The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Committee on Appropriations
BILL: CS/CS/SB 726
INTRODUCER: Appropriations Committee (Recommended by Appropriations Subcommittee on
Education); Education Committee; and Senator Taddeo
SUBJECT: Workforce and Career Planning for Students with Disabilities
DATE: April 21, 2021 REVISED:
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Sagues Bouck ED Fav/CS
2. Underhill Elwell AED Recommend: Fav/CS
3. Underhill Sadberry AP Fav/CS
Please see Section IX. for Additional Information:
COMMITTEE SUBSTITUTE - Technical Changes
I. Summary:
CS/CS/SB 726 modifies communication and timeline provisions for developing an Individual
Education Plan (IEP) in order to ensure quality planning for a successful transition of a student
with a disability to postsecondary education and career opportunities. Specifically, the bill
requires:
An IEP team to start the transition process during the student’s seventh grade year, or when
the student attains the age of 12, whichever occurs first.
An IEP team to have an operational plan in place that is implemented on the first day of the
student’s first year in high school or when he or she attains the age of 14, whichever occurs
first.
School districts to provide to parents and students the following information on:
o The school district's high school-level transition services, career and technical education,
and collegiate programs available to such students and how to access such programs.
o School-based transition programs and programs and services available through Florida’s
Center for Student’s with Unique Abilities, the Florida Centers for Independent Living,
the Division of Vocational Rehabilitation, the Agency for Persons with Disabilities, and
the Division of Blind Services.
The statement of the student’s intent to pursue a standard high school diploma must
document discussion of the process of deferment of a standard high school diploma for a
student with a disability who meets the requirements for a standard high school diploma.
BILL: CS/CS/SB 726 Page 2
The IEP in effect at the start of the student’s graduation year must include a signed statement
by the student’s parent or guardian, or by the student if of majority age and rights have
transferred, that documents understanding of the deferment process and identifies whether
the student will defer the receipt of a standard high school diploma.
The Florida Department of Education (FDOE) to conduct a review, in conjunction with the
Project 10: Transition Education Network, of existing transition services and programs to
establish uniform best practices for such programs to deliver appropriate employment, pre-
employment, and independent living skills education to enrolled students. The FDOE must
publish best practices by July 1, 2022.
The bill has no impact on state revenues or expenditures. See Section V.
The bill takes effect on July 1, 2021.
II. Present Situation:
Students with Disabilities
All students who are between the ages of three to 21 and have a disability have the right to a free,
appropriate public education (FAPE).1 It is the responsibility of each state and school district to
develop procedures consistent with the requirement that all students with disabilities have access
to a FAPE in the least restrictive environment.2
Individuals with Disabilities Education Act (IDEA)
The Individuals with Disabilities Education Act (IDEA) is a federal law that makes available a
FAPE to eligible children with disabilities throughout the nation and ensures special education
and related services are provided to those children. For the 2018-19 school year, more than 7.5
million eligible infants, toddlers, children, and youth with disabilities were provided early
intervention, special education, and related services.
The stated purpose of the IDEA is to:
Ensure that all children with disabilities have a FAPE that emphasizes special education and
related services designed to meet their unique needs and prepare them for further education,
employment, and independent living;
Ensure that the rights of children with disabilities and parents of such children are protected;
Assist states, localities, educational service agencies, and federal agencies to provide for the
education of all children with disabilities;
Assist states in the implementation of a statewide, comprehensive, coordinated,
multidisciplinary, interagency system of early intervention services for infants and toddlers
with disabilities and their families;
Ensure that educators and parents have the necessary tools to improve educational results for
children with disabilities by supporting system improvement activities; coordinated research
1
Section 1003.5716, F.S.
2
Florida Department of Education, Developing Quality Individual Education Plans (2015), available at
http://www.fldoe.org/core/fileparse.php/7690/urlt/0070122-qualityieps.pdf, at 9.
