Florida Senate - 2026                                      SB 72
       
       
        
       By Senator Harrell
       
       
       
       
       
       31-00334-26                                             202672__
    1                        A bill to be entitled                      
    2         An act relating to individual education plans;
    3         amending s. 1003.5716, F.S.; requiring a school
    4         district to complete an evaluation to determine if a
    5         student is eligible for an individualized education
    6         plan (IEP) within a specified timeframe; requiring an
    7         IEP team meeting to be convened within a specified
    8         timeframe; requiring a school district to take
    9         specified actions if a related service identified in a
   10         student’s IEP is not provided; providing that a parent
   11         or guardian has the right to request provider logs or
   12         notes within a specified timeframe; requiring the
   13         school district to inform parents of such right;
   14         creating s. 1003.5718, F.S.; requiring each school
   15         district to provide an individualized orientation to
   16         each parent or guardian of a student newly identified
   17         to be eligible for exceptional student education
   18         services; providing requirements for the orientation;
   19         requiring the school district to obtain a signed
   20         acknowledgement from each parent or guardian;
   21         requiring that annual refresher orientations be
   22         offered and documented; requiring that certain
   23         information be retained in a student’s education
   24         records; providing an effective date.
   25          
   26  Be It Enacted by the Legislature of the State of Florida:
   27  
   28         Section 1. Subsection (5) is added to section 1003.5716,
   29  Florida Statutes, to read:
   30         1003.5716 Transition to postsecondary education and career
   31  opportunities.—All students with disabilities who are 3 years of
   32  age to 21 years of age have the right to a free, appropriate
   33  public education. As used in this section, the term “IEP” means
   34  individual education plan.
   35         (5)(a) Within 60 calendar days after receiving parental
   36  consent, a school district must complete an initial evaluation
   37  to determine whether a student is eligible for an IEP. The
   38  school district must convene an IEP team meeting within 30
   39  calendar days after eligibility is determined.
   40         (b) If a related service identified in a student’s IEP is
   41  not provided as scheduled, the school district must notify the
   42  parent or guardian in writing within 5 school days, explain the
   43  reason the service was not provided, and provide a written plan
   44  for make-up services.
   45         (c) A parent or guardian has the right to access, upon
   46  request, all service provider logs or progress notes within 15
   47  school days after such service is provided. The school district
   48  must inform parents of this right at each IEP meeting.
   49         Section 2. Section 1003.5718, Florida Statutes, is created
   50  to read:
   51         1003.5718 Parental education, enforcement, and IEP
   52  transition requirements.—
   53         (1) Each school district shall provide an individualized
   54  orientation to the parent or guardian of a student newly
   55  identified to be eligible for exceptional student education
   56  services. The orientation must include all of the following:
   57         (a) An overview of procedural safeguards.
   58         (b) Parental rights and responsibilities.
   59         (c) Instructions on accessing and reviewing service logs.
   60         (d) Instructions on filing complaints with the Department
   61  of Education.
   62         (2) The school district must obtain a signed acknowledgment
   63  from the parent or guardian confirming receipt of the
   64  orientation in a format the parent understands. Annual refresher
   65  orientations must be offered and documented. All acknowledgment
   66  forms must be retained in the student’s education records.
   67         Section 3. This act shall take effect July 1, 2026.