HOUSE BILL NO. 6504

A bill to amend 1976 PA 451, entitled

"The revised school code,"

(MCL 380.1 to 380.1852) by adding section 1178b.

the people of the state of michigan enact:

Sec. 1178b. (1) Subject to subsection (2), by not later than July 1, 2023, the board of a school district or intermediate school district or board of directors of a public school academy shall develop or adopt a policy that addresses how a pupil who is enrolled in the school district, intermediate school district, or public school academy and who has a prescription from a private health care specialist for medically necessary treatment receives the treatment when the pupil is in a school setting in compliance with other applicable state laws and federal laws, including, but not limited to, the specified federal statutes.

(2) The policy described in subsection (1) must, at a minimum, include at least all of the following criteria:

(a) Include a requirement that the parent or legal guardian of each pupil enrolled in the school district, intermediate school district, or public school academy receive a notice that states that the specified federal statutes provide rights and protections to pupils to access medically necessary treatment required by the pupil for the pupil to have meaningful access to the benefits of a public education or to attend school without risks to the pupil's health or safety due to the pupil's disabling medical condition.

(b) Address the process in which a private health care specialist may do any of the following as required under the specified federal statutes:

(i) Observe the pupil in the school setting.

(ii) Collaborate with instructional personnel in the school setting.

(iii) Provide medically necessary treatment in the school setting.

(c) Include a requirement that the parent or legal guardian of each pupil enrolled in the school district, intermediate school district, or public school academy receive a notice informing the parent or legal guardian of any right under state or federal law to appeal the decision of the board or board of directors concerning access to medically necessary treatment in the school setting.

(3) The board of a school district or intermediate school district or board of directors of a public school academy shall make the policy described in subsection (1) publicly available on its website and shall, upon request, make it available to each parent or legal guardian of a pupil who is enrolled in the school district, intermediate school district, or public school academy.

(4) By not later than July 1, 2024, and by not later than July 1 each year thereafter, the board of a school district or intermediate school district or board of directors of a public school academy shall compile and provide to the department the total number of requests for access to a pupil by a private health care specialist resulting from a policy described in subsection (1) and whether or not the request was authorized or denied.

(5) By not later than January 1, 2025, and by not later than January 1 each year thereafter, the department shall make the information it receives under subsection (4) available on its website and shall report the information to the house and senate standing committees on education.

(6) As used in this section:

(a) "Medically necessary treatment" means treatment recommended or ordered by a private health care specialist.

(b) "Private health care specialist" means an individual licensed, registered, or otherwise authorized under article 15 of the public health code, MCL 333.16101 to 333.18838, and acting within the scope of that license, registration, or authorization.

(c) "Specified federal statutes" means the following provisions of federal law:

(i) Section 504 of title V of the rehabilitation act of 1973, 29 USC 794.

(ii) The Americans with disabilities act of 1990, Public Law 101-336.