S.C. Code Ann. § 59-10-530: Model policy for private providers in schools; requirements; sanctions; training.

(A) The State Board of Education shall develop a model policy setting the parameters for private providers to observe and evaluate a student or to provide medically necessary services during the school day, including during instructional time, in compliance with this chapter.

(B) At a minimum, the model policy must:

(1) require districts adopt a case-by-case review process for requests made by parents or guardians for a private provider to serve a child at a school during school hours;

(2) set forth a process for evaluating a request for medically necessary, disability-based services and supports pursuant to the ADA, which is a separate determination not limited to or determined by what is necessary for a Free and Appropriate Public Education (FAPE) under the IDEA or Section 504;

(3) require private providers to submit documentation of completed background checks to the district prior to entering a school building;

(4) determine the appropriate amount of professional liability insurance coverage for private providers and require them to maintain professional liability insurance coverage;

(5) allow for services to be provided during instructional time if:

(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);

(6) require the parent or legal guardian of a student receiving a service from a private provider to execute and submit to the district:

(a) a written confirmation of the funding source for services provided by the private provider;

(b) a parent or guardian authorization for the provision of services at school during the school day; and

(c) a consent to release information form between the private provider and the school district;

(7) require private providers to complete a written agreement with a school district that, at minimum, outlines:

(a) the school, teacher, and district's responsibilities;

(b) the duration and type of services to be provided;

(c) that the medically necessary services do not interfere with or impede other mandated services without collaboration and agreement between the service providers;

(d) expectations and requirements related to FERPA and any other applicable state and federal law;

(e) guidelines for any missed instructional time and assignments;

(f) expectations and guidelines for providers when interacting with students other than those receiving services with a goal of minimizing such interactions to the greatest extent possible;

(g) that a private provider must not be listed on a federal, state, or other child abuse or sex offender registries or otherwise be prohibited by state law from working in a school;

(h) expectations that the private provider must follow school policies and procedures; and

(i) allocation of liability between or among the parties; and

(8) provide procedures for a school district to establish sanctions, including termination of the authorization to provide services on any school campus, against a private provider for failure to comply with the policy of the district.

(C) The Department of Education shall develop and make available training on requesting access and guidance on the provision of services in school settings.