BILL: CS/CS/SB 726 Page 3
and personnel preparation; coordinated technical assistance, dissemination, and support; and
technology development and media services; and
Assess, and ensure the effectiveness of, efforts to educate children with disabilities.3
The Individuals with Disabilities Education Act (IDEA) requires that:
Students with disabilities who meet the criteria of one or more categories of disability
specified in law and who need special education services have an Individual Education Plan
(IEP);
The IEP must be reviewed at least annually and revised as necessary;
Due process rights are guaranteed;
Student records are confidential;
Parents are important partners in the IEP process and must be invited to all IEP meetings; and
Student evaluation procedures are nondiscriminatory.4
Workforce Innovation and Opportunity Act of 2014 (WIOA)
The WIOA5 aims to increase opportunities for individuals facing barriers to employment and
focus on the connection between education and career preparation.6 The WIOA requires that
state vocational rehabilitation agencies set aside at least 15 percent of their federal funds to
provide preemployment transition services7 to eligible individuals with a disability who:8
Are between 14 and 21 years of age; and
Have a current IEP; or
Have or are eligible for an accommodation plan pursuant to s. 504 of the Rehabilitation Act
of 1973.9
Section 504 of the Rehabilitation Act of 1973
Section 504 of the Rehabilitation Act of 197310 prohibits any program or activity that receives
federal financial assistance from discriminating against an otherwise qualified individual solely
by reason of his or her disability. State and local agencies that administer federally funded
3
U.S. Department of Education, IDEA Individuals with Disabilities Education Act, https://sites.ed.gov/idea/about-
idea/#IDEA-Purpose (last visited March 4, 2021).
4
Florida Department of Education, Developing Quality Individual Education Plans (2015), available at
http://www.fldoe.org/core/fileparse.php/7690/urlt/0070122-qualityieps.pdf, at 9.
5
Pub. L. No. 113-128, 128 Stat. 1425 (July 22, 2014).
6
See U.S. Department of Labor, Employment & Training Administration, WIOA Overview,
https://www.doleta.gov/wioa/about/overview/ (last visited March 5, 2020).
7
“Transition services” means a coordinated set of activities for a student, designed within an outcome-oriented process, that
promote movement from school to post-school activities, including postsecondary education; vocational training; integrated
employment; supported employment; continuing and adult education; adult services; independent living, or community
participation. Section 413.20(26), F.S.
8
States may elect a lower minimum age or higher maximum age for receipt of pre-employment services under
IDEA.Workforce Innovation Technical Assistance Center, Preemployment Transition Services, http://www.wintac.org/topic-
areas/pre-employment-transition-services (last visited March 5, 2021).
9
Section 413.310(1), F.S.
10
Pub. L. No. 93-112, s. 504, 83 Stat. 355, 361 (1973), as amended and codified in 29 U.S.C. s. 794.
BILL: CS/CS/SB 726 Page 4
programs or activities may devise an accommodation plan11 for someone with a disability to
allow the disabled person’s participation in the program.12
The Individual Education Plan
The IEP is the primary vehicle for communicating the school district’s commitment to
addressing the unique educational needs of a Florida student with a disability.13 To ensure
quality planning for a successful transition of a student with a disability to postsecondary
education and career opportunities, an IEP team begins the process of identifying the need for
transition services before the student with a disability attains the age of 14 years. When the
student attains the age of 16, the IEP must be updated annually to include a statement:14
Addressing the intent for the student to pursue a standard high school diploma and other
appropriate measurable long-term postsecondary education and career goals;
Of intent to receive a standard high school diploma and a Scholar or Merit designation as
determined by the parent; and15
Of appropriate measurable long-term postsecondary education and career goals based upon
age-appropriate transition assessments related to training, education, employment, and, if
appropriate, independent living skills and the transition services, including preemployment
transition services and courses of study needed to assist the student in reaching such goals.
IEP teams are required to invite agencies,16 with parental consent if the student has not reached
the age of majority consent, that may provide services after the student exits high school and
11
The Section 504 plan identifies the services and accommodations necessary for a student to access instruction and may
include accommodations in the classroom and for local and state assessments. Florida Department of Education,
Accommodations, Assisting Students with Disabilities (2018), available at
http://www.fldoe.org/core/fileparse.php/7567/urlt/0070069-accomm-educator.pdf, at 3.
12
See Alexander v. Choate, 469 U.S. 287 (1985).
13
Florida Department of Education, Developing Quality Individual Education Plans (2015), available at
http://www.fldoe.org/core/fileparse.php/7690/urlt/0070122-qualityieps.pdf, at 9.
14
Section 1003.5716(2), F.S.
15
See Section 1003.4285, F.S.
