When a neighborhood school is not working for your autistic child, a charter school or a private school can look like the obvious next step. The legal picture behind those two choices is very different. A charter school is a public school, and your child brings their IEP rights with them. A private school chosen by a parent sits largely outside the special education system, and that is true whether you pay tuition yourself or use a Family Empowerment Scholarship for Students with Unique Abilities (FES-UA). This guide compares the three paths using Florida's statutes and State Board of Education rules, so you can ask sharper questions before you enroll.
Is a Florida charter school a public school for special education?
Yes. Section 1002.33(1), Florida Statutes, opens with: "All charter schools in Florida are public schools and shall be part of the state's program of public education." Charter schools are exempt from most of the education code, but subsection (16)(a) lists the statutes they must still follow, including "Those statutes pertaining to the provision of services to students with disabilities" and "Those statutes pertaining to civil rights, including s. 1000.05, relating to discrimination."
Florida's IEP rule is explicit. Rule 6A-6.03028(2), Florida Administrative Code, says: "Students with disabilities who attend public charter schools and their parents retain all rights under Rules 6A-6.03011 through 6A-6.0361, F.A.C." The same paragraph says the school district "must serve students with disabilities attending those charter schools in the same manner as the district serves students with disabilities in its other schools," including related services on site to the same extent the district provides them at its other schools.
Other charter rules that matter for autistic students:
- Admission: "Students with disabilities and students served in English for Speakers of Other Languages programs shall have an equal opportunity of being selected for enrollment in a charter school" (s. 1002.33(10)(f)).
- Tuition: a charter school "shall not charge tuition or registration fees, except those fees normally charged by other public schools" (s. 1002.33(9)(d)).
- ESE support from the sponsor: the sponsor, usually the school district, must provide charter schools with "exceptional student education administration services" (s. 1002.33(20)(a)1.).
- Leaving: "A student may withdraw from a charter school at any time and enroll in another public school as determined by district school board rule" (s. 1002.33(10)(g)).
In practice, that means the full IEP process applies: evaluation timelines, IEP meetings, annual reviews, procedural safeguards, the discipline protections and the dispute options. Our Florida IEP guide covers each step.
Can my child's private BCBA or RBT work in a charter school?
Section 1003.572 lets parents bring private instructional personnel, including BCBAs and RBTs, into the "educational setting" once the teacher and principal consent to the time and place and screening is met. The statute speaks of school districts and public instructional personnel. Because charter schools must follow the statutes "pertaining to the provision of services to students with disabilities," there is a reasonable argument that s. 1003.572 applies to them too, but we have not found a court or agency decision that settles it. Ask the charter school for its written procedure, and see our guide to private ABA in public schools under s. 1003.572 for how the request works. If the school refuses, a Florida special education attorney can tell you whether the statute reaches your child's school.
What happens to IEP rights when I choose a private school?
When a parent places a child in a private school and the district has offered FAPE, the child becomes a "parentally-placed private school student with a disability." Florida's rule on these students, Rule 6A-6.030281, is blunt: "No parentally-placed private school student with a disability has 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." Private schools that take state scholarships must say the same thing to families in writing or on their website (s. 1002.421(1)(j)).
That does not mean the district disappears. Under the same rule:
- Child find still applies. The district where the private school is located must "locate, identify, and evaluate" students with disabilities enrolled in private schools in its area, in a time period comparable to public school students.
- Equitable services. Each district must spend a proportionate share of its federal IDEA funds on services for parentally placed private school students. The district consults with private school representatives and makes "the final decisions" about which services it will offer.
- A services plan, not an IEP. A student the district chooses to serve gets a services plan describing the specific services the district will provide. Services "may be, but are not required to be, provided on the premises" of the private school.
So a private school student might receive some speech services or consultation from the district, or might receive nothing beyond the evaluation. Ask the district ESE office what it offers private school students in your county this year.
What if I move my child because the school was failing them?
That is a different situation, one where FAPE is "at issue." Rule 6A-6.03311(7) says a district is not required to pay for private school if it "has made FAPE available" and the parents chose private school anyway. A court or administrative law judge may order reimbursement if it finds the district had not made FAPE available in time and the private placement is appropriate.
The notice rule matters here. Reimbursement "may be reduced or denied" if, at the most recent IEP meeting before removal, the parents did not tell the IEP team they were rejecting the proposed placement and intended to enroll the child in private school at public expense, or did not give written notice "at least ten (10) business days (including any holidays that occur on a business day) prior to the removal." The rule lists exceptions, for example when the school prevented the notice. If you are thinking about this route, speak with a Florida special education attorney before you withdraw your child. This guide explains the rule; it cannot tell you whether a claim fits your family.
How does FES-UA change the picture?
Many Florida families pay private school tuition with an FES-UA scholarship under s. 1002.394. 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." For purposes of IDEA, 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."
Two more points families often miss:
- Charter schools and FES-UA do not mix. A student is not eligible for the scholarship while "enrolled full time in a public school," and the statute's list expressly includes "a charter school authorized under this chapter" (s. 1002.394(6)(a)).
- You get notice of options. Within 10 days after an IEP or a Section 504 plan is issued, the district must tell the parent "of all the scholarship options available under chapter 1002" (s. 1003.57(1)(k)).
For the full trade-off, read FES-UA vs public school: the FAPE question and our FES-UA explainer.
Charter vs private vs FES-UA private: side by side
| Question | Charter school | Private school, parent pays | Private school with FES-UA |
|---|---|---|---|
| Public school? | Yes (s. 1002.33(1)) | No | No |
| IEP and FAPE | Yes, all rights retained (Rule 6A-6.03028(2)) | No individual right to services; district may offer a services plan | District not obligated to provide FAPE; IEP or matrix on request |
| Who evaluates | Your school district | District where the private school is located (child find) | District, on request for an IEP or matrix (s. 1002.394(7)(b)) |
| Tuition | None beyond normal public school fees | Set by the school | Scholarship can pay tuition and other approved costs |
| Admission | Equal opportunity for students with disabilities (s. 1002.33(10)(f)) | School's own policy | School's own policy |
| Discipline protections (manifestation determination) | Yes | School's own code | School's own code |
| Private BCBA or RBT on campus | Likely covered by s. 1003.572; confirm with the school | School's own policy | School's own policy |
Questions to ask before you enroll
Use this checklist when you visit:
- Charter schools: Who is the ESE contact here, and which services does the district provide on site? How are IEP meetings scheduled? What is your written procedure for a parent's private BCBA or RBT under s. 1003.572?
- Private schools: Do you have staff trained to support autistic students? What supports are written into your enrollment agreement? Will you allow my child's RBT on campus, and under what conditions? What is your discipline policy, and can you dismiss a student for disability-related behavior?
- Private schools with FES-UA: Are you an eligible private school for the scholarship? How do you bill Step Up? What happens to my child's place if we return to public school?
- All schools: Ask for answers in writing and keep a copy of your child's current IEP, evaluations and progress reports. If you return to a district school later, those records make the next IEP meeting much easier.
Whatever you choose, ABA can still fit around your child's school day. Many families schedule sessions after school, at home, or in the community, and some schools allow sessions on campus.
How Hope Center supports families in any school
Hope Center provides ABA at home, in our centers, in daycares and the community, and in schools where the school allows it. Our programs are written by BCBAs and delivered by RBTs, and our staff can join IEP meetings where allowed. Learn more about school-based ABA, or contact us or call 561-337-8865 for a free consultation and free benefits check.