OSER Questions and Answers
The following Questions and Answers on Secondary Transition and Letters were issued by the Office of Special Education and Rehabilitative Services (OSER) in the U.S. Department of Education:
Secondary Transition Legislation
The following legislation is related to secondary transition and students with disabilities. New items are listed first.
Legislative Implementation Overviews
These charts represent the legislative bills that have passed during legislative sessions that affect and/or have an impact on Education. Included in these charts are links to the final bill text/Chapter law and the DOE bill summary (if available). Located under the Additional Information section is DOE contact information and other DOE notifications/documents related to that legislation. The documents represent bills passed by the Florida Legislature during the regular legislative sessions and the actions taken by the Governor.
Senate Bill 672 (July 1, 2016) (pdf)
The bill establishes mechanisms for the approval of unique postsecondary education programs tailored to the needs of students with intellectual disabilities and the statewide coordination of information about programs for students with disabilities. Creates Section 1004.6495, Florida Statutes, Florida Postsecondary Comprehensive Transition Program and Florida Center for Students with Unique Abilities
Senate Bill 1076 - Relating to Acceleration Options in Public Education (July 1, 2013) (pdf)
The bill’s provisions address numerous areas including Academically Challenging Curriculum to Enhance Learning (ACCEL) options, early high school graduation, student progression, career and education course planning, career-themed courses, funding and reporting, dual enrollment, and the Bright Futures Scholarship Program.
Senate Bill 1108 - Implementation Memorandum DPS Memorandum 2013-105 (August 28, 2013) (pdf)
Summarizes key provisions of Senate Bill 1108. Impacts multiple statutes related to ESE.
Attachment A - Questions and Answers regarding Senate Bill 1108 (pdf)
Senate Bill 926 - Postsecondary Education creates Section 768.0895, Florida Statutes (July 1, 2011)
The bill limits the liability of employers of individuals with developmental disabilities as well as supported employment service providers. This legislation impacts Florida’s school districts providing supported employment to students with developmental disabilities.
House Bill 7059 (July 1, 2012) (pdf)
The bill’s provisions address Academically Challenging Curriculum to Enhance Learning (ACCEL), acceleration options, student progression plans, career and education course planning, career-themed courses, early high school graduation, End of Course (EOC) assessments, Bright Futures Scholarship Program and dual enrollment.
Secondary Transition TAPs and Memos
The following Technical Assistance Papers (TAPs) and Memoranda (Memos) were issued by the Florida Department of Education on subjects related to the secondary transition of students with disabilities. New items are listed first.
Accessible Instructional Materials TAP (Updated May 19, 2017) (pdf)
Designed to assist school districts in providing access in a timely manner to accessible instructional materials, an inherent component of the provision of a free and appropriate public education under the Individuals with Disabilities Education Act of 2004 for students with disabilities (section 300.210(b)(3) of Title 34, Code of Federal Regulations). Students with disabilities who have difficulty reading and accessing standard print learning material require accessible instructional materials to participate in and make progress in the general curriculum. The individual educational plan team is responsible for determining if a student needs accessible instructional materials, the format of such materials and the necessarily related accommodations the student may need to participate in the general curriculum
Statewide Assessment for Students with Disabilities TAP (May 5, 2017) (pdf)
Revises and replaces existing technical assistance paper: 2014-208; Statewide Assessment for Students with Disabilities. The purpose of this technical assistance paper is to provide technical assistance regarding the revisions of Rule 6A-1.0943, Florida Administrative Code, Statewide Assessment for Students with Disabilities. Students with disabilities must participate in statewide standardized assessments. A student participating in the Florida Standards Alternate Assessment must have this participation determined by the student’s individual educational plan (IEP) team and with parental consent. Students with disabilities may need allowable accommodations to participate in the statewide standardized assessments. IEP teams may need to recommend an extraordinary exemption or an exemption for a student with medical complexity from participation in a statewide standardized assessment.
Career and Technical Education Assessment TAP (Revised July 29, 2016) (pdf)
The purpose of this paper is to provide information about: (1) the legal basis for basic skills assessment in CTE, (2) procedures to be followed throughout the assessment process, (3) counseling of students who do not meet the basic skills exit requirements, (4) exemptions/waivers of basic skills requirements, (5) accommodations for students with disabilities and English Language Learners (ELL), and (6) legislative changes.
Workforce Innovation and Opportunity Act (WIOA) Procedures Memo (January 2016) (pdf)
The Bureau of Exceptional Education and Student Services (BEESS), in partnership with the Divisions of Vocational Rehabilitation and Blind Services, has created a joint memo that includes information on WIOA eligibility, referral and services procedures.
Florida Career and Professional Education (CAPE) Act TAP (Revised January, 2016) (pdf)
The purpose of this technical assistance paper is to assist educational leaders and administrators in the consistent implementation of the Florida Career and Professional Education (CAPE) Act in Section 1003.491, Florida Statutes (F.S.). This is an amended version to reflect changes to the law made during the 2016 legislative session.
Least Restrictive Environment Considerations Related to Individual Educational Plans TAP (January 15, 2016) (pdf)
Updates previous technical assistance provided to school districts regarding the provision of services for students with disabilities in the least restrictive environment (LRE). Individual educational plan (IEP) teams must adhere to all legal requirements related to placement in the LRE. This TAP will in addition address other considerations that must be addressed when determining the most appropriate placement for a student with a disability. It will also address issues related to service delivery and scheduling methods for students with disabilities.
