Florida's Family Empowerment Scholarship for Students with Unique Abilities (FES-UA) can give an autistic child thousands of dollars a year for private school, home education, therapy and devices. It also changes your child's legal relationship with the public school district. While the scholarship is in use, the district no longer owes your child a free appropriate public education (FAPE), and the IEP stops being an enforceable promise. This article lays out exactly what you give up, what you keep and the questions to ask before you decide. For an overview of the scholarship itself, start with FES-UA explained for autism families.
What is FAPE, and why does it matter?
Florida's ESE rules define FAPE as special education and related services for students ages three through twenty-one that are "provided at public expense, under public supervision and direction, and without charge to the parent," meet state standards, and are "provided in conformity with an individual educational plan (IEP)" (Rule 6A-6.03411(1)(p)). FAPE is the legal duty behind everything an IEP promises: the services, the minutes, the placement and your right to challenge the district if they are not delivered.
What does the FES-UA law say about FAPE?
Section 1002.394(10)(b), Florida Statutes, explains that a parent who applies for FES-UA "is exercising his or her parental option to determine the appropriate placement or the services that best meet the needs of his or her child." It then says:
When the student receives a scholarship, the district school board is not obligated to provide the student with a free appropriate public education. For purposes of s. 1003.57 and the Individuals with Disabilities in Education Act, a participating student has only those rights that apply to all other unilaterally parentally placed students, except that, when requested by the parent, school district personnel must develop an IEP or matrix level of services.
"Unilaterally parentally placed" is the federal term for students whose parents choose a private school or home education on their own. Under federal IDEA rules, those students do not have an individual right to the services they would get in public school; the district serves them through a limited "equitable services" process funded from a proportionate share of federal money. Child Find still applies, so the district must still locate and evaluate children with disabilities.
Private schools that take Florida scholarships must also tell parents, on their website or in writing, "that a parentally placed private school student with a disability does not have an individual right to receive some or all of the special education and related services that the student would receive if enrolled in a public school under the Individuals with Disabilities Education Act" (s. 1002.421(1)(j)).
What do I give up, and what do I keep?
| Right or feature | Full-time public school with an IEP | While using FES-UA |
|---|---|---|
| District duty to provide FAPE | Yes | No |
| IEP services delivered and enforceable through Florida dispute options | Yes | No individual right; equitable services only |
| District develops an IEP or matrix on request | Yes | Yes, when the parent requests it |
| Flexible funds for tuition, therapy, devices, curriculum | No | Yes, for authorized uses |
| Choose a private school or home education | Not funded | Yes |
| Contracted public school services or classes | Not applicable | Allowed; the student is treated as attending part time, not enrolled |
| Florida restraint and seclusion law (s. 1003.573) | Applies to K-12 IEP students in public schools | Private schools are outside its definition of school; ask for the school's own policy |
| 2026 missed-related-service notices | Yes, for IEP related services | No; the district is not providing IEP services |
| Transition planning from age 12 in the IEP | Yes | Only if the private program offers it; FES-UA students 17 to 22 can use transition-to-work programs at participating private schools |
| Private BCBA or RBT in school under s. 1003.572 | Yes, in public school with teacher and principal consent to time and place | Up to the private school |
| Return to public school | Not applicable | Yes, with reasonable notice; full-time enrollment ends the scholarship |
Can my child use FES-UA and still take some public school classes?
Yes, within limits. Authorized uses include "Contracted services provided by a public school or school district, including classes." A student who receives those services "is not considered enrolled in a public school for eligibility purposes ... but rather attending a public school on a part-time basis" (s. 1002.394(4)(b)). What is available depends on your district. Full-time enrollment in a public school, including a charter school, a developmental research school or the Florida Virtual School, makes a student ineligible while enrolled (s. 1002.394(6)(a)).
For preschoolers there is a special rule: "a 3- or 4-year-old child who receives services funded through the Florida Education Finance Program is considered to be a student enrolled in a public school." A child receiving district-funded preschool ESE services cannot hold FES-UA at the same time.
What if FES-UA doesn't work out?
Under s. 1002.394(5)(c), "Upon reasonable notice to the organization and the school district, the student's parent may remove the student from the participating private school and place the student in a public school." Once your child enrolls full time in public school, the scholarship ends (s. 1002.394(5)(b)1.e.), and the district again owes FAPE. Expect the school to review or update the IEP, and ask for an IEP meeting promptly.
Coming back to FES-UA later depends on that year's application window and funding. Students who spent the prior school year in a Florida public school, under the attendance rules in s. 1002.394(12)(b)1.c., are among those not counted toward the program's maximum number of scholarships.
What are the trade-offs in practice? Two examples
These are illustrative examples, not advice for any family.
- Family A has a 7-year-old with an IEP that includes speech therapy, a paraprofessional and a behavior plan. The school is delivering services and the child is progressing. Leaving would mean giving up those district services and paying for replacements from the scholarship and other sources. Staying in public school, and using health insurance for ABA outside school hours, may make more sense for them.
- Family B has a 10-year-old who has struggled in a large classroom despite repeated IEP changes. They have found a small private school that agrees, in writing, to specific supports, and they plan to use the scholarship for tuition and therapy. They accept that the IEP will no longer be enforceable, and they keep records so they can return to public school if needed.
Decision checklist before you accept FES-UA
- List every service in the current IEP, with minutes. For each, write who would provide it with FES-UA and how it would be paid.
- Ask the private school, in writing, which specialized services it provides, by whom and how often. The statute requires you to meet with the principal or designee to review academic programs, specialized services, conduct and attendance policies before enrolling.
- Ask the private school for its policies on restraint, seclusion and discipline, and whether your child's BCBA or therapists may observe or work on site.
- Compare the award for your county, grade and matrix level with tuition and therapy costs; see 2026-27 FES-UA amounts by county. If your child has only a diagnosis, ask whether a matrix could raise the amount: how matrix levels change your award.
- Check how ABA will be paid. Many families keep health insurance as the main payer for ABA and use the scholarship for other costs. Whether a given ABA provider can be paid through FES-UA depends on Step Up's approved-provider rules; ask the provider before you plan around it.
- Think about the next five years, including transition planning from age 12 and diploma options.
- Consider other options: home education with FES-UA, PEP vs Unique Abilities and charter and private school rights.
The choice belongs to your family. For legal questions about your child's rights, speak with a Florida special education attorney or advocacy organization; for scholarship rules, contact Step Up For Students.
How Hope Center can help either way
Whether your child stays in public school or uses FES-UA, ABA can work alongside school. Hope Center provides ABA at home, in our centers, at school and in the community, and accepts Florida Blue, Aetna, Cigna (Evernorth), UMR, Personify Health and TRICARE East, with self-pay and a sliding scale for all services. If you are thinking about scholarship funds for ABA, ask us directly how payment would work before services start. Contact us or call 561-337-8865, or start with a free insurance benefits check.