Florida's Family Empowerment Scholarship for Students with Unique Abilities (FES-UA) can pay for therapy, including applied behavior analysis (ABA), private school, home education costs and more. But the number of funded scholarships is capped each year, and new applicants are funded on a first-come, first-served basis after renewals. A small line in the statute gives some families a way around that cap: children who used VPK Specialized Instructional Services (SIS) and have a current IEP. This guide explains that pathway, how it compares with the other cap exemptions, and what it does and does not promise.
What is the FES-UA seat cap?
Section 1002.394(12)(b)1., Florida Statutes, sets a maximum number of funded FES-UA scholarships. For 2024-25 it was 72,615. Each year after that, the maximum grows by 5 percent of the state's total exceptional student education full-time-equivalent membership (not counting gifted students), and by another 1 percent in the year after any year in which more than 95 percent of available scholarships were funded.
Step Up For Students, which runs FES-UA, must award scholarships with these priorities: "a. Renewing students from the previous school year. b. An eligible student who meets the criteria for an initial award ... on a first-come, first-served basis" (s. 1002.394(11)(b)3.). We could not confirm whether there is a waitlist for 2026-27, so ask Step Up about current funding status when you apply.
Who is exempt from the cap?
The same paragraph says an eligible student "shall be excluded from the maximum number of students" if the student:
"a. Received specialized instructional services under the Voluntary Prekindergarten Education Program pursuant to s. 1002.66 during the previous school year and the student has a current IEP developed by the district school board in accordance with rules of the State Board of Education;
b. Is a dependent child of a law enforcement officer or a member of the United States Armed Forces, a foster child, or an adopted child; or
c. Spent the prior school year in attendance at a Florida public school or the Florida School for the Deaf and the Blind."
For "prior school year in attendance," the statute includes a student reported by a school district for funding in the October or February survey who "was at least 4 years of age when enrolled and reported, and was eligible for services under s. 1003.21(1)(e)," the provision covering public special education for children with disabilities from age 3.
| Route | What the prior year looks like | Other condition | Statute |
|---|---|---|---|
| VPK SIS | Your child received VPK specialized instructional services (such as ABA) through the early learning coalition | A current IEP from the district school board | s. 1002.394(12)(b)1.a. |
| District pre-K at age 4 | Your child was enrolled and reported for funding by the district at age 4 or older, and eligible for services under s. 1003.21(1)(e) | Reported in the October or February FTE survey | s. 1002.394(12)(b)1.c.(III) |
| Family status | Any | Child of a law enforcement officer or service member, foster or adopted child | s. 1002.394(12)(b)1.b. |
| Public school K-12 | Enrolled and reported in kindergarten through grade 12 | October or February survey | s. 1002.394(12)(b)1.c.(I) |
The table shows something families often miss: the SIS route is not the only one for preschoolers. A 4-year-old in the district's ESE pre-K who is reported for funding can also be exempt the next year. The SIS route matters most for families who want parent-chosen therapy during the VPK year rather than district preschool.
How does the SIS pathway work, step by step?
- Get an IEP. SIS requires "A current individual educational plan ... developed for the child by the local school board" (s. 1002.66(1)(b)). If your child does not have one, request a district evaluation; see our sample letter.
- Enroll in VPK SIS for the VPK year. Your child must be VPK-eligible (age 4 on or before September 1). You apply through your early learning coalition, choose services consistent with the IEP from approved providers, and the coalition pays providers up to the VPK funding cap. See how to apply for SIS.
- Keep the IEP current. The exemption needs "a current IEP" when you apply for FES-UA. Keep annual IEP meetings on schedule.
- Apply for FES-UA for the following school year. New applications open no earlier than February 1 of the prior school year and must be accepted until November 15. For 2026-27, Step Up's handbook lists February 1 to November 15, 2026, with acceptance by December 15, 2026. As of October 2026, Step Up had not published 2027-28 dates (it runs a 2027-28 interest list), so check its site.
- Accept or decline by December 15. The statute requires new applicants to notify Step Up by December 15.
A worked example
This is an illustration only. Your child turns 4 in March 2027, so they are VPK-eligible for 2027-28. You use VPK SIS for ABA during 2027-28 while the district keeps the IEP current. For kindergarten in 2028-29, you apply for FES-UA during the 2028-29 new-application window. Because your child received SIS in the previous school year and has a current IEP, they fall within the cap exemption in s. 1002.394(12)(b)1.a. Step Up still decides eligibility, and you should confirm with Step Up how it documents the SIS year.
What the pathway does not do
- It does not create eligibility. Your child must still meet every FES-UA requirement: Florida residency, age or grade, a qualifying disability such as autism spectrum disorder, and an IEP or a diagnosis from a licensed physician or psychologist.
- It does not set the amount. The award depends on your county, grade and matrix level. See our guide to the FES-UA scholarship for autism.
- It does not skip deadlines. You must still apply in the window and accept by December 15.
- It does not keep FAPE. The statute says, "When the student receives a scholarship, the district school board is not obligated to provide the student with a free appropriate public education." Your child would have only the rights of a student placed in private school by the parents.
Can my child use VPK SIS and FES-UA in the same year?
We could not find a clear answer. FES-UA treats "a 3- or 4-year-old child who receives services funded through the Florida Education Finance Program" as enrolled in public school, which bars the scholarship at the same time (s. 1002.394(6)(a)). VPK SIS is paid from early learning coalition VPK funds (s. 1002.66(5)), not described as FEFP. The statute also bars receiving another educational scholarship under the same chapter at the same time. Because these rules interact, ask Step Up and your early learning coalition in writing before planning to use both in one year. FES-UA itself can pay tuition at VPK providers approved under s. 1002.55 (s. 1002.394(4)(b)13.).
SIS pathway or district pre-K: which route?
- Choose based on what your child needs during the VPK year, not just the exemption, since both routes can lead to a cap-exempt application.
- District ESE pre-K gives a classroom and services under the IEP at no cost.
- SIS gives parent-selected services such as ABA from approved providers, up to the VPK cap, and uses up the VPK enrollment for that year.
Our full comparison is in specialized VPK vs district ESE pre-K.
Where Hope Center fits
Hope Center provides ABA funded mainly by health insurance (Florida Blue, Aetna, Cigna (Evernorth), UMR, Personify Health and TRICARE East) or self-pay with a sliding scale. Hope Center is not an approved VPK SIS provider, so SIS funds cannot be used for ABA with us; ask any SIS provider you choose to confirm its approval first. Families can use FES-UA scholarship funds toward balances left after insurance at Hope Center, most often BCBA supervision and parent training. Call us to confirm for your child. To talk through ABA for your child, contact us or call 561-337-8865.