Individual Educational Plans (IEPs) and Educational Plans (EPs) for Transferring Exceptional Students
RULE NO.:RULE TITLE:
6A-6.0334Individual Educational Plans (IEPs) and Educational Plans (EPs) for Transferring Exceptional Students
NOTICE OF CHANGE
Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 42 No. 248, December 23, 2016 issue of the Florida Administrative Register.
(1) No change.
(2) IEPs for students transferring to or from a Florida school district and a full-time virtual program under Section 1002.37 or 1002.45, F.S.
(a) In accordance with subsection (1) of this rule, if an exceptional education student who had an IEP or EP that was in effect in a previous Florida school or school district enrolls in a full-time virtual program under Section 1002.37 or 1002.45, F.S., the virtual program must determine if the student meets the profile for success in this educational delivery context. If the student meets the profile for success in this educational delivery context, the virtual program will provide FAPE to the student, which includes services comparable to those described in the student’s IEP or EP from the previous school or school district, until the IEP team for the virtual program either:
1. No change.
2. Develops, adopts and implements a new IEP or EP that meets the applicable requirements of or Rules 6A-3.03011-.0361, F.A.C. A virtual program may not deny or delay enrollment pending review of a student’s IEP or EP.
(b) through (c) No change.
(3) through (4) No change.
(5) Transmittal of records. To facilitate the transition for a student described in subsections (1)-(4) of this rule:
(a) The new school district in which the student enrolls must take reasonable steps to promptly obtain the student’s records, including the IEP or EP and supporting documents and any other records relating to the provision of special education or related services to the student, from the previous school district in which the student was enrolled, pursuant to 34 CFR 99.31(a)(2); and
(b) The previous school district in which the student was enrolled must take reasonable steps to promptly respond to the request from the new school district.
Rulemaking Authority 1001.02(1), 1003.01(3), 1003.57 FS. Law Implemented 1001.03(8), 1001.42(4)(l), 1003.01(3), 1003.57 FS. History–New 7-13-83, Formerly 6A-6.334, Amended 3-9-92, 12-22-08