General Education Intervention Procedures TAP (November 20, 2015) (pdf)
This technical assistance paper (TAP) revises and replaces the existing TAP, DPS: 2011-04; General Education Intervention Procedures, Child Find and the Initial Provision of Exceptional Student Education Services to Eligible Students. This document describes the problem-solving and response to intervention within a multi-tiered system of supports framework to address the varying academic and behavioral needs of students. It is based on the requirements of Rule 6A- 6.0331, Florida Administrative Code, General Education Intervention Procedures, Evaluation, Determination of Eligibility, Reevaluation and the Provision of Exceptional Student Education Services.
Evaluation, Determination of Eligibility, Reevaluation and the Provision of Exceptional Student Education Services TAP (November 20, 2015) (pdf)
Revises and replaces the existing TAP, DPS: 2011-04; General Education Intervention Procedures, Child Find and the Initial Provision of Exceptional Student Education Services to Eligible Students. This document describes processes related to evaluation, determination of eligibility, reevaluation and the provision of exceptional education services to eligible students. It is based on the requirements of Rule 6A-6.0331, Florida Administrative Code (F.A.C.), General Education Intervention Procedures, Evaluation, Determination of Eligibility, Reevaluation and the Provision of Exceptional Student Education Services.
Waiver of Statewide, Standardized Assessment Results for Students with Disabilities TAP (January 15, 2016) (pdf)
Revises and replaces existing TAP: Waiver of Statewide, Standardized Assessment Results for Students with Disabilities dated April 17, 2015. This technical assistance paper (TAP) updates previous technical assistance and guidance provided to school districts regarding the waiver of statewide, standardized assessment results. This TAP includes a sample form for individual educational plan teams making decisions related to waiving statewide, standardized assessment results for students with disabilities for the purpose of earning a course grade and a standard high school diploma.
Senate Bill 850 - Questions & Answers (August 8, 2014) (pdf)
The attached document is a technical assistance paper on the provisions in Senate Bill 850 that passed during the 2014 Legislative session.
What’s Special about Special Education? Specially Designed Instruction for Students with Disabilities within a Multi-tiered System of Supports TAP (August 1, 2014) (pdf)
Developed to clarify specially designed instruction, core instruction and interventions within a multi-tiered system of supports (MTSS) for educators developing, improving and maintaining systems of support for all students. The reauthorization of the Individuals with Disabilities Education Act in 2004 made it clear that students with disabilities are to be considered first and foremost as general education students. This distinction, along with the implementation of an MTSS and the Florida State Standards, has prompted educators to consider the characteristics that uniquely define special education.
Assistive Technology for Students with Disabilities TAP (August 21, 2013) (pdf)
Updates and replaces previous TAPs based on revisions to Florida Statutes. The purpose of this technical assistance paper (TAP) is to provide information regarding assistive technology as defined in the Individuals with Disabilities Education Act of 2004 (IDEA 2004). This TAP also provides information based on the revision of section 1003.575, Florida Statutes, Assistive technology devices; findings; interagency agreements. This document offers guidance to school district staff for considering, determining the need for and providing assistive technology devices and services.
2012 Guide to Calculating School Grades - Technical Assistance Paper (June 2012) (pdf)
Provides an overview and a step-by-step description of the procedures used to determine 2012 school grades, including classifications for students with disabilities and credit back scores for students who are in alternative schools, ESE centers, or hospital/homebound programs
Elimination of the Ability to Benefit (ATB) Provision in the Consolidated Appropriations Act, 2012 - Florida College System Memo (February 13, 2012) (pdf)
Explains recent federal law that eliminates the ATB provision for Title IV federal financial aid such as Pell grants. Students who do not have a high school diploma or its equivalent will no longer be eligible for Title IV funding as of July 1, 2012. Florida student aid programs that require students to apply for Title IV funding will also be impacted. Students enrolled in a Title IV program before July 1, 2012, will not be affected
Free Appropriate Public Education (Policy Update) - FDOE Memo K12: 2007-125 (July 30, 2007) (pdf)
Explains a policy change that allows students with disabilities to continue FAPE eligibility through age 21 if they have earned a general educational development (GED) credential. However, students with disabilities who earn a standard diploma via the GED Exit Option Model will not be eligible for FAPE. (Note: the GED Exit Option was subsequently eliminated as noted in the FDOE Memorandum below.)
GED Exit Option - FDOE Memo (July 31, 2009) (pdf)
Explains that the GED Exit Option was eliminated effective August 1, 2009.Student Transportation Vehicle Usage Update - School Transportation Management TAP (August 30, 2006) (pdf)
Performance-Based Exit Option
An alternative route to graduation for eligible students who may not graduate with their cohort group because of credit deficiency, low grade point average, or being overage for the grade. The program is not an option for early exit, it is designed to help students who fall behind graduate with their kindergarten cohorts and receive a State of Florida High School Performance-Based Diploma.
Student Transportation Vehicle Usage Update - School Transportation Management TAP (August 30, 2006) (pdf)
Defines the types of vehicles that may be owned or operated for student transportation by school districts and charter schools when a school bus is not required; also includes federal prohibitions on the use of 15-passenger vans
Non-Paid Community-Based Vocational Education (CBVE) Programs TAP (November 2005) (pdf)
Identifies helpful guidelines for non-paid CBVE program and offers recommendations for best practice; topics include guidelines, the Fair Labor Standards Act, the transition IEP, documentation, hazardous occupations, and an FAQ. It also contains a glossary and an appendix with helpful forms and resources
Transportation and Students with Disabilities TAP (July 2001) (pdf)
Clarifies funding and transportation for students enrolled in exceptional student education programs who require specialized transportation
Additional Technical Assistance Papers, Memos, and Notes related to Exceptional Education and Student Services are available on the FDOE's TAPS and Memos page.
Secondary Transition, Florida Department of Education
The Bureau of Exceptional Education and Student Services has created a webpage with state and national resources, state contacts, regulations and general information on secondary transition for parents, educators and professionals