The Committee on Education proposes the following amendment (SEDU-3974.KG0001S):

Amend the bill, as and if amended, SECTION 1, Section 59-10-510, by adding a subsection to read:

 (1) "Private Provider" means a provider who:
  (a) renders Applied Behavior Analysis therapy or performs an evaluation or observation pursuant to such therapy, and includes:
   (i) board certified behavior analysts;
   (ii) board certified assistant behavior analysts;
   (iii) board certified behavior analyst-doctoral; and
   (iv) registered behavior technicians under the appropriate supervision of a board certified behavior analyst or board certified assistant behavior analyst;
  (b) provides or seeks to provide services in a South Carolina public school;
  (c) is licensed by this State and in good standing or, if state licensure is not available, is certified by and in good standing with a national certification or accreditation organization; and
  (d) is not an employee of a public school district or the State Department of Education. 

Amend the bill further, SECTION 1, Section 59-10-520, by adding a subsection to read:

 (6) Nothing in this article shall be construed to preclude a school district from utilizing certified educators or other district personnel to provide instructional, behavioral, or therapeutic supports to students as otherwise permitted by law.

Amend the bill further, SECTION 1, by striking Section 59-10-530(B)(5)(a) and (b) and inserting:

  (a) the team, committee, or group convened to review the ADA request determines those services appropriate at that time pursuant to Section 59-10-520(1); and
  (b) services can be provided in a manner that does not interfere with the delivery of instruction to other students or otherwise prevent a classroom teacher from effectively managing and implementing classroom policies and procedures pursuant to Section 59-10-520(1);

Amend the bill further, SECTION 1, by striking Section 59-10-540 and inserting:

 Section 59-10-540. The board shall finalize its model policy by January 6, 20262027. Districts must adopt the model policy or develop their own policy that meets the minimum requirements of the model policy and is subject to department approval by July 1, 20262027.

Renumber sections to conform.

Amend title to conform.