragraph (k) is added to subsection (1) of
   45  section 1014.04, Florida Statutes, to read:
   46         1014.04 Parental rights.—
   47         (1) All parental rights are reserved to the parent of a
   48  minor child in this state without obstruction or interference
   49  from the state, any of its political subdivisions, any other
   50  governmental entity, or any other institution, including, but
   51  not limited to, all of the following rights of a parent of a
   52  minor child in this state:
   53         (k) The right, pursuant to s. 1002.20(21)(c), to audio or
   54  video record meetings with his or her child’s individual
   55  education plan (IEP) team.
   56         Section 3. This act shall take effect July 1, 2022.