eLaws of Florida

  SECTION 1003.5715. Parental consent; individual education plan.  


Latest version.
  • 1(1) 2The Department of Education shall adopt separate parental consent forms that school districts must use for each of the following actions in a student’s individual education plan (IEP):
    30(a) 31Administer to the student an alternate assessment pursuant to s. 411008.22 42and provide instruction in the state standards access points curriculum.
    52(b) 53Place the student in an exceptional student education center.
    62(2) 63In accordance with 34 C.F.R. s. 300.503, each form shall be provided to the parent in the parent’s native language, as defined in 34 C.F.R. s. 300.29, and include the following:
    94(a) 95A statement that the parent is a participant of the individual education plan team (IEP Team) and has the right to consent or refuse consent to the actions described in subsection (1). The statement shall include information that the refusal of parental consent means that the school district may not proceed with the actions described in subsection (1) without a school district due process hearing in accordance with 34 C.F.R. ss. 166300.507 167and 168300.508169.
    170(b) 171A “does consent” box and a signature line.
    179(c) 180A “does not consent” box and a signature line.
    189(d) 190An informational statement of the benefits and consequences of giving parental consent to the actions described in subsection (1).
    209(3) 210A school district may not proceed with the actions described in subsection (1) without parental consent unless the school district documents reasonable efforts to obtain the parent’s consent and the child’s parent has failed to respond or the school district obtains approval through a due process hearing in accordance with 34 C.F.R. ss. 263300.507 264and 265300.508 266and resolution of appeals.
    270(4) 271Except for a change in placement described in s. 2801003.57(1)(h), 281if a school district determines that there is a need to change an exceptional student’s IEP as it relates to actions described in subsection (1), the school must hold an IEP Team meeting that includes the parent to discuss the reason for the change. The school shall provide written notice of the meeting to the parent at least 10 days before the meeting, indicating the purpose, time, and location of the meeting and who, by title or position, will attend the meeting. The IEP Team meeting requirement may be waived by informed consent of the parent after the parent receives the written notice.
    384(5) 385For a change in actions described in subsection (1) in a student’s IEP, the school district may not implement the change without parental consent unless the school district documents reasonable efforts to obtain the parent’s consent and the child’s parent has failed to respond or the school district obtains approval through a due process hearing in accordance with 34 C.F.R. ss. 446300.507 447and 448300.508 449and resolution of appeals.
    453(6) 454Pursuant to 34 C.F.R. s. 300.518, during the pendency of a due process hearing or appellate proceeding regarding a due process complaint, the student shall remain in his or her current educational assignment while awaiting the decision of any impartial due process hearing or court proceeding, unless the parent and the district school board otherwise agree.
    510(7) 511This section does not abrogate any parental right identified in the Individuals with Disabilities Education Act (IDEA) and its implementing regulations.
    532(8) 533The State Board of Education shall adopt rules pursuant to ss. 544120.536(1) 545and 546120.54 547to implement this section, including, but not limited to, developing parental consent forms.
History.-s. 4, ch. 2013-236.