South Carolina H 3974: Private Providers

Bill Text

2025-2026 Bill 3974 Text of Previous Version (Apr. 20, 2026) - South Carolina Legislature Online 

South Carolina General Assembly
126th Session, 2025-2026

Bill 3974

Indicates Matter Stricken
Indicates New Matter

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

Indicates Matter Stricken

Indicates New Matter

Amended

April 1, 2026

H. 3974

Introduced by Reps. Calhoon, Bernstein, Erickson, 
Schuessler, Bauer, Guffey and McGinnis 

S. Printed 4/1/26--S. [SEC 
4/20/2026 1:02 PM]

Read the first time May 7, 2025

________

A bill

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING ARTICLE 
5 TO CHAPTER 10, TITLE 59 SO AS TO AUTHORIZE EVALUATORS TO EVALUATE PUBLIC 
SCHOOL STUDENTS FOR HEALTH, BEHAVIORAL HEALTH, OR THERAPEUTIC NEEDS, TO 
AUTHORIZE PRIVATE PROVIDERS TO PROVIDE RELATED SERVICES AT SCHOOLS DURING THE 
SCHOOL DAY, TO SPECIFY THESE EVALUATIONS AND SERVICES ONLY MAY OCCUR UPON 
REQUEST OF THE PARENT OR GUARDIAN OF THE STUDENT, TO PROVIDE SCHOOL DISTRICTS 
MAY NOT PROHIBIT SUCH EVALUATIONS OR SERVICES IN SCHOOLS DURING THE SCHOOL DAY, 
TO PROVIDE THE STATE DEPARTMENT OF EDUCATION SHALL ADOPT A RELATED MODEL 
POLICY, TO PROVIDE REQUIREMENTS FOR THE MODEL POLICY, TO PROVIDE SCHOOL 
DISTRICTS SHALL ADOPT RELATED POLICIES, AND TO DEFINE NECESSARY TERMS.

 Amend Title To Conform

Be it enacted by the 
General Assembly of the State of South Carolina:

SECTION 1. Chapter 10, Title 59 of the S.C. Code is amended by 
adding:

Article 5

Private Providers

 Section 
59-10-510. For purposes of this article:

 (1) 
"Private provider" means a provider who:

 (a) 
renders Applied Behavior Analysis therapy or performs an evaluation or 
observation pursuant to such therapy, and includes: 

 (i) 
board certified behavior analysts;

 (ii) 
board certified assistant behavior analysts;

 (iii) 
board certified behavior analyst-doctoral; and

 (iv) 
registered behavior technicians under the appropriate supervision of a board 
certified behavior analyst or board certified assistant behavior analyst;

 (b) 
provides or seeks to provide services in a South Carolina public school;

 (c) 
is licensed by this State and in good standing or, if state licensure is not 
available, is certified by and in good standing with a national certification 
or accreditation organization; and

 (d) 
is not an employee of a public school district or the State Department of 
Education. 

 (2) 
"Medically necessary service" means services that meet the following 
requirements:

 (a) 
ordered by a healthcare provider within the scope of the healthcare provider's 
license for the treatment or remediation of functional impairments associated 
with a diagnosis of autism spectrum disorder;

 (b) 
not for experimental or investigational purposes;

 (c) 
within the generally accepted standards of medical care in the community; 

 (d) 
not solely for the convenience or personal preference of the insured, the 
insured's family, or the provider; and

 (e) 
is medically necessary during school hours in the school setting.

 (3) 
"Third-party payor" includes, but is not limited to, Medicaid, self-funded 
health plans, and commercial insurance.

 (4) 
"Undue burden" has the same meaning as Section 504 of the Rehabilitation Act of 
1973, 29 U.S.C. Section 793, as amended, and Title II of the Americans with 
Disabilities Act (ADA) of 1990, 42 U.S.C. Section 12101, et seq., as amended.

 (5) 
"Fundamental alteration" has the same meaning as Section 504 of the 
Rehabilitation Act of 1973, 29 U.S.C. Section 793, as amended, and Title II of 
the Americans with Disabilities Act (ADA) of 1990, 42 U.S.C. Section 12101, et seq., as amended.

 Section 
59-10-520. Districts must consider on a case-by-case 
basis a request from a parent or legal guardian of a student for a private 
provider to provide medically necessary services authorized by an independent 
third-party payor to a student at a public school during school hours, 
including the ability of a private provider to observe or evaluate the student 
and the environment where services will be provided.

 (1) 
If a parent or legal guardian of a student requests medically necessary 
services in excess of what the district has determined is appropriate pursuant 
to its obligations under the IDEA and the child's IEP and is providing to the 
student, the school must review the medically necessary service pursuant to an 
ADA analysis, which would allow a private provider to render the service as a 
reasonable accommodation as long as it does not impose an undue burden on or 
fundamental alteration to school operations as contemplated by the ADA and 
Section 504 of the Rehabilitation Act.

 (2) 
The collaboration of school personnel and private providers is intended to 
enhance but not supplant or replace the obligations or responsibilities of 
districts under the IDEA. 

 (3) 
Districts may not apply or use a district's determination about its obligations 
in a chil