Bill > H3974

This bill allows licensed or certified private providers, who are not school employees, to evaluate and provide medically necessary health, behavioral health, or therapeutic services to public school students during the school day, but only if requested by the student's parent or guardian. These services, which can include Applied Behavior Analysis (ABA) therapy, are considered "medically necessary" if ordered by a healthcare provider for a diagnosis like autism spectrum disorder, are not experimental, meet community standards, are not for convenience, and are needed during school hours. School districts cannot prohibit these evaluations or services, even if they exceed what is already provided through a student's Individualized Education Program (IEP) under the Individuals with Disabilities Education Act (IDEA), as long as providing them does not create an "undue burden" (meaning an excessive difficulty or expense) or a "fundamental alteration" (a significant change) to school operations, as defined by federal disability laws like the Americans with Disabilities Act (ADA). The State Department of Education will create a model policy by January 2027, which school districts must adopt or adapt by July 2027, outlining requirements for these private providers, including background checks, insurance, written agreements with schools, and adherence to school policies, while also ensuring the services do not interfere with other students' education or school operations.

Education

https://www.scstatehouse.gov/billsearch.php?billnumbers=3974&session=126&summary=B