THE BILL ITSELF
CS/CS/HB 615
Individual Education Plans
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A bill to be entitled
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An act relating to individual education plans;
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amending s. 1003.57, F.S.; requiring a school district
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to complete an initial evaluation to determine if a
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student is eligible for an individualized education
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plan (IEP) within a specified timeframe; requiring an
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IEP team meeting to be convened within a specified
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timeframe; requiring specified information to be
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included in a student's educational records; requiring
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certain school personnel to take specified actions if
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a related service identified in a student's IEP is not
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provided; providing that a parent has the right to
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access, upon request, service logs within a specified
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timeframe; requiring the IEP team to inform parents of
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such right; requiring each school district to provide
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an individualized orientation to the parent of a
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student newly identified to be eligible for
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exceptional student education services; requiring the
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school district to obtain a signed acknowledgement
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from each parent; providing requirements for the
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orientation and acknowledgement; requiring school
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districts to notify parents of available refresher
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orientations each year; requiring that certain
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information be retained in a student's education
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records; amending s. 1003.576, F.S.; requiring school
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districts to develop standardized services logs for
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the provisions of specified services for use by
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specified persons; providing an effective date.
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Be It Enacted by the Legislature of the State of Florida:
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Section 1. Paragraph (c) of subsection (1) of section
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1003.57, Florida Statutes, is amended to read:
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1003.57 Exceptional students instruction.—
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(1)
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(c)1. A student may not be given special instruction or
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services as an exceptional student until after he or she has
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been properly evaluated and found eligible as an exceptional
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student in the manner prescribed by rules of the State Board of
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Education.
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2. In accordance with rules of the State Board of
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Education, a school district must complete an initial evaluation
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to determine whether a student is eligible for an individual
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education plan (IEP) within 60 calendar days after receiving
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parental consent to perform such evaluation. The school district
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must convene an IEP team meeting within 30 calendar days after
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eligibility is determined. The notification and written plan
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must be retained in the student's educational record.
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3. The parent of an exceptional student evaluated and
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found eligible or ineligible shall be notified of each such
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evaluation and determination. Such notice shall contain a
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statement informing the parent that he or she is entitled to a
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due process hearing on the identification, evaluation, and
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eligibility determination, or lack thereof. Such hearings are
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exempt from ss. 120.569, 120.57, and 286.011, except to the
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extent that the State Board of Education adopts rules
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establishing other procedures. Any records created as a result
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of such hearings are confidential and exempt from s. 119.07(1).
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The hearing must be conducted by an administrative law judge
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from the Division of Administrative Hearings pursuant to a
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contract between the Department of Education and the Division of
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Administrative Hearings. The decision of the administrative law
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judge is final, except that any party aggrieved by the finding
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and decision rendered by the administrative law judge has the
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right to bring a civil action in the state circuit court. In
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such an action, the court shall receive the records of the
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administrative hearing and shall hear additional evidence at the
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request of either party. In the alternative, in hearings
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conducted on behalf of a student who is identified as gifted,
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any party aggrieved by the finding and decision rendered by the
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administrative law judge has the right to request a review of
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the administrative law judge's order by the district court of
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appeal as provided in s. 120.68.
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4. If a school or service provider is unable to provide a
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related service identified in a student's IEP as scheduled, the
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school administrator or staffing specialist must notify the
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parent in writing within 5 school days, explain the reason the
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service was not provided, and provide a written plan for make-up
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services.
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5. A parent has the right to access, upon request, all
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service logs within 15 school days after such service is
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provided. The IEP team must inform parents of this right at each
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IEP meeting.
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6. Each school district shall provide an individualized
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orientation to the parent of a student newly identified as
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eligible for exceptional student education services. The school
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district must obtain a signed acknowledgment from the parent
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confirming that the orientation was provided in a format the
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parent understands. Each school district shall notify parents
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when refresher orientations are available each year. The
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acknowledgment form must be retained in the student's education
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records. The orientation must include all of the following:
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a. An overview of procedural safeguards.
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b. Parental rights and responsibilities.
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c. Instructions on accessing and reviewing service logs.
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d. Instructions on filing complaints with the school
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district and the Department of Education.
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Section 2. Section 1003.576, Florida Statutes, is amended
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to read:
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1003.576 Individual education plans for exceptional
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students.—
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(1) The Department of Education must develop and have an
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operating electronic individual education plan (IEP) IEP system
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in place for statewide use. The statewide system shall be
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developed collaboratively with school districts and must include
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input from school districts currently developing or operating
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electronic IEP systems.
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(2) Each school district must develop a standardized
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service log, which includes progress notes, for the provision of
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related services as identified in the student's IEP, to be used
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by school staff and service providers.
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Section 3. This act shall take effect July 1, 2026.