An individual educational plan (IEP) is the written plan a Florida public school uses to deliver exceptional student education (ESE) to a student with a disability. For many autistic children, the IEP decides how much support they get, who provides it, where they learn and what the school is accountable for. This guide walks through the whole process in order, from asking for an evaluation to annual reviews, using the current Florida rules: Rule 6A-6.0331 (evaluation and eligibility, effective September 23, 2025) and Rule 6A-6.03028 (IEPs, effective August 27, 2024). Each step links to a deeper article when you need more detail.
What is an IEP, and who has a right to one in Florida?
Rule 6A-6.03028 opens with the core promise: "All students with disabilities aged three (3) through twenty-one (21) residing in the state have the right to FAPE." FAPE means a free appropriate public education. In Florida's rules, ESE "means specially designed instruction and related services that are provided to meet the unique needs of exceptional students" (Rule 6A-6.03411(1)(n)). The IEP is the document that spells out that instruction and those services for one student.
The rule also says something parents should hold on to: "Parents are partners with schools and school district personnel in developing, reviewing, and revising the IEP for their student." You are a member of the team, not a visitor to it.
FAPE does not depend on your child failing a class. The rule says FAPE is available to a student who needs special education and related services "even though the student has not failed or been retained in a course or grade, and is advancing from grade to grade."
The Florida IEP process at a glance
| Step | What the rule requires | Rule |
|---|---|---|
| You ask for an evaluation | Within 30 days the district must get your consent to evaluate, or give you written notice explaining why it refuses | 6A-6.0331(3)(c) |
| Evaluation | Completed within 60 calendar days after the district receives your consent, with certain days not counted | 6A-6.0331(3)(g) |
| Eligibility meeting | A group of qualified professionals and you decide eligibility; you get the evaluation report at no cost | 6A-6.0331(6)(a) |
| First IEP | Developed within 30 calendar days after eligibility is determined | 6A-6.03028(3)(f)2. |
| Consent to services | The district needs your informed consent before ESE starts | 6A-6.0331(9)(a) |
| Annual review | At least once a year, and an IEP must be in effect at the start of each school year | 6A-6.03028(3)(f)1. and 3. |
| Reevaluation | Not more than once a year unless you and the district agree, and at least every 3 years unless you both agree it is unnecessary | 6A-6.0331(7)(b) |
How do I start? Requesting an evaluation
Under Rule 6A-6.0331(3), "Either a parent of a kindergarten through grade 12 student or child age three (3) to kindergarten entry age, or a school district may initiate a request for initial evaluation." Put your request in writing and date it. If you ask, the district must, within 30 days unless you agree otherwise in writing, either obtain your consent for the evaluation or give you written notice "explaining its refusal to conduct the evaluation."
Many families are told to wait until classroom interventions (often called MTSS or RtI) are finished. The rule lets an evaluation that a parent requested move forward while those interventions are "completed concurrently with the evaluation but prior to the determination of the student's eligibility" (6A-6.0331(3)(d)2.). For children who are not yet in kindergarten, the classroom intervention steps are not required at all; the district reviews existing data and does vision and hearing screenings (6A-6.0331(2)).
Two points about consent are worth knowing early. First, "Parental consent for initial evaluation must not be construed as consent for initial provision of ESE" (6A-6.0331(4)(b)). Signing for testing does not commit you to services. Second, the evaluation must be done in your child's "native language or other mode of communication," unless that is clearly not feasible (6A-6.0331(5)(b)2.).
For sample wording, see how to request a school evaluation (K-12) or, for 3- to 5-year-olds, requesting a preschool evaluation.
How long does the school have to evaluate?
Initial evaluations must be "completed within sixty (60) calendar days after the school district's receipt of parent consent for evaluation" (6A-6.0331(3)(g)). That is calendar days, not school days, but school holidays, breaks, summer vacation and some absences are not counted, and the timeline can be extended by up to 30 days only by mutual written agreement. Our article on Florida's 60-calendar-day evaluation rule explains how to count.
How does Florida decide if an autistic child is eligible?
Florida has a specific eligibility rule for autism, Rule 6A-6.03023. The district's evaluation must include behavioral observations across settings, a social and developmental history from a parent interview, a psychological evaluation with at least one standardized autism-specific instrument, a language evaluation that includes an observation by a speech-language pathologist, a standardized adaptive behavior assessment, and, if behavior is a concern, a functional behavioral assessment. The child must show the core features of autism across settings and must also need special education.
That last point is why a medical diagnosis does not automatically lead to an IEP, and why an IEP does not require a medical diagnosis. See how Florida schools decide autism eligibility for ESE for the full rule. Many young children are first found eligible under the Developmentally Delayed category instead; see Developmentally Delayed eligibility for ages 3 to 9.
Under Rule 6A-6.0331(6)(a), parents "shall be invited and encouraged to participate as equal members of the group" that decides eligibility, and the district "must provide a copy of the evaluation report and the documentation of the determination of eligibility at no cost to the parent." If you disagree with the school's evaluation, Florida gives you the right to ask for an independent educational evaluation.
Who will be at the IEP meeting, and can I bring someone?
Rule 6A-6.03028(3)(c) lists the IEP team: you; at least one regular education teacher if your child is or may be in regular classes; at least one special education teacher or provider; a district representative who can commit resources; someone who can interpret the evaluation results; your child when appropriate (always when transition is discussed); and, "At the discretion of the parent or the school district, other individuals who have knowledge or special expertise regarding the student, including related services personnel as appropriate."
