If your child's BCBA or RBT could work with them in the classroom, skills learned in ABA would have a much better chance of showing up at school. Florida has a law for exactly this: section 1003.572, Florida Statutes. It says private providers hired by parents "must be permitted" to observe, collaborate and provide services in the school setting, as long as two conditions are met. This guide explains what the law requires, what the school can and cannot ask for, and the steps to get it set up, with a script you can adapt.
What does s. 1003.572 actually say?
Subsection (3) is the key part. Private instructional personnel "who are hired or contracted by parents to collaborate with public instructional personnel must be permitted to observe the student in the educational setting, collaborate with instructional personnel in the educational setting, and provide services in the educational setting according to the following requirements:"
(a) The student's public instructional personnel and principal consent to the time and place.
(b) The private instructional personnel satisfy the requirements of s. 1012.32 or s. 1012.321.
For the purpose of implementing this subsection, a school district may not impose any requirements beyond those requirements specified in this subsection or charge any fees.
The statute also says that this collaboration should "enhance but not supplant" the district's duties under the Individuals with Disabilities Education Act (IDEA), and that bringing in private personnel "does not constitute a waiver" of your child's right to a free appropriate public education. In other words, the school still owes your child everything in the IEP. Your private provider is extra, not a replacement.
The law was created in 2013 and amended in 2014, 2022 and 2023. The 2022 change added registered behavior technicians (RBTs). The 2023 change added the sentence barring extra requirements and fees.
Who counts as "private instructional personnel"?
Subsection (1) lists who the law covers:
- individuals "certified under s. 393.17 or licensed under chapter 490 or chapter 491" for applied behavior analysis services (s. 393.17 directs the Agency for Persons with Disabilities to recognize behavior analyst certification from a national nonprofit credentialing board, the route that fits Board Certified Behavior Analysts);
- registered behavior technicians who hold a nationally recognized paraprofessional certification in behavior analysis and work under the supervision of a behavior analyst described above. The law adds that "to provide services under this section, a registered behavior technician must be employed by a provider described in paragraph (a)";
- licensed speech-language pathologists, occupational therapists and physical therapists; and
- licensed psychologists and clinical social workers.
Florida does not issue a state license for behavior analysts; BCBAs and RBTs are certified through the Behavior Analyst Certification Board.
What can the school require, and what can it not?
| Item | What the statute says |
|---|---|
| Teacher and principal consent | Required, but it is consent to the time and place. The statute says private personnel "must be permitted" once the conditions are met. |
| Background screening | Required: the provider must meet s. 1012.32 (screening under s. 1012.465 or 1012.56, a Level 2 fingerprint check) or the s. 1012.321 exception. |
| Extra district requirements | Barred: the district "may not impose any requirements beyond" those in subsection (3). |
| Fees | The district may not "charge any fees" for implementing the subsection. See the screening-cost note below. |
| Who pays the provider | The parent hires or contracts the provider. The statute does not require the district to pay for private services. |
The Level 2 screening and the cost question
Section 1012.32(2)(a) requires contracted personnel with direct student contact to undergo background screening under s. 1012.465 or 1012.56. Section 1012.321 lets staff skip rescreening if they already completed Level 2 screening under s. 393.0655 (APD) or s. 402.305 (child care) within the past 5 years, are rescreened every 5 years, and have fingerprints retained by the Florida Department of Law Enforcement.
There is an open question about cost. Section 1012.465(2) says the cost of the Level 2 check "may be borne by the district school board, the contractor, or the person fingerprinted," while s. 1003.572(3) says the district may not "charge any fees." How those fit together has not been settled, and districts handle screening differently. If your district asks for a fingerprint or badge fee, ask in writing which statute it relies on. For a dispute about it, a Florida education attorney can advise.
Step by step: how do I get my child's BCBA or RBT into school?
- Agree on the purpose with your provider. Decide whether you want observation only, collaboration with the teacher, direct services in class, or a mix. Name the skills: for example, transitions, following group directions, requesting breaks or reducing a specific behavior.
- Check insurance or funding. Some health plans cover ABA in a school setting and some do not, and some require it to be part of the authorized treatment plan. Ask your provider to check before you schedule. Hope Center offers a free insurance benefits check.
- Talk with the IEP team. Tell the ESE case manager what you are planning. Coordination is encouraged by the statute "to avoid duplication or conflicting services or plans."
- Send a written request. Address it to the principal and your child's teacher, cite s. 1003.572, and propose specific times and a place. Our letter template for requesting an RBT in the classroom has full wording.
- Complete screening. Your provider arranges Level 2 screening through the district's process, or documents the s. 1012.321 exception.
- Agree on time and place in writing. Confirm the schedule by email so everyone has the same record.
- Invite the BCBA to IEP meetings. Florida's IEP rule (Rule 6A-6.03028(3)(c)7) lets parents invite "other individuals who have knowledge or special expertise regarding the student." See bringing your BCBA to the IEP meeting.
- Review after a few weeks. Meet with the teacher and BCBA to adjust the plan.
A short request might read: "Under section 1003.572(3), Florida Statutes, I am requesting that [child]'s BCBA, [name], and RBT, [name], employed by [provider], be permitted to observe, collaborate and provide services in [child]'s classroom. We propose [days and times] in [location]. The provider will complete background screening under s. 1012.32. Please let me know if these times work or suggest alternatives."
Timelines vary by district and school. Setting up screening and schedules can take several weeks.
What if the school says no?
Start by asking for the reason in writing. The statute lets the teacher and principal consent to the time and place, which means a school may reasonably ask to adjust times, for example during testing. A flat refusal, a long list of extra conditions, or a demand for fees is harder to square with the 2023 language. Practical steps:
- Offer other times or locations, such as the resource room or lunch and recess.
- Ask the district ESE office for its written procedure for private instructional personnel. Procedures differ by county.
- Ask for an IEP meeting to discuss coordination, and bring your BCBA's recommendations.
- If you still disagree, review Florida's options in IEP dispute options, or speak with a Florida special education attorney or advocate.
County details are in our guides for Palm Beach and Hillsborough schools.
Does private ABA at school replace IEP services?
No. The statute is explicit that private collaboration does not replace the district's IDEA duties and is not a waiver of your child's rights. Keep the IEP's services, accommodations and related services in place, and keep tracking them. Since July 1, 2026, Florida districts must also notify you within 10 school days when an IEP related service is missed (see the 2026 missed-services law). Those rules apply to the school's own services, not to your private provider's sessions.
How Hope Center helps with ABA at school
Hope Center provides school-based ABA as well as home, center, daycare and community sessions. Our programs are written by BCBAs and delivered by RBTs, every plan is reviewed by our clinical director before it goes to insurance, and RBTs are supervised weekly. Our staff can join IEP meetings where the school allows, and we coordinate with teachers on shared goals.
We serve families from West Palm Beach, Temple Terrace (Tampa), Port Charlotte, Jacksonville and Sebring, and in homes and schools across Broward, St. Lucie, Orlando, Lakeland and nearby areas. There is no waitlist. To ask about ABA at your child's school, contact us or call 561-337-8865 for a free consultation and free benefits check.