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Bill would let private ABA therapists work in public schools to expand access for students with autism
Summary
A bill requiring school districts to permit private Applied Behavior Analysis (ABA) providers to observe and deliver medically necessary services in schools at a parent's request received testimony from parents, clinicians and district leaders; two technical amendments were adopted and the committee voted to report the bill as amended.
A state legislative committee on Wednesday heard broad support for a bill that would require school districts to consider parental requests to allow private Applied Behavior Analysis (ABA) providers to observe and deliver medically necessary ABA services in public schools.
Proponents told committee members the change would let medically prescribed ABA services occur where children spend most of their day and help families who now travel or pull children out of school for therapy. The bill would direct the state board to develop and adopt a model policy outlining parameters for private providers to observe and evaluate students; the sponsor said the board's adoption date in the text will be changed from January 2026 to January 2027 and that districts would have to adopt the policy by July 2027.
Supporters included Dr. Michael Adams, executive director of Lexington County School District 1, who described a local memorandum-of-understanding model the district has used for about 2½ years. "We are doing it with about 80 different students within our district," Adams said, and reported the arrangement has worked "with very little, very minimal issue." He told the committee Lexington 1 serves roughly 28,000 students and about 4,500 special education students, offering scale context for how many children school-based ABA might reach.
Parents and providers gave emotional and practical examples. Sandra Davis Mercer, speaking as an aunt and caregiver advocate, said her nephew's behavior improved after starting ABA and that in-home services can be disruptive for families; "Allowing ABA technicians to provide these necessary services to school would make a meaningful difference in families," Mercer said. Leslie Robinson, an attorney and mother, recounted obtaining 36 hours a week of early ABA for her child and said the early intensive therapy enabled her daughter to move into general education and excel.
Clinical and research perspectives were offered. A developmental-behavioral pediatrician described ABA's role in helping children generalize skills across settings. A practitioner who identified herself as a board-certified behavior analyst (BCBA) cited studies showing gains in adaptive behavior and cognitive functioning and said school-based ABA can improve engagement, reduce unsafe behaviors, and support classroom stability.
District representatives said some school systems already permit school-based ABA under MOUs and that the House version of the measure had been narrowed through stakeholder negotiation to address concerns about in-class disruptions and duplicative services. Ryan Bailey of the state association representing school administrators said districts that use MOUs (including Lexington, Richland 5, Horry County and Dorchester 2) have shared lessons that informed the bill.
Committee members asked about cost and oversight. One committee member noted the fiscal summary suggested a modest increase in the number of students served; another member asked whether there is any cost to the state. A committee member stated on the record that "there's no cost to the state," and witnesses said services are typically paid via Medicaid, private insurance, or employer-sponsored plans depending on the family.
The sponsor presented two technical amendments: the first corrected a drafting omission in definitions and updated the statutory dates; the second clarified that nothing in the section prevents districts from using certified educators or district personnel to provide instructional or behavioral therapeutic supports already permitted by law. Both amendments were adopted by voice vote. The committee subsequently voted to give the bill a paper report as amended.
The bill now proceeds from the committee with the committee record reflecting the testimony and the adopted technical changes. The committee did not take a roll-call vote with a recorded tally in the transcript; all approval actions in the hearing were recorded as voice votes.