The person who invites someone decides whether they have that knowledge or expertise. That is the rule that lets you bring your child's BCBA, a private speech therapist, a relative or an advocate. The written meeting notice must tell you about this right, and it must give the purpose, time, place and who will attend by title (6A-6.03028(3)(b)3.). The meeting should be at "a mutually agreed on time and place," and if you cannot attend in person the district must use other methods such as phone or video conferencing. You must be given a copy of the IEP at no cost. More on this in who must be at a Florida IEP meeting and bringing your BCBA.
What goes into a Florida IEP?
Rule 6A-6.03028(3)(h) sets the required contents. In plain terms, every IEP must include:
- Present levels of academic achievement and functional performance, and how the disability affects your child's progress in the general curriculum (or, for preschoolers, participation in appropriate activities).
- Measurable annual goals, academic and functional. Short-term objectives or benchmarks are required for students taking alternate assessments, and optional for others.
- Services and supports: the special education, related services, supplementary aids and services, classroom accommodations and modifications, and supports for school personnel.
- How much of the day your child will not be with students without disabilities, and why.
- Accommodations for statewide and district tests, or why the alternate assessment is used.
- The start date, frequency, location and duration of each service.
- How progress will be measured and when you will get progress reports.
- Transition content starting in 7th grade or at age 12 (see below).
What must the team consider for an autistic student?
Under Rule 6A-6.03028(3)(g), the team must consider, among other things, "In the case of a student whose behavior impedes the student's learning or the learning of others, strategies, including the use of positive behavioral interventions, supports, and other strategies to address that behavior"; "The communication needs of the student"; whether your child needs assistive technology; and, at least annually, whether extended school year (ESY) services are needed. The rule adds that districts "may not limit ESY to particular categories of disability or unilaterally limit the type, amount, or duration of those services." See ESY for autistic students in Florida and behavior intervention plans explained.
Which decisions need my separate written consent?
Beyond consent to evaluate and consent to start services, Florida requires written parental consent for two specific IEP actions (Rule 6A-6.0331(10)):
- Instruction in the state's alternate academic achievement standards (Access Points) and taking the statewide alternate assessment; and
- Placement in an ESE center (a separate school), with a narrow statutory exception.
When an IEP meeting will consider either action, the district must give you written notice at least 10 days before the meeting, unless you agree to meet sooner. If you mark the consent form to refuse, the district has 10 school days to either put a new plan in place or request a due process hearing, and your child stays in the current assignment while that is pending (6A-6.0331(10)(c)-(d)). Placement options are explained in Florida ESE placement terms.
You can also revoke consent for ESE in writing at any time after services start. The district must then stop ESE after giving prior written notice (6A-6.0331(9)(e)). That is a significant step with consequences for your child's protections, so talk it through with the team or an advocate first.
When does transition planning start?
Earlier than many parents expect. Florida requires IEP teams to begin identifying transition needs "during the student's seventh grade year or when the student attains the age of twelve (12), whichever occurs first," and to add postsecondary and career goals no later than the first IEP in effect when the student enters 9th grade or turns 14. Federal law sets 16. Details are in IEP transition planning starts at 12 in Florida.
What protections apply once my child has an IEP?
- Restraint and seclusion. Florida's restraint and seclusion law, s. 1003.573, covers students with an IEP in kindergarten through grade 12. Seclusion is banned and restraint is tightly limited, with same-day parent notice. See the seclusion ban and restraint rules.
- Missed services. Since July 1, 2026, the district must notify you within 10 school days when an IEP related service is missed. See the 2026 missed-services law.
- Discipline. Long removals trigger a manifestation determination. See suspensions and manifestation determinations.
Can the IEP change during the year?
Yes. You can ask for a meeting to revise the IEP at any time, and the rule requires the team to respond to "the parent's right to ask for revision." After the annual meeting, you and the district may also agree to amend the IEP in writing without a meeting; you can ask for a revised copy with the amendments included (6A-6.03028(3)(k)). The team must review the IEP at least once a year and revise it to address lack of expected progress, new evaluation results and information you provide (6A-6.03028(3)(j)).
A school district is not held accountable if a student does not reach every projected goal, but it "must make a good faith effort to assist the student to achieve the goals" (6A-6.03028(3)(m)).
What if I disagree with the school?
Start with a written request for an IEP meeting and bring data. If that does not resolve it, Florida offers facilitated IEP meetings, mediation, state complaints and due process hearings through the Florida Department of Education's Bureau of Exceptional Education and Student Services. Each has different timelines; compare them in IEP disagreements in Florida. For advice about your own child's case, speak with a Florida special education attorney or a parent advocacy organization.
What about a 504 plan or the FES-UA scholarship?
Some autistic students are served under a Section 504 plan instead. A 504 plan provides accommodations but does not carry all the IEP rules above; see IEP vs 504 plan in Florida. Families considering the Family Empowerment Scholarship for Students with Unique Abilities (FES-UA) should know that while the scholarship is in use, the district is not obligated to provide FAPE. Read FES-UA vs staying in public school before deciding.
How can an ABA team help with the IEP?
An IEP and an ABA treatment plan are separate documents with different funders, but they work best when they point the same way. A BCBA can share data on communication, behavior and daily living skills, suggest goals that are measurable, and help the school understand what works for your child. For ideas, see ABA strategies that support school success.
At Hope Center, our staff can join IEP meetings where the school allows it, and we offer school-based ABA under Florida's law on private providers in schools. If you would like to talk about how ABA could support your child's school goals, contact us or call 561-337-8865 for a free consultation and a free insurance benefits check.