The purpose of these rule amendments is to reflect the updates of s., 1003.5716, F.S., passed during the 2024 Legislative Session. A student with an individual educational plan (IEP) and his or her parents must be provided ....

 

DEPARTMENT OF EDUCATION

State Board of Education

RULE NOS.:RULE TITLES:

6A-6.03028Provision of Free Appropriate Public Education (FAPE) and Development of Individual Educational Plans for Students with Disabilities

6A-6.03311Procedural Safeguards and Due Process Procedures for Parents and Students with Disabilities

PURPOSE AND EFFECT: The purpose of these rule amendments is to reflect the updates of s., 1003.5716, F.S., passed during the 2024 Legislative Session. A student with an individual educational plan (IEP) and his or her parents must be provided information on self-determination and the legal responsibilities regarding the educational decisions that transfer to the student upon age 18. The rule will include supported decision-making agreements, as provided in s. 709.2209, F.S., in the required information provided to students with disabilities and their parents.

SUMMARY: Transfer of rights for students with disabilities.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:

The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the Agency.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: Based upon the nature of the changes, this proposed rule is not expected to have any adverse impact on economic growth, business competitiveness or any other factors listed in s. 120.541(2)(a), F.S., and will not require legislative ratification. No increase in regulatory costs is anticipated as a result of the rule changes.

Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

RULEMAKING AUTHORITY: 1001.02(1), (2)(n), 1003.01, 1003.4203, 1003.4282, 1003.55, 1003.57, 1003.571, 1003.5715, 1003.5716, 1008.212, 1008.22, F.S.

LAW IMPLEMENTED: 1002.33, 1003.01, 1003.4203, 1003.4282, 1003.55, 1003.57, 1003.571, 1003.5715, 1003.5716, 1008.212, 1008.22, F.S.

A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:

DATE AND TIME: July 24, 2024, 9:00 a.m.

PLACE: Rosen Shingle Creek Hotel, 9939 Universal Boulevard, Suwannee 18/19/20, Orlando, FL 32819.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Alice Schmitges, Bureau of Exceptional Education and Student Services, 325 West Gaines Street, Tallahassee, FL 32399-0400, [phone].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

6A-6.03028 Provision of Free Appropriate Public Education (FAPE) and Development of Individual Educational Plans for Students with Disabilities.

(1) through (2) No change.

(3) IEP requirements. An IEP must be developed, reviewed, and revised 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, in accordance with this rule. For a student identified as gifted in accordance with Rule 6A-6.03019, F.A.C., and who is also identified as a student with a disability, as defined in paragraph 6A-6.03411(1)(f), F.A.C., the strengths, needs and services associated with a student’s giftedness must be addressed in the student’s IEP. Parents are partners with schools and school district personnel in developing, reviewing, and revising the IEP for their student. For the purposes of this rule, the term parents also includes legal guardians.

(a) through (g) No change.

(h) Contents of the IEP. The IEP for each student with a disability must include:

1. through 10. No change.

11. At least one (1) year before the student reaches the age of majority, provision of information and instruction to the student and his or her parent on self-determination and the legal rights and responsibilities regarding the educational decisions that transfer to the student upon attaining the age of eighteen (18). Pursuant to Section 1003.5716, F.S., the information must include the ways in which the student may provide informed consent to allow his or her parent to continue to participate in educational decisions, including:

a. through d. No change.

e. Supported decision making agreements as provided in s. 709.2209, F.S.

(i) through (t) No change.

Rulemaking Authority 1001.02(1), (2)(n), 1003.01(3)(a), (b), 1003.4203, 1003.4282, 1003.55, 1003.57, 1003.571, 1003.5715, 1008.22 FS. Law Implemented 1002.33, 1003.01(3)(a), (b), 1003.4203, 1003.4282, 1003.55, 1003.57, 1003.571, 1003.5715, 1003.5716, 1008.22 FS. History–New 7-13-93, Amended 10-17-04, 12-22-08, 12-15-09, 3-25-14, 12-23-14, 1-7-16, 5-3-22, 9-26-23, 2-20-24,

 

6A-6.03311 Procedural Safeguards and Due Process Procedures for Parents and Students with Disabilities.

Each public agency, including a school district, must establish, maintain and implement procedural safeguards that meet the requirements of this rule. A public agency means local educational agencies (LEAs), educational services agencies (ESAs), nonprofit public charter schools that are not otherwise included as LEAs or ESAs and are not a school of an LEA or ESA, and any other political subdivisions of the State that are responsible for providing education to children with disabilities.

(1) through (7) No change.

(8) Transfer of Parental Rights at the Age of Majority.

(a) through (c) No change.

(d) At least one (1) year before the student reaches age eighteen (18), the public agency must provide information and instruction to the student and his or her parent on self-determination and the legal rights and responsibilities regarding the educational decisions that transfer to the student upon attaining the age of eighteen (18). The information and instruction must include a written notice that the rights afforded to parents under Part B of the Individuals with Disabilities Education Act transfer to the student at age eighteen (18) except in specified circumstances referenced in paragraph (8)(a) of this rule, a description of the rights that transfer to the student, and the ways in which the parent may continue to participate in educational decisions, including:

1. through 4. No change

5. Supported decision making agreements as provided in s. 709.2209, F.S.

(e) through (f) No change.

(9) No change.

Rulemaking Authority 1001.02(1), (2)(n), 1003.01(3), 1003.57, 1003.571, 1003.5715, 1003.5716, 1008.212 FS. Law Implemented 1003.01(3), 1003.57, 1003.571, 1003.5715, 1003.5716, 1008.212 FS. History–New 7-13-83, Amended 12-20-83, 4-26-84, Formerly 6A-6.3311, Amended 7-17-90, 9-20-04, 12-22-08, 3-25-14, 7-14-21, 6-14-22, 8-22-23 11-21-23,

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Alice Schmitges, Bureau of Exceptional Education and Student Services

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Manny Diaz Jr., Commissioner, Department of Education

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: June 16, 2024

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: April 30, 2024