HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: CS/CS/HB 19 Individual Education Plans
SPONSOR(S): Education & Employment Committee, Civil Justice Subcommittee, Tant and others
TIED BILLS: None. IDEN./SIM. BILLS: SB 636
REFERENCE ACTION ANALYST STAFF DIRECTOR or
1) Education Quality Subcommittee 17 Y, 0 N Wolff Sanchez
2) Civil Justice Subcommittee 17 Y, 0 N, As CS Mathews Jones
3) Education & Employment Committee 20 Y, 0 N, As CS Wolff Hassell
All students who are between the ages of three and 21, and who have a disability have the right to a free,
appropriate public education. The Individuals with Disabilities Education Act (IDEA) governs how state and
public agencies provide early intervention, education, and related services to eligible children with disabilities.
States receiving IDEA funds must comply with detailed procedural requirements, including identifying,
evaluating, and making placements for students with disabilities and for developing an individualized
education program (IEP) for each student. Florida law requires a student’s IEP team to begin the planning
process and IEP development when the student is in grade seven or when the student attains the age of 12,
whichever occurs first.
In Florida, the age of majority is 18 and the rights, privileges, and responsibilities of adults are granted to an
individual automatically. As authorized by the IDEA, educational rights for students with disabilities transfer to
the student upon attaining the age of majority. Moreover, once a student attains the age of majority, the
rights related to access to education records, including the right to consent to their release, shift from the
parent to the student.
To support students with disabilities and their parents when the student attains the age of majority while in
school, CS/HB 19 requires school districts to provide information and instruction to a student and his or her
parent on self-determination and the legal rights and responsibilities relating to educational decisions that
transfer to the student upon turning 18. The information provided must include options for maintaining
parental involvement in educational decision-making and must include a Family Educational Rights and
Privacy Act waiver, powers of attorney, guardian advocacy, and guardianship.
The bill also provides the State Board of Education (SBE) with rulemaking authority and requires the SBE to
adopt rules for the administration of the provisions of the bill.
The bill does not appear to have a fiscal impact on state or local governments.
The bill provides an effective date of July 1, 2023.
This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives .
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I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Students with Disabilities
All students who are between the ages of three and 21, and have a disability1 have the right to a free,
appropriate public education (FAPE).2 It is the responsibility of each state and school district to develop
procedures to provide all students with disabilities access to a FAPE in the least restrictive
environment.3 During the 2020-2021 academic year, Florida public schools served 406,944 students
Individuals with Disabilities Education Act
The federal Individuals with Disabilities Education Act (IDEA) 5 governs how state and public agencies
provide early intervention, education, and related services to eligible children with disabilities.6 States
receiving IDEA funds must comply with detailed procedural requirements, including identifying,
evaluating, and making placements for students with disabilities and for developing an individualized
education program (IEP)7 for each student.8 In developing an IEP, the IEP team 9 is required to consider
a child’s strengths, concerns of the parents for enhancing education, results of the initial evaluation or
most recent evaluation of the child, and the academic, developmental, and functional needs of the
child, as well as special factors.10 Federal law requires that the student’s first IEP, which must be in
effect when the student turns 16, must include measurable postsecondary goals related to training,
education, employment, and where appropriate, independent living skills.11 The IEP must also specify
the transition services 12 needed to assist the student in reaching those goals. 13 Federal law requires the
1 Disabilities that qualify a student as an exceptional student include an intellectual disability; an autism spectrum disorder ; a speech
impairment; a language impairment; an orthopedic impairment; another health impairment; traumatic brain injury; a visua l
impairment; an emotional or behavioral disability; a specific learning disability, including, but not limited to, dyslexia, d yscalculia, or
developmental aphasia; deafness, hard of hearing, or dual sensory impairment; or developmental delays from birth t hrough five years
old or if the student is hospitalized or homebound. Section 1003.01(3)(a), F.S.
2 20 U.S.C. s. 1412(a)(1); s. 1003.5716, F.S.
3 Florida Department of Education, Developing Quality Individual Education Plans, at 9 (2015), available at
4 Florida Department of Education, Education Information and Accountability Services Data Report, Membership in Programs for
Exceptional Students, Final Survey 2, 2020-21, http://www.fldoe.org/accountability/data-sys/edu-info-accountability-services/pk-12-
public-school-data-pubs-reports/students.stml (last visited Jan. 12, 2023).
