In 2025 the Florida Legislature passed a law that would let some children stay in Early Steps past their third birthday, until the start of the school year after they turn 4. Many parents heard about it and hoped to keep their child's early intervention team for another year or more. As of October 2026, it is not available. This guide explains what the law says, what Early Steps has said about it, and how to plan your child's third birthday without it.
What is the Early Steps Extended Option?
The Extended Option is in section 391.3081, Florida Statutes, created by chapter 2025-95, Laws of Florida. Its stated intent is "to offer families of children with developmental delays or disabilities a choice for such children to continue services in the Early Steps Program beyond the age of 3 years old."
For the Extended Option, the statute defines "child" as "a child from birth until the beginning of the school year following the child's fourth birthday, as provided in 34 C.F.R. s. 303.211(a)(2)(ii)." That federal rule lets states choose to offer Part C early intervention to children past age 3 instead of moving them to preschool special education at 3. The federal rule offers three end points: the start of the school year after the third, fourth or fifth birthday, and never past kindergarten entry. Florida's statute chose the school year after the fourth birthday. The choice would belong to the parent, and only for a child who is eligible for preschool special education and previously received early intervention.
Is the Extended Option available now?
No. The Early Steps eligibility page (checked 20 October 2026) says:
"Section 391.3081, Florida Statutes, requires both state and federal approval and resources appropriated to implement the Extended Option. At this time, Early Steps does not have the resources required to implement the Extended Option for the upcoming fiscal year."
The same page says Early Steps "took important steps to implement the Extended Option, including completing federal requirements," continues "to build resources and train providers," and "will continue to support all enrolled children up to age three." It says updates will be posted there.
The statute itself makes the eligibility rules apply only "if specific funding is provided in the General Appropriations Act." The Early Steps Policy Handbook updated 14 October 2026 still says "Early Steps services must be terminated by the child's third birthday" (Policy 6.11.3). Until Early Steps announces otherwise, plan for services to end at 3.
Who would qualify if it is funded?
Section 391.3081(4)(a) says all of the following would have to be true:
- "The child must be determined eligible for early intervention services through the Early Steps Program at least 45 days before the child's third birthday."
- "The child must be determined eligible for services under part B of the federal Individuals with Disabilities Education Act." In other words, the school district would have to find your child eligible for preschool special education.
- "Before the child's third birthday, the family must choose to continue services through the Early Steps Extended Option, which shall include an educational component to promote school readiness and incorporate pre-literacy, language, and numeracy skills."
What would families give up by choosing it?
The statute sets limits that matter for autistic children:
- No school district services at the same time: "A child may not receive services under part B of the federal Individuals with Disabilities Education Act while receiving services through the Early Steps Extended Option" (s. 391.3081(4)(c)).
- No FES-UA scholarship at the same time: "A child may not receive a state scholarship under s. 1002.394 while receiving services through the Early Steps Extended Option" (s. 391.3081(4)(d)). Section 1002.394 is the Family Empowerment Scholarship, including the Unique Abilities scholarship that can pay for ABA.
- No re-entry: "A child becomes ineligible to reenter the Early Steps Extended Option upon exiting the program" (s. 391.3081(4)(b)). If a family left early, the district and Early Steps would have to tell the parent about Part B rights.
| Question | Extended Option in s. 391.3081 (not implemented) | Current path at age 3 |
|---|---|---|
| Who runs services | Early Steps (Department of Health) | School district Prekindergarten Program for Children with Disabilities |
| Plan | IFSP, with steps to transition by the school year after age 4 | IEP, or an IFSP under Rule 6A-6.03029, by the third birthday |
| District preschool special education at the same time | Not allowed | Yes, if eligible |
| FES-UA scholarship at the same time | Not allowed | Possible if eligible; see FES-UA rules on pre-K services |
| Available now | No | Yes |
How would the transition out work?
Under s. 391.3081(5), at least 90 days before the start of the school year after the child's fourth birthday, the local Early Steps office would notify the Department of Education and the school district (unless the parent opts out) and, with parent approval, hold a transition conference. The district would develop or review an IEP. This mirrors the current age-3 process in s. 391.308(7), one or two years later.
The statute also told the Department of Health to submit its application for federal approval no later than 1 July 2026, and allowed it to implement the option "contingent upon the appropriation of state funds." Whether and when funding comes is up to the Legislature and the Department of Health. Check the Early Steps eligibility page for updates rather than relying on news stories or social media.
What should I do instead?
Plan for the standard hand-off at 3:
- Expect transition planning to start between 9 months and 90 days before the third birthday. Our turning 3 checklist lists each step.
- Learn about the district's preschool program for children with disabilities, which the school district must offer to eligible children from age 3 at no cost.
- Look at the Family Empowerment Scholarship for Students with Unique Abilities (FES-UA), which children can apply for at age 3 or 4. Note that FES-UA has its own rule: a 3- or 4-year-old who receives services funded through the Florida Education Finance Program is treated as enrolled in public school, which affects eligibility at the same time (s. 1002.394(6)(a)).
- At age 4, look at VPK, including the specialized instructional services option that can fund ABA for children with an IEP.
- Keep your child's private therapies, including ABA, steady across the change. Private services do not end at age 3.
Our Early Steps guide covers the program from referral to exit.
Does ABA continue after Early Steps ends?
Private ABA paid by health insurance or self-pay is not tied to Early Steps, so it does not stop at age 3. Hope Center serves young children at home, in our centers, and in daycare and preschool settings where allowed, and our staff can join IEP meetings where the school allows it. Hope Center is not an approved specialized VPK (SIS) provider, so specialized VPK funds cannot be used for ABA with us. We have no waitlist and offer a free benefits check for Florida Blue, Aetna, Cigna (Evernorth), UMR, Personify Health and TRICARE East, plus a sliding-scale self-pay option. Contact us or call 561-337-8865.