Current through Reg. 50, No. 187; September 24, 2024
(1)
Individual educational plans (IEPs) and educational plans (EPs) for students
who transfer school districts within Florida. If an exceptional education
student who had an IEP or EP that was in effect in a previous Florida school
district transfers to a new Florida school district and enrolls in a new
school, the new Florida school district (in consultation with the parents or
legal guardians) must provide free and appropriate public education (FAPE) to
the student, which includes services comparable to those described in the
student's IEP or EP from the previous Florida school district, until the new
Florida school district either:
(a) Adopts the
student's IEP or EP from the previous school district, or
(b) Develops, adopts and implements a new IEP
or EP that meets the applicable requirements of Rules
6A-6.03011 -.0361,
F.A.C.
(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. Adopts the
student's IEP or EP from the previous school or school district, or
2. Develops, adopts and implements a new IEP
or EP that meets the applicable requirements of Rules 6A-6.03011-.0361, F.A.C.
A virtual program may not deny or delay enrollment pending review of a
student's IEP or EP.
(b)
When an IEP team of a school district determines that the full-time virtual
program is appropriate for a student in accordance with Section
1003.57(5),
F.S., within fifteen (15) business days prior to the withdrawal from the school
district, the school district must convene an IEP team meeting with at least
one (1) representative specific to the full-time virtual program to determine
appropriate goals, supports and services for the student. The receiving virtual
program may adopt and implement the student's existing IEP from the previous
school district or may revise the IEP as needed, to meet the student's needs in
the virtual environment.
(c) When
an IEP team for a virtual program determines that the full-time virtual program
is not appropriate for a student in accordance with Section
1003.57(5),
F.S., the full-time virtual program must, within fifteen (15) business days,
convene an IEP team meeting to determine appropriate goals, supports and
services for the student. A representative from the school district of
residence for the student must participate in this meeting. A student may not
be disenrolled from a full-time virtual program until after the IEP team has
met and determined appropriate services for the student.
(3) IEPs for students who transfer from
outside Florida. If an exceptional education student who had an IEP that was in
effect in a previous school district in another state transfers to a Florida
school district and enrolls in a new school within the same school year, the
new Florida school district (in consultation with the parents or legal
guardians) must provide the student with FAPE (including services comparable to
those described in the student's IEP from the previous school district), until
the new Florida school district:
(a) Conducts
an initial evaluation pursuant to subsections
6A-6.0331(4) and
(5), F.A.C., (if determined to be necessary
by the new Florida school district); and,
(b) Develops, adopts and implements a new IEP
that meets the applicable requirements of Rules 6A-6.03011-.0361,
F.A.C.
(c) The new school district
is not required to obtain parental consent for the initial provision of
services for transferring exceptional students determined eligible for services
in Florida under this rule.
(4) Gifted plans for students transferring.
If a student who had a gifted plan that was in effect in a previous school
district in another state transfers to a Florida school district and enrolls in
a new school within the same school year, the new Florida school district (in
consultation with the parents or legal guardians) must provide the student with
services comparable to those described in the student's gifted plan from the
previous school district, until the new Florida school district develops,
adopts and implements a Florida EP that meets the applicable requirements of
Rule 6A-6.030191, F.A.C. Students who
transfer with gifted eligibility from another state do not need to meet the
requirements of Rule 6A-6.03019, F.A.C., for continued services.
(a) The new school district is not required
to obtain parental consent for the initial provision of services for
transferring gifted students determined eligible for services in Florida under
this rule.
(b) For the purposes of
this rule, a gifted plan could include documentation from the previous school
district in another state that the student was determined eligible for gifted
services in accordance with the applicable requirements of that district or
state and was receiving gifted services.
(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 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 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),
1003.01(3),
1003.57
FS.
New 7-13-83, Formerly 6A-6.334, Amended 3-9-92, 12-22-08,
2-20-17.
