Bill
HB 5044
Michigan public schools must adopt policies allowing medically necessary in-school treatment for students with private health care prescriptions, under ADA/504 protections.
Status and sponsor
- Bill: HB 5044. Introduced by Rep. Pauline Wendzel (with co-sponsors Schmaltz, Rigas, Steckloff, Fitzgerald, Breen, Aragona).
- Introduced/Filed: 2025 (filed Mar 13, electronically reproduced/introduced Sept 24, 2025). Referred to Committee on Education and Workforce.
Purpose
- Require every board of a school district, intermediate school district (ISD), and public school academy (PSA) in Michigan to develop and adopt a policy allowing students with a prescription, recommendation, or order from a private health care specialist to receive medically necessary treatment while at school — consistent with applicable state and federal law (notably the Americans with Disabilities Act and Section 504).
Key provisions
- Policy deadline: Boards must develop and adopt the policy by July 1, 2026; each school must immediately implement the adopted policy.
- Minimum policy components:
- Parent notice that ADA and Section 504 provide protections for access to medically necessary treatments needed for meaningful access to public education or safety.
- Procedures enabling a private health care specialist to: observe a student in school, collaborate with school staff, and provide medically necessary treatment in the school setting.
- Parent notice of any state or federal appeal rights regarding board decisions on access to treatment.
- Requirement that, following a request by a student or parent/guardian, designated school personnel meet with the student, parent/guardian, and any designated representatives/health personnel within 30 days to determine accommodation logistics. The school must allow the requested treatment unless it would cause a “fundamental alteration” or an “undue burden” under the specified federal statutes.
- Reporting:
- Boards must compile and provide to the Michigan Department of Education (MDE) — by July 1, 2027, and annually thereafter — the total number of requests for medically necessary treatment, whether each was approved or denied, and reasons for denials (subject to FERPA and HIPAA).
- MDE must publish the received information on its website and report to the House and Senate education committees by Jan 1, 2027, and annually thereafter (subject to FERPA and HIPAA).
Definitions (selected)
- “Medically necessary treatment”: medical devices/technologies, person‑implemented treatments (including applied behavior analysis), and other therapeutic interventions that are prescribed/recommended/ordered by a private health care specialist and delivered consistent with the practitioner’s scope of practice; expressly includes treatment for mental health conditions and autism spectrum disorder.
- “Private health care specialist”: an individual licensed/authorized under Article 15 of the Public Health Code (1978 PA 368), and explicitly includes behavior technicians (per MCL 333.18251).
Who is affected
- Public school districts, ISDs, and PSAs; school administrators and staff; students with prescriptions/recommendations/orders for medically necessary treatments; parents/legal guardians; private health care specialists (including behavior technicians); and the Michigan Department of Education (for data collection/publishing).
Fiscal and implementation notes
- State: MDE may incur modest administrative costs to process and publish reports (likely absorbable within existing staff).
- Local: Districts/ISDs/PSAs may incur indeterminate costs to update policies, provide notices to parents, coordinate 30‑day meetings, and compile annual reports; costs will vary by district and number of requests.
- Reporting and disclosure obligations constrained by FERPA and HIPAA.
Relevant legal standard
- Access to medically necessary treatment in school is subject to nondiscrimination/reasonable accommodation standards under the ADA and Section 504 (including defenses such as fundamental alteration or undue burden).
Compiled from official sources — confirm details with the bill’s official record.
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