HB 1121 — 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
 1   Amending the act of March 10, 1949 (P.L.30, No.14), entitled "An
 2      act relating to the public school system, including certain
 3      provisions applicable as well to private and parochial
 4      schools; amending, revising, consolidating and changing the
 5      laws relating thereto," in pupils and attendance, providing
 6      for access to private pay services.
 7      The General Assembly of the Commonwealth of Pennsylvania
 8   hereby enacts as follows:
 9      Section 1.    The act of March 10, 1949 (P.L.30, No.14), known
10   as the Public School Code of 1949, is amended by adding a
11   section to read:
12      Section 1372.2.    Access to Private Pay Services.--(a)   A
13   school entity shall allow a private pay provider, who has been
14   contracted by a parent of a student with autism spectrum
15   disorder or developmental delays, access to the student during
16   school hours to provide private pay services in the least
17   restrictive environment, including classroom settings, as
18   determined by the student's IEP or service agreement.
19      (b)   A private pay provider shall coordinate with the
 1   student's IEP team and school staff to ensure that private pay
 2   services only include services specifically required under the
 3   student's IEP and that private pay services are integrated
 4   effectively into the student's school day without disrupting the
 5   overall classroom environment.
 6      (c)   Written consent from the parent or legal guardian of the
 7   student shall be required for the provision of private pay
 8   services during school hours. A parent or legal guardian shall
 9   retain the right to choose the private pay provider that
10   provides private pay services to the child.
11      (d)   A behavior analyst shall supervise private pay services
12   in accordance with national certification standards, and shall
13   ensure the quality and fidelity of delivered private pay
14   services.
15      (e)   A school entity shall cooperate in providing necessary
16   accommodations for private pay providers to deliver private pay
17   services, including classroom access, appropriate space and
18   coordination with school personnel.
19      (f)   A school entity may not:
20      (1)   charge fees, impose conditions or place barriers that
21   would hinder or prevent private pay providers from accessing
22   students during school hours, provided that the private pay
23   services are aligned with the student's educational and
24   developmental needs;
25      (2)   discriminate against or deny educational benefits or
26   rights to a student who receives private pay services;
27      (3)   retaliate against a student, parent or legal guardian,
28   or private pay provider for seeking or delivering private pay
29   services on school premises; or
30      (4)   be held responsible for the cost of private pay services

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 1   provided under this section, unless otherwise agreed to as part
 2   of a student's IEP or other legal agreement.
 3      (g)   In the event of a disagreement between a school entity
 4   and a private pay provider, parent or legal guardian regarding
 5   access or service provision that cannot be resolved by the
 6   school entity and private pay provider, parent or legal
 7   guardian, an impartial hearing officer shall be appointed to
 8   resolve the dispute, with priority given to the best interests
 9   of the student.
10      (h)   A private pay provider shall complete all background
11   checks required under State law, including those required of
12   school employees under section 111, and provide proof of
13   licensure and certification to the school entity before
14   providing services on school premises.
15      (i)   The department, in consultation with relevant agencies
16   and stakeholders, shall develop guidelines and best practices to
17   facilitate the implementation of this section, including model
18   agreements for private pay providers and school entities. The
19   department shall distribute the guidelines and best practices to
20   each school entity and make them available on the department's
21   publicly accessible Internet website.
22      (j)   As used in this section, the following words and phrases
23   shall have the meanings given to them in this subsection unless
24   the context clearly indicates otherwise:
25      "Applied behavior analysis."   The design, implementation and
26   evaluation of environmental modifications, using behavioral
27   stimuli and consequences, to produce socially significant
28   improvement in human behavior, including the use of direct
29   observation, measurement and functional analysis of the
30   relations between environmental and behavior.

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 1      "Behavior analyst."     An individual who is nationally
 2   certified as a board-certified behavior analyst, or as a board-
 3   certified assistant analyst, and who oversees a registered
 4   behavior technician during the normal course of the behavior
 5   analyst's professional duties.
 6      "Behavior technician."     An individual who is licensed or
 7   certified to provide applied behavior analysis and is supervised
 8   by a behavior analyst.
 9      "Department."     The Department of Education of the
10   Commonwealth.
11      "IEP."     A written statement for a child with a disability
12   that is developed, reviewed or revised in a meeting in
13   accordance with the Individuals with Disabilities Education Act
14   (Public Law 91-230, 20 U.S.C. § 1400 et seq.) and 22 Pa. Code
15   Ch. 14 (relating to special education services and programs).
16      "Private pay provider."     A behavior analyst or behavior
17   technician who:
18      (1)   provides applied behavior analysis to a student;
19      (2)   is not employed or contracted directly by a school
20   entity; and
21      (3)   is compensated privately by the student's family or an
22   external entity.
23      "Private pay services."     Applied behavior analysis provided
24   by a private pay provider on school premises.
25      "School entity."     A school district, intermediate unit, area
26   career and technical school, charter school or regional charter
27   school operating within this Commonwealth.
28      Section 2.     This act shall take effect in 90 days.




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