Thank You

Governor Scott, for signing the bill. Sen. Gardiner, primary Senate sponsor,

and Sen. Thrasher, also Senate sponsor. Reps. Brodeur and Manny Diaz, House

sponsors. Foundation for Florida’s Future Disability Rights Florida

Myths Were Busted “You can’t add to parent rights in IDEA – it’s a

violation of Federal law.” Then how come lots of other states do? 20 U.S.C. §1407(a)(2) states that each state

must “identify in writing to … the Secretary any such rule, regulation, or policy as a State-imposed requirement that is not required by [IDEA] and Federal regulations”.

IDEA Is A Floor, Not Ceiling

Instead, we took the approach of using parent rights in IDEA as a floor, not a ceiling.

Bipartisan approach. Attitude on both sides of aisle that these were reasonable.

Important because disability issues are non-partisan. Passed Legisalature unanimously.

Five Major Changes For Families

Freedom to bring person of their choice to a meeting without fear of coercion, harassment, or retaliation – Section 1, 1002.20(21)(a).

Explicit consent to major decisions at IEP team level, such as placement and special diploma track – Section 4, 1003.5715.

Right to have private therapists work with children in class with consent of teacher and principal – Section 5, 1003.572.

Five Major Changes For Families (Cont’d)

Right to be informed of how much funding school district is receiving for your child in ESE – Section 3, 1003.57(j).

New process to follow to obtain an extraordinary exemption from standardized testing – goes from IEP team to superintendent to Commissioner – Section 7, 1008.212.

Major Changes Analyzed

Parent has right to bring person of their choice to meetings without fear of harassment, coercion, or retaliation – Section 1, 1002.20(21)(a).

We all know most schools and districts get this right, but some don’t.

Paper must be signed at end of meeting by parent and school district.

Major Changes Analyzed (Cont’d) Explicit parental consent for:

Alternative assessment

Placement

Special diploma– Section 4, 1003.5715.

Separate form required.

Burden shifts to school district to go to due process.

Stay put in place until and unless parent agrees or district prevails at due process.

“Stay Put” where?

What if you don’t agree with your child’s placement made before SB 1108 effective date?

Sec. 1003.5715(6), Section 4 of the Bill, says “current educational assignment” until due process is resolved.

Major Changes Analyzed (Cont’d)

Major Changes Analyzed (Cont’d) “Private instructional personnel” – includes

private certified behavior analysis, applied behavior analyst, physical therapist, occupational therapist, speech language therapist, psychologist and/or clinical social worker – Section 5, 1003.572.

Teacher and principal must consent to time and place.

Doesn’t relieve school district’s obligation to comply with IDEA and/or provide FAPE.

Major Changes Analyzed (Cont’d)

Right of parent to be informed of how much funding school district is receiving for their child at first IEP meeting of the year – Section 3, 1003.57(j).

Useful information for everyone.

Major Changes Analyzed (Cont’d) New process to request extraordinary exemption

from standardized testing – Section 7, 1008.212. For cases of extreme disability where testing

doesn’t measure ability even with accommodations provided.

Request starts with IEP team. Requires extensive documentation. Then goes to district superintendent who makes recommendation to Commissioner.

Other Changes

BPIE – Best Practices in Inclusive Education – assessment. Conducted by school district and each school in conjunction with FIN (Florida Inclusion Network) once every three years – Section 3, 1003.57(1)(f).

Results and all planned short- and long-term improvements must be included in district’s ESE policies and procedures.

Other Changes (Cont’d) Charter school funding – streamlines certain

reimbursement processes – Section 2, 1002.33. Definition of places where our children are educated.

Standardizes many different terms currently being used around state – Section 3, 1003.57(1)(a).

School grade and who receives credit for ESE students - scores go back to home school with very limited exemptions for those with most severe disabilities – Section 8, 1008.3415.

Other Changes (Cont’d)

Beginning July 1, 2014, one hour of CEU in the area of teaching students with disabilities required for all educators. Part of, not in addition to, current required total number of CEU hours – Section 9, 1012.585(3)(e).

Link to SB 1108

http://www.myfloridahouse.com/Sections/Documents/loaddoc.aspx?FileName=_s1108er.DOCX&DocumentType=Bill&BillNumber=1108&Session=2013

We’re happy to introduce:

Website: fndu.org

For more information, please contact:

Rich La Belle, Executive DirectorFamily Network on Disabilities

2196 Main St., Suite KDunedin, FL 34698

(727) 523-1130(800) 825-5736

richlabelle@fndusa.orgfnd@fndusa.orgwww.fndusa.org

© 2013 Family Network on Disabilities, Inc.