5 20 U.S.C. s. 1400 et seq.; 34 C.F.R. s. 300.17.
6 See 20 U.S.C. s. 1412(a)(1); See also U.S. Department of Education, National Assessment of IDEA Overview, at 1-2 (July 2011),
available at https://ies.ed.gov/ncee/pubs/20114026/pdf/20114026.pdf.
7 In Florida statute, IEP refers to an “individual education plan.” Section 1003.5716, F.S.
8 20 U.S.C. s. 1415.
9 The IEP team is comprised of the student’s parent(s), at least one regular education teacher of the student (if the student is or may be
participating in the regular education environment), at least one special education teacher of the student, a representative of th e local
education agency, an individual who can interpret instructional implications of evaluation results (may be the teacher or a gency
representative), other individuals who have knowledge or special expertise of the student at the discretion of the parent or agency, and
the student when appropriate. 20 U.S.C. s. 1414(d)(1)(B).
10 20 U.S.C. s. 1414(d)(3)(A) and (B).
11 20 U.S.C. s. 1414(d)(1)(A)(i)(VIII).
12 Under IDEA, transition services are defined as a coordinated set of activities that (1) is designed to be within a results -oriented
process focused on improving the academic and functional achievement of a child with a disability to facilitate the child’s movement
from school to post-school activities; (2) is based on the individual child’s needs, strengths, preferences, and interests; and (3) includes
instruction, related services, community experiences, the development of employment and other post-school adult living objectives,
and when appropriate, acquisition of daily living skills and functional vocational evaluation. 20 U.S.C. s. 1401(34). Transit ion services
are also defined in Rule 6A-6.03411(1)(nn), F.A.C.
13 20 U.S.C. s. 1414(d)(1)(A)(i)(VIII).
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IEP team to review the student’s IEP at least annually to determine whether the student’s goals are
being achieved and to revise the IEP as necessary. 14
Workforce Innovation and Opportunity Act of 2014
The federal Workforce Innovation and Opportunity Act of 2014 (WIOA) 15 aims to increase opportunities
for individuals facing barriers to employment and focus on the connection between education and
career preparation.16 The WIOA requires that state vocational rehabilitation agencies set aside at least
15 percent of their federal funds to provide pre-employment transition services to eligible individuals
with a disability17 who:
Are between 14 and 21 years of age;18 and
o Have a current IEP;19 or
o Have or are eligible for an accommodation plan pursuant to s. 504 of the Rehabilitation
Act of 1973.20
Florida Law Governing Exceptional Student Education
As the state educational agency, the Florida Department of Education (DOE) exercises general
supervision over all educational programs for children with disabilities in the state, including all
programs administered by other state or local agencies. 21 DOE’s Bureau of Exceptional Education and
Student Services (BEESS) is responsible for ensuring that the requirements of federal law and the
educational requirements of the state are implemented.22 The bureau is required to examine and
evaluate exceptional student education (ESE) procedures, records, and programs; provide information
and assistance to school districts; and assist the districts in operating effectively and efficiently.23
Individual Education Plan in Florida
For each eligible student or child with a disability served by a school district, or other state agency that
provides special education and related services either directly, by contract, or through other
arrangements, an IEP or individual family support plan must be developed, reviewed, and revised, as
needed.24 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.25
14 20 U.S.C. s. 1414(d)(4)(a).
15 Pub. L. No. 113-128, 128 Stat. 1425 (July 22, 2014).
16 See U.S. Department of Labor, Employment & Training Administration, WIOA Overview,
https://www.doleta.gov/wioa/about/overview/ (last visited Jan. 12, 2023).
17 States may elect a lower minimum age or higher maximu m age for receipt of pre-employment services under IDEA. Workforce
Innovation Technical Assistance Center, Pre-employment Transition Services, http://www.wintac.org/topic-areas/pre-employment-
transition-services (last visited Jan. 12, 2023).
18 Section 413.301(1), F.S.
20 Id. Section 504 of the Rehabilitation Act of 1973 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. Pub. L. No. 93-112, s. 504, 83 Stat.
355, 361 (1973), as amended and codified in 29 U.S.C. s. 794. State and local agencies that administer federally -funded programs or
activities may devise an accommodation plan for someone with a disability to allow the disabled person’s participation in the program.
