{"data":{"id":"us-sc/s.c.-code-ann.-59-10-520","jurisdiction":"us-sc","citation":"S.C. Code Ann. § 59-10-520","heading":"Private providers; medically necessary services in schools; district ADA review.","body":"Districts must consider on a case-by-case basis a request from a parent or legal guardian of a student for a private provider to provide medically necessary services authorized by an independent third-party payor to a student at a public school during school hours, including the ability of a private provider to observe or evaluate the student and the environment where services will be provided.\n(1) If a parent or legal guardian of a student requests medically necessary services in excess of what the district has determined is appropriate pursuant to its obligations under the IDEA and the child's IEP and is providing to the student, the school must review the medically necessary service pursuant to an ADA analysis, which would allow a private provider to render the service as a reasonable accommodation as long as it does not impose an undue burden on or fundamental alteration to school operations as contemplated by the ADA and Section 504 of the Rehabilitation Act.\n(2) The collaboration of school personnel and private providers is intended to enhance but not supplant or replace the obligations or responsibilities of districts under the IDEA.\n(3) Districts may not apply or use a district's determination about its obligations in a child's IEP pursuant to the IDEA to deny or limit a student's access to medically necessary services from a private provider pursuant to the ADA.\n(4) Districts may utilize existing review processes or create new ones to review a request for medically necessary services pursuant to the ADA. Requests may be reviewed by a student's IEP team or 504 committee or another group convened to review the request; however, the participants must apply the appropriate ADA standards to review a request for medically necessary services.\n(5) A request made pursuant to this section does not automatically entitle a student to receive services in the school setting from a private provider absent a determination made by the school district on a case-by-case basis through the review process described in item (4).\n(6) If a parent or legal guardian requests a medically necessary service pursuant to the ADA for a student who does not currently have an IEP or 504 plan, the district must initiate the appropriate evaluation to determine if the child is entitled to services under the IDEA or Section 504 in addition to evaluating the ADA request.\n(7) 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.","path":["Title 59 - EDUCATION","CHAPTER 10 Physical Education, School Health Services, and Nutritional Standards","ARTICLE 5 Private Providers"],"source_url":"https://www.scstatehouse.gov/code/t59c010.php","current_through":"2026 Session of the General Assembly","vintage":"","retrieved_at":"2026-10-25T04:31:45Z","sha256":"4dbfa72bf5d03e05480e4b6a397538e5a2978bd3b51428bbdc7aa19f348c751e","source_id":"us-sc","stale":false,"prev":"us-sc/s.c.-code-ann.-59-10-510","next":"us-sc/s.c.-code-ann.-59-10-530"},"notice":"GroundRules: Original legal text. Not legal advice."}