16
Agency involvement in transition planning is based on the nature of the student’s needs and the student’s disability,
whether the student is potentially eligible for services and the student’s postsecondary education and career goals, such as
further education, training, employment and independent living. Agencies frequently involved in the planning and delivery of
transition services in Florida include: Agency for Persons with Disabilities; Center for Independent Living; Department of
Children and Families; Division of Blind Services; Division of Vocational Rehabilitation (VR); Social Security
Administration; Local career and technical schools, Florida colleges and universities; and other adult service providers.
Florida Department of Education, Developing Quality Individual Education Plans (2015), available at
http://www.fldoe.org/core/fileparse.php/7690/urlt/0070122-qualityieps.pdf, at 47.
BILL: CS/CS/SB 726 Page 5
include consideration of pre-employment transition services17 through the Division of Vocational
Rehabilitation (VR)18 in the development of post-secondary and career goals.19
Deferral of Receipt of a Standard Diploma
A student with a disability who’s IEP requires special education, transition planning, transition
services or related services through age 21 may defer the receipt of their standard diploma. After
deferral, the student must also be enrolled in accelerated college credit instruction, industry
certification courses that lead to college credit, a collegiate high school program, courses
necessary to satisfy the requirements for scholar designation, or a structured workstudy,
internship or pre-apprenticeship program to continue to receive FAPE.20
The district must work with the student and his or her parent to review the benefits of deferring
and describe in writing the services and programs available to the student who wishes to defer.
The decision to defer is made by the parent, or the student if 18 or over, along with the rest of the
IEP team, during the year the student is expected to meet all of the requirements for a standard
diploma. This decision must be noted on the student’s IEP and the approval of the parent or
student, if appropriate, may be documented on a separate form from the IEP.21
The parent and student must be informed in writing by January 30 of the year in which the
student is expected to meet graduation requirements, that:
Failure to defer releases the school district of the obligation to provide FAPE;
The deadline for acceptance or deferral is May 15 of that year; and
Failure to attend the graduation ceremony does not constitute deferral.22
Students do not need to defer every year after this decision is made. The deferral will last until
the student is no longer eligible for FAPE or chooses to receive their diploma.23
17
VR provides pre-employment services, which may include career exploration counseling, workplace readiness training,
community-based work experiences, self-advocacy instruction, peer mentoring and postsecondary educational counseling for
students with a disability. Id. at 48.
18
The Division of VR is housed in the FDOE. VR and VR services mean any service, provided directly or through public or
private entities, to enable an individual or group of individuals to achieve an employment outcome, including, but not limited
to, medical and vocational diagnosis, an assessment for determining eligibility and vocational rehabilitation needs by
qualified personnel; counseling, guidance, and work-related placement services; vocational and other training services;
physical and mental restoration services; maintenance for additional costs incurred while participating in rehabilitation;
interpreter services for individuals who are deaf; recruitment and training services to provide new employment opportunities
in the fields of rehabilitation, health, welfare, public safety, law enforcement, and other appropriate service employment;
occupational licenses; tools, equipment, and initial stocks and supplies; transportation; telecommunications, sensory, and
other technological aids and devices; rehabilitation technology services; referral services designed to secure needed services
from other agencies; transition services; on-the-job or other related personal assistance services; and supported employment
services. Section 413.20(8) and (28), F.S.
19
Florida Department of Education, Senate Bill 726 Fiscal Analysis (January 25, 2020) (on file with the Senate Committee
on Education).
20
Section 1003.4282(11)(c)-(d), F.S. Fla. Admin. Code R. 6A-1.09963(6).
21
Florida Department of Education, Developing Quality Individual Education Plans (2015), available at
http://www.fldoe.org/core/fileparse.php/7690/urlt/0070122-qualityieps.pdf, at 64.
22
Id.
23
Students with disabilities are no longer eligible for FAPE if awarded a standard high school diploma or attained age 22. Id.
Fla. Admin. Code R. 6A-1.09963(6).
BILL: CS/CS/SB 726 Page 6
III. Effect of Proposed Changes:
The bill amends s. 1003.5716, to modify communication and timeline provisions for developing
an Individual Education Plan (IEP) in order to ensure quality planning for a successful transition
of a student with a disability to postsecondary education and career opportunities. Such
modifications may provide parents and students with additional information and time to make
informed decisions to meet the student’s post-secondary needs for success. Specifically, the bill
requires:
An IEP team to start the transition process during the student’s seventh grade year or when
the student