An Act amending the act of March 10, 1949 (P.L.30, No.14), known as the Public School Code of 1949, in pupils and attendance, providing for access to private pay services.

PRINTER'S NO. 1249
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 1121
Session of
2025
INTRODUCED BY CARROLL, HILL-EVANS, MADDEN, GIRAL, HANBIDGE,
SANCHEZ, HOHENSTEIN, K.HARRIS, CEPHAS, KENYATTA, SMITH-WADE-
EL, SCOTT, T. DAVIS, MERSKI AND CEPEDA-FREYTIZ, APRIL 3, 2025
REFERRED TO COMMITTEE ON EDUCATION, APRIL 3, 2025
AN ACT
Amending the act of March 10, 1949 (P.L.30, No.14), entitled "An
act relating to the public school system, including certain
provisions applicable as well to private and parochial
schools; amending, revising, consolidating and changing the
laws relating thereto," in pupils and attendance, providing
for access to private pay services.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The act of March 10, 1949 (P.L.30, No.14), known
as the Public School Code of 1949, is amended by adding a
section to read:
Section 1372.2. Access to Private Pay Services.--(a) A
school entity shall allow a private pay provider, who has been
contracted by a parent of a student with autism spectrum
disorder or developmental delays, access to the student during
school hours to provide private pay services in the least
restrictive environment, including classroom settings, as
determined by the student's IEP or service agreement.
(b) A private pay provider shall coordinate with the
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student's IEP team and school staff to ensure that private pay
services only include services specifically required under the
student's IEP and that private pay services are integrated
effectively into the student's school day without disrupting the
overall classroom environment.
(c) Written consent from the parent or legal guardian of the
student shall be required for the provision of private pay
services during school hours. A parent or legal guardian shall
retain the right to choose the private pay provider that
provides private pay services to the child.
(d) A behavior analyst shall supervise private pay services
in accordance with national certification standards, and shall
ensure the quality and fidelity of delivered private pay
services.
(e) A school entity shall cooperate in providing necessary
accommodations for private pay providers to deliver private pay
services, including classroom access, appropriate space and
coordination with school personnel.
(f) A school entity may not:
(1) charge fees, impose conditions or place barriers that
would hinder or prevent private pay providers from accessing
students during school hours, provided that the private pay
services are aligned with the student's educational and
developmental needs;
(2) discriminate against or deny educational benefits or
rights to a student who receives private pay services;
(3) retaliate against a student, parent or legal guardian,
or private pay provider for seeking or delivering private pay
services on school premises; or
(4) be held responsible for the cost of private pay services
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provided under this section, unless otherwise agreed to as part
of a student's IEP or other legal agreement.
(g) In the event of a disagreement between a school entity
and a private pay provider, parent or legal guardian regarding
access or service provision that cannot be resolved by the
school entity and private pay provider, parent or legal
guardian, an impartial hearing officer shall be appointed to
resolve the dispute, with priority given to the best interests
of the student.
(h) A private pay provider shall complete all background
checks required under State law, including those required of
school employees under section 111, and provide proof of
licensure and certification to the school entity before
providing services on school premises.
(i) The department, in consultation with relevant agencies
and stakeholders, shall develop guidelines and best practices to
facilitate the implementation of this section, including model
agreements for private pay providers and school entities. The
department shall distribute the guidelines and best practices to
each school entity and make them available on the department's
publicly accessible Internet website.
(j) As used in this section, the following words and phrases
shall have the meanings given to them in this subsection unless
the context clearly indicates otherwise:
"Applied behavior analysis." The design, implementation and
evaluation of environmental modifications, using behavioral
stimuli and consequences, to produce socially significant
improvement in human behavior, including the use of direct
observation, measurement and functional analysis of the
relations between environmental and behavior.
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"Behavior analyst." An individual who is nationally
certified as a board-certified behavior analyst, or as a board-
certified assistant analyst, and who oversees a registered
behavior technician during the normal course of the behavior
analyst's professional duties.
"Behavior technician." An individual who is licensed or
certified to provide applied behavior analysis and is supervised
by a behavior analyst.
"Department." The Department of Education of the
Commonwealth.
"IEP." A written statement for a child with a disability
that is developed, reviewed or revised in a meeting in
accordance with the Individuals with Disabilities Education Act
(Public Law 91-230, 20 U.S.C. § 1400 et seq.) and 22 Pa. Code
Ch. 14 (relating to special education services and programs).
"Private pay provider." A behavior analyst or behavior
technician who:
(1) provides applied behavior analysis to a student;
(2) is not employed or contracted directly by a school
entity; and
(3) is compensated privately by the student's family or an
external entity.
"Private pay services." Applied behavior analysis provided
by a private pay provider on school premises.
"School entity." A school district, intermediate unit, area
career and technical school, charter school or regional charter
school operating within this Commonwealth.
Section 2. This act shall take effect in 90 days.
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