SC H3974

Authorizes private Applied Behavior Analysis (ABA) therapy providers to deliver medically necessary services to public school students with autism spectrum disorder during school hours, including instructional time, when requested by parents or guardians.

Requires school districts to evaluate requests for private provider services under ADA reasonable accommodation standards, separate from IDEA/IEP determinations, and prohibits districts from using IEP decisions to deny medically necessary services.

Private providers must hold state licensure or national certification, submit background checks, maintain professional liability insurance, and cannot be listed on child abuse or sex offender registries.

State Board of Education must finalize a model policy by January 6, 2027, and school districts must adopt compliant policies by July 1, 2027, including written agreements outlining provider responsibilities, FERPA compliance, and liability allocation.

Districts retain authority to sanction or terminate private providers who fail to comply with policies, and providers must deliver services without interfering with instruction to other students or classroom management.