HOUSE BILL NO. 5044

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, 2026, the board of a school district or intermediate school district or board of directors of a public school academy shall develop and adopt a policy that allows a student who is enrolled in the school district, intermediate school district, or public school academy and who has a prescription, recommendation, or order from a private health care specialist for medically necessary treatment to receive the treatment when the student is in a school setting in compliance with other applicable state laws and federal laws, including, but not limited to, the specified federal statutes. The policy must address how a student described in this subsection receives medically necessary treatment when the student is in a school setting in compliance with other applicable state laws and federal laws, including, but not limited to, the specified federal statutes. Each school operated by a school district, an intermediate school district, or a public school academy shall immediately implement the policy that is developed and adopted by the board of the school district or intermediate school district or board of directors of the public school academy under this subsection.

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

(a) Include a requirement that the parent or legal guardian of each student 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 students to access medically necessary treatment required by the student for the student to have meaningful access to the benefits of a public education or to attend school without risks to the student's health or safety due to the student's disabling medical condition.

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

(i) Observe the student in the school setting.

(ii) Collaborate with instructional personnel and other school personnel as necessary to ensure the student receives medically necessary treatment 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 student 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 law or federal law to appeal the decision of the board or board of directors concerning access to medically necessary treatment in the school setting.

(d) Include a requirement that when a student or the student's parent or legal guardian requests that the student receive access to medically necessary treatment in a school setting, school personnel designated by the principal or other chief administrator of the student's school must meet with the student, the student's parent or legal guardian, and any representatives or health care personnel designated by the student or the student's parent or legal guardian not later than 30 days after submission of the request to determine how and when the requested medically necessary treatment will be accommodated. The student's school must allow the requested medically necessary treatment to be provided unless it would impose a fundamental alteration or an undue burden on the school under the specified federal statutes.

(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, on request, make the policy available to each parent or legal guardian of a student who is enrolled in the school district, intermediate school district, or public school academy.

(4) Subject to the family educational rights and privacy act of 1974, 20 USC 1232g, and the health insurance portability and accountability act of 1996, Public Law 104-191, by not later than July 1, 2027, and by not later than July 1 of 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 medically necessary treatment in the school setting resulting from a policy described in subsection (1) and whether each request was approved or denied and, if denied, the rationale for the denial.

(5) Subject to the family educational rights and privacy act of 1974, 20 USC 1232g, and the health insurance portability and accountability act of 1996, Public Law 104-191, by not later than January 1, 2027, and by not later than January 1 of each year thereafter, the department shall make the information it receives under subsection (4) available on the department's 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, including, but not limited to, a medical device or technology; a person-implemented treatment, including, but not limited to, applied behavior analysis; and other therapeutic interventions, that meets both of the following:

(i) Is prescribed, recommended, or ordered by a private health care specialist acting within the scope of the private health care specialist's license, registration, or other state authority.

(ii) Is delivered in a manner that falls under the scope of practice, licensure, and service delivery model for the treatment identified by the private health care specialist for the purpose of diagnosing, evaluating, treating, ameliorating, or remediating a diagnosed medical condition, disorder, disease, illness, or symptomology, including any mental health condition or disorder recognized under state law or included in the American Psychiatric Association Diagnostic and Statistical Manual of Mental Disorders in effect at the time of diagnosis, including, but not limited to, autism spectrum disorder.

(b) "Private health care specialist" means an individual licensed, registered, or otherwise authorized to practice a health profession under article 15 of the public health code, 1978 PA 368, MCL 333.16101 to 333.18838, and acting within the scope of that license, registration, or authorization. Private health care specialist includes a behavior technician as that term is defined in section 18251 of the public health code, 1978 PA 368, MCL 333.18251.

(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.