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KS SB441
Bill
Status
2/2/2026
Primary Sponsor
Education
Click for details
AI Summary
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School districts cannot prohibit private providers from delivering applied behavior analysis (ABA) therapy during school hours to students with autism spectrum disorder when requested by parents and deemed medically necessary by a healthcare provider
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Parents must provide a behavioral health evaluation and treatment plan from their chosen private provider, and consent to information sharing between the provider and school district
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Private providers must undergo state and national criminal background checks, maintain general liability insurance (up to $1,000,000 per occurrence/$1,000,000 aggregate), and comply with FERPA and any student IEP/504 plans while on school property
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All costs for private provider services are the sole responsibility of parents or third-party payors (insurance); school districts are immune from liability for private provider actions on school property
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School districts must adopt public policies implementing the act, and disputes over treatment protocols citing "undue hardship" must go through a resolution process established by the Kansas State Board of Education in consultation with the Kansas Disability Rights Center
Legislative Description
Enacting the applied behavior analysis services in school act to authorize the provision of medically necessary behavioral health services by private providers in schools and requiring school districts to adopt policies for the provision of such services.
Last Action
Senate Committee Report recommending bill be passed by Committee on Education
3/10/2026