Bill > H3974

This bill allows qualified private providers, such as board-certified behavior analysts and registered behavior technicians, 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 are defined as medically necessary if they are ordered by a licensed healthcare provider for a diagnosis of 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 unless they would impose an "undue burden" or "fundamental alteration" on school operations, terms defined by federal disability laws like the Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act. The State Department of Education will create a model policy by January 6, 2027, outlining requirements for these services, including background checks for providers, insurance coverage, and written agreements with schools, which school districts must adopt or adapt by July 1, 2027. This initiative aims to supplement, not replace, the services schools are already obligated to provide under federal special education law, known as the Individuals with Disabilities Education Act (IDEA).