For years, many Florida parents found out about missed speech or OT sessions at school only by accident, months later. A new state law changes that. Since July 1, 2026, when a related service written into your child's IEP is not provided as scheduled, the school district must tell you in writing within 10 school days, explain why, and discuss a plan for make-up services. You also have a right to see the service logs or progress notes within 15 school days after a service. This guide explains the law, what it covers and what it leaves open, and what to do when sessions are missed.
What does the new Florida law say?
The change is in section 1003.5716(5), Florida Statutes. It was added by section 14 of chapter 2026-59, Laws of Florida (CS/CS/HB 1279), a broad education bill the Governor approved on May 1, 2026. The act took effect July 1, 2026, so it applies to the 2026-27 school year. The full text reads:
(a) If a related service identified in a student's IEP is not provided as scheduled, the school district must notify the parent or guardian in writing or by electronic means within 10 school days, explain the reason the service was not provided, and discuss a plan for makeup services.
(b) A parent or guardian has the right to access, upon request, all service provider logs or progress notes within 15 school days after such service is provided. The school district shall inform parents of this right at each IEP meeting.
In plain terms, there are four duties and one right:
- Notice: the district must tell you when a scheduled related service did not happen.
- Timing: within 10 school days.
- Format: in writing or electronically (for example, email or a parent portal message).
- Content: the reason the service was not provided, and a discussion of a plan for make-up services.
- Your right to records: on request, you can see all service provider logs or progress notes within 15 school days after a service is provided, and the district must remind you of this right at every IEP meeting.
What counts as a "related service"?
The Florida section does not define the term, but IEPs are written under the federal Individuals with Disabilities Education Act (IDEA), which does. Under 34 CFR 300.34, related services are the supportive services a child needs "to benefit from special education." The federal list includes:
- speech-language pathology and audiology services;
- occupational therapy and physical therapy;
- psychological services and counseling services;
- interpreting services;
- orientation and mobility services;
- school health services, school nurse services and social work services in schools;
- parent counseling and training;
- transportation; and
- recreation, including therapeutic recreation.
For many autistic students, the services most affected are speech-language therapy, OT and counseling, which are often scheduled as a set number of minutes per week or month. Look at the "related services" section of your child's IEP to see exactly what is listed and how often.
What does the law not cover?
The new subsection is short, and it is worth being clear about its limits so you can plan.
- It refers to related services. The text does not mention specially designed instruction, such as time with an ESE teacher, or accommodations. Missed instruction can still be raised with the IEP team and through the dispute options below, but this notice rule speaks to related services.
- It does not set a make-up ratio. The law says the district must "discuss a plan for makeup services." It does not say every missed minute must be made up, or by when.
- It does not define "as scheduled." Whether a short-notice change, a group session instead of an individual one, or a child's absence triggers notice is not spelled out. Ask your district how it applies the rule.
- It applies to the school district's services. Therapy you arrange privately, including private ABA delivered at school under s. 1003.572, is not an IEP related service the district provides. Our guide to private BCBAs and RBTs in Florida schools explains that separate law.
As of October 20, 2026, we did not find a State Board of Education rule or FDOE guidance that adds detail to s. 1003.5716(5). If guidance is issued, districts may adjust their procedures, so ask your district's ESE office for its current practice.
What does this look like in practice? An example
This is an illustrative example, not a description of any real district's procedure.
Maya, a second grader in Florida with autism eligibility, has 30 minutes of individual speech therapy twice a week in her IEP. In late September her school's speech-language pathologist is out for two weeks, and no substitute is assigned, so four sessions are missed.
- Under the new law, the district should send Maya's parents written or electronic notice within 10 school days of the missed sessions, give the reason (therapist absence), and discuss a make-up plan.
- Her parents email the ESE contact to ask for Maya's speech logs for September. The district has to provide access within 15 school days after the service was provided.
- The make-up plan they discuss might, for example, add extra sessions over the next six weeks. If the parents disagree with the plan, they can ask for an IEP meeting.
How do I use this right if sessions are being missed?
- Know the schedule. Write down each related service, the minutes and the frequency from the IEP. Note which days your child usually has each service.
- Ask for the logs. Send a short, dated written request for "all service provider logs or progress notes" for each related service, citing s. 1003.5716(5)(b), Florida Statutes. Our service log request template walks through it.
- Compare. Check the logs against the IEP. Count missed sessions and minutes.
- Write to the school. If you did not receive notice, email the ESE contact or case manager, list the dates, and ask for the reason and the make-up plan the law requires. Keep it factual.
- Ask for an IEP meeting if needed. If the plan is not enough, or sessions keep being missed, request a meeting. You can bring people with knowledge of your child, such as a private therapist or your child's BCBA (see bringing your BCBA to the IEP meeting).
- Keep copies. Save every notice, email and log in one folder.
A simple request can read: "Under section 1003.5716(5)(b), Florida Statutes, I am requesting access to all service provider logs and progress notes for [child]'s speech-language therapy and occupational therapy from [date] to [date]. Please let me know how and when I can review them."
What if the school will not provide make-up services?
Florida's dispute options for students with disabilities are set out in Rule 6A-6.03311, Florida Administrative Code, and on the Florida Department of Education's dispute resolution page. In general, from least to most formal:
| Option | What it is | Key timelines in the rule |
|---|---|---|
| IEP meeting | Ask the team to review missed services and agree on make-up time | You can request one at any time |
| Facilitated IEP meeting | A neutral facilitator helps run the meeting; request form on the FDOE page | Ask FDOE about availability and cost |
| Mediation | Voluntary meeting with a mediator assigned by FDOE; agreements are binding | The rule says the Department bears the cost |
| State complaint | A signed written complaint to FDOE, copied to the district | Violations within 1 year before FDOE receives it; decision generally within 60 calendar days; remedies can include compensatory services |
| Due process hearing | A legal hearing before an administrative law judge | Generally within 2 years; more formal and often involves an attorney |
The right step depends on your situation. For a comparison, see IEP dispute options in Florida. For legal advice about a specific case, talk with a Florida special education attorney or a parent advocacy organization.
How does this fit with the rest of your child's IEP?
Missed services are one piece of a larger picture. Florida IEP rules (Rule 6A-6.03028) require an IEP to be in effect at the start of each school year and reviewed at least once a year, and parents are full members of the team. If you are new to the process, start with our Florida IEP guide for autism.
At Hope Center, our staff can join IEP meetings where the school allows, and our BCBAs can help you read service logs and connect school goals with your child's ABA plan. If you would like to talk about ABA alongside your child's school services, contact us or call 561-337-8865 for a free consultation.