All Roll Calls
Yes: 250 • No: 9
South CarolinaH 3974126th General Assembly (2025-2026)House
AN ACT TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING ARTICLE 5 TO CHAPTER 10, TITLE 59 SO AS TO AUTHORIZE EVALUATORS TO EVALUATE PUBLIC SCHOOL STUDENTS FOR HEALTH, BEHAVIORAL HEALTH, OR THERAPEUTIC NEEDS, TO AUTHORIZE CERTAIN PRIVATE PROVIDERS TO PROVIDE RELATED SERVICES AT SCHOOLS DURING THE SCHOOL DAY, TO SPECIFY THESE EVALUATIONS AND SERVICES ONLY MAY OCCUR UPON REQUEST OF THE PARENT OR GUARDIAN OF THE STUDENT AND IN ACCORDANCE WITH APPLICABLE REQUIREMENTS, TO PROVIDE SCHOOL DISTRICTS MAY NOT PROHIBIT SUCH EVALUATIONS OR SERVICES IN SCHOOLS DURING THE SCHOOL DAY, TO PROVIDE THE STATE DEPARTMENT OF EDUCATION SHALL ADOPT A RELATED MODEL POLICY, TO PROVIDE REQUIREMENTS FOR THE MODEL POLICY, TO PROVIDE SCHOOL DISTRICTS SHALL ADOPT RELATED POLICIES, AND TO DEFINE NECESSARY TERMS.
Sponsored By: Paula Rawl Calhoon (Republican)
Signed by Governor
Summary
Private Providers
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Bill Overview
Analyzed Economic Effects
3 provisions identified: 1 benefits, 0 costs, 2 mixed.
Parents can request in-school therapy
Parents can ask the school to let a private provider give a medically necessary, insurer- or Medicaid-approved service during school hours. The district must review each request case by case under ADA standards. If the request goes beyond the IEP, the district still must do an ADA review and cannot deny only because of the IEP. If the student has no IEP or 504 plan, the district must start those evaluations while it reviews the ADA request. The school may refuse only if allowing the service would be an undue burden or a fundamental change to school operations.
State rules for in-school therapy
The State Board of Education creates a model policy for private-provider observations, evaluations, and services in schools. It must include a case-by-case ADA review and can allow services during class when approved and not disruptive. Parents must give written confirmation of the funding source, authorize services during the school day, and consent to share information. Providers must complete background checks, show professional liability insurance, and sign a written agreement covering roles, FERPA, limits on contact with other students, and sanctions for rule violations. The board must finish the model by January 6, 2027, and districts must adopt it or an approved equivalent by July 1, 2027; the Education Department provides training and guidance.
Who can provide therapy at school
The law defines who counts as a private provider in public schools. It includes board-certified behavior analysts and registered behavior technicians under proper supervision. Providers must be licensed in South Carolina and in good standing, or hold a recognized national credential if no state license exists. It defines medically necessary services, which must be ordered by a health care provider, follow accepted standards, not be experimental or for convenience, and be needed during school hours. It also names third-party payors like Medicaid, self-funded health plans, and commercial insurance.
Sponsors & Cosponsors
Sponsor
Paula Rawl Calhoon
Republican • House
Cosponsors
Heather Bauer
Democrat • House
Beth E. Bernstein
Democrat • House
Shannon S. Erickson
Republican • House
Brandon Guffey
Republican • House
Timothy A. "Tim" McGinnis
Republican • House
Carla M. Schuessler
Republican • House
Roll Call Votes
House vote • 4/23/2026
(Private Providers)Concur in Senate Amendments
Yes: 107 • No: 0
Senate vote • 4/1/2026
(Private Providers)2nd Reading
Yes: 44 • No: 0
House vote • 5/6/2025
(Private Providers)Passage of Bill
Yes: 99 • No: 9
Actions Timeline
Act No. 186
6/2/2026legislatureEffective date 05/18/26
6/2/2026legislatureSigned By Governor
5/18/2026GovernorRatified R 189
5/14/2026legislatureRoll call Yeas-107 Nays-0
4/23/2026HouseConcurred in Senate amendment and enrolled
4/23/2026HouseDebate adjourned
4/21/2026HouseScrivener's error corrected
4/20/2026legislatureRead third time and returned to House with amendments
4/15/2026SenateRoll call Ayes-44 Nays-0
4/1/2026SenateRead second time
4/1/2026SenateAmended
4/1/2026SenateCommittee Amendment Adopted
2/17/2026SenateCommittee report: Favorable with amendment Education
2/11/2026SenateReferred to Committee on Education
5/7/2025SenateIntroduced and read first time
5/7/2025SenateScrivener's error corrected
5/7/2025legislatureRead third time and sent to Senate
5/7/2025HouseRoll call Yeas-99 Nays-9
5/6/2025HouseRead second time
5/6/2025HouseAmended
5/6/2025HouseScrivener's error corrected
5/6/2025legislatureScrivener's error corrected
5/5/2025legislatureCommittee report: Favorable with amendment Education and Public Works
5/1/2025HouseMember(s) request name added as sponsor: Guffey, McGinnis
4/9/2025House
Bill Text
Introduced
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