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Michigan House panel hears opposition to bill that would require access for private ABA providers; MDE urges guidance and collaboration first
Summary
The House Education and Workforce Committee heard opposition to House Bill 50‑44 from special‑education attorneys and administrators who warned the bill could conflict with IDEA and raise insurance and liability concerns; Michigan Department of Education officials urged districts to implement newly issued guidance and called for collaboration between schools and private providers.
The House Education and Workforce Committee heard testimony and questioning Thursday on House Bill 50‑44, a proposal to address access for private applied behavior analysis (ABA) providers in public schools.
Attorney Michelle (introduced in committee materials as Michelle Eddy; she identified herself orally as Michelle Etienne), who said she represents members of the Michigan Association of Administrators for Special Education, testified in opposition. She told the committee the bill “interferes with the school's ability to comply with these key laws and important mandates” and warned it could result in students "not receiving all of their required IEP services" or losing required access to nondisabled peers. Michelle also raised an insurance concern, describing a Michigan case in which an insurer successfully sought reimbursement from a school district for nursing services provided during the school day and saying that similar subrogation claims could follow if outside providers deliver services on campus.
"Schools have legal obligations under federal and state law," she said, referencing the…
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