Florida Department of Education, Accommodations: Assisting Students with Disabilities, at 3 (2018), available at
http://www.fldoe.org/core/filepars e.php/7567/urlt/0070069-acco mm-educator.pdf.
21 20 U.S.C. s. 1412(a)(11); 34 C.F.R. s. 300.149.
22 34 C.F.R. s. 300.149(a)(1) and (2).
23 Florida Department of Education, Bureau of Exceptional Student Education and Student Services, Exceptional Student Education
Compliance Protocols 2020-2021, at 1, available at http://www.fldoe.org/core/fileparse.php/7673/urlt/MonitoringIntroduction.pdf.
24 Rule 6A-6.03028(3), F.A.C.
25 Florida Department of Education, Developing Quality Individual Education Plans, at 9 (2015), available at
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Florida law requires a student’s IEP team to begin the planning process and IEP development when the
student is in grade seven or when the student attains the age of 12, whichever occurs first. 26 The IEP
team must identify the student’s need for transition services before the student enters high school or
attains the age of 14, whichever occurs first.27 The student’s IEP must be operational and in place for
implementation on the first day of the student’s first year of high school.28 The process of identifying the
need for transition services and developing an IEP must include: 29
Consideration of the student’s need for instruction in the area of self-determination and self-
advocacy to assist in the student’s active and effective participation in IEP meetings;
Preparation for the student to graduate from high school with a standard high school diploma30
with a Scholar designation31 unless the student’s parent chooses a Merit designation; 32
Information about the school district’s high-school level transition services, career and technical
education, and collegiate programs available to students with a disability and how to access
Information about programs and services available through Florida’s Center for Students with
Unique Abilities, Florida’s Centers for Independent Living, the Division of Vocational
Rehabilitation, the Agency for Persons with Disabilities, and the Division of Blind Services; and
Referral forms, links, and technical support contacts for accessing services and programs.
The IEP in effect when the student enters high school or attains the age of 14, or when determined
appropriate by the parent and IEP team, must include the following: 33
A statement of intent to pursue a standard high school diploma and a Scholar or Merit
designation as determined by the parent.
A statement of intent to receive a standard high school diploma before the student attains age
22 and a description of how the student will complete the graduation requirements. The
statement must also specify the outcomes and additional benefits expected by the parent and
IEP team at the time of the student’s graduation.
A statement 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 needed to assist the
student in meeting those goals.
The required statements in the IEP must be updated annually. 34 Students with disabilities must be
reevaluated at least once every three years to determine their continuing eligibility for special education
and related services.35 However, a student’s parent or teacher may request an IEP team meeting or a
reevaluation at any time.36
IEP teams are required to invite representatives of relevant agencies that may provide services after
the student exits high school with the consent of the parent or student who has reached the age of
majority.37 Agency involvement in transition planning is based on the nature of the student’s needs, the
student’s disability, whether the student is potentially eligible for services, and the student’s
26 Section 1003.5716(1), F.S.
29 Section 1003.5716(1)(a)-(b), F.S.
30 Section 1003.4282, F.S.
31 A “Scholar” designation requires a student to meet the requirements of s. 1003.4282, F.S., for a standard high school diploma and
satisfy additional specific course requirements in mathematics, science, social studies, foreign language, and electives. See s.
32 A “Merit” designation requires a student to meet the requirements of s. 1003.4282, F.S., for a standard high school diploma and
attain one or more industry certifications from the list established under s. 1003.492, F.S. See s. 1003.4285(1)(b ), F.S.
33 Section 1003.5716(2), F.S.
35 Rule 6A-6.0331(7), F.A.C.
36 See Rule 6A-6.03028, F.A.C.
37 34 C.F.R. s. 300.321(b)(3); Rule 6A-6.03028(1)(c)9., F.A.C.
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postsecondary education and career goals.38 Agencies frequently involved in the planning and delivery
of transition services in Florida include:
Agency for Persons with Disabilities;
Center for Independent Living;
Florida 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.39
IEP teams also consider pre-employment transition services 40 through the Division of VR 41 in the
development of post-secondary and career goals.42
Impact of Students Attaining the Age of Majority
Individuals with Disabilities Education Act
The IDEA specifically authorizes states to transfer rights reserved for parents of a student with
disabilities to the student once the student attains the age of majority. 43 The IDEA requires that such
transfer of rights must be provided for in state law that applie