Bill Summary: H 4927 (194th Massachusetts Legislature)
Title: An Act relative to protecting access to applied behavior analysis services in schools
Sponsor: Rep. James J. O’Day (with Co-sponsor Rep. Sean Garballey)
Jurisdiction: Commonwealth of Massachusetts
Bill Text Overview
- Filed: December 10, 2025
- Provincial status: As of the provided text, the bill has been introduced and referred through committee processes with ongoing actions and scheduled hearings.
Purpose and Intent
- The bill aims to protect and promote access to applied behavior analysis (ABA) services for students, specifically those diagnosed with Autism Spectrum Disorder (ASD), within public, charter, and private school settings.
- It seeks to ensure ABA services are delivered on school premises by qualified professionals and shield providers from undue barriers or interference by school personnel.
Key Provisions and Changes (Section-by-Section Summary)
- Definitions (Section 18(a)):
- Clarifies terms: Applied Behavior Analysis, Department (DESE), Licensed Applied Behavior Analyst, Private instructional personnel, and Registered Behavior Technician (RBT). Establishes supervision relationships (RBTs work under supervision of a licensed or board-certified behavior analyst).
Access to ABA Services (Section 18(b)):
- Public, charter, and private schools must provide access to ABA services for students with ASD.
- ABA services must be delivered on school premises by: (i) licensed applied behavior analysts, (ii) board certified behavior analysts, or (iii) registered behavior technicians.
- RBTs must be supervised by a licensed or board-certified behavior analyst.
Non-Denial of Access (Section 18(b)(2)):
- School districts cannot deny access to any qualified ABA provider (including private instructional personnel contracted by families) if the provider meets the section’s requirements.
Collaboration with Private Providers (Section 18(c)):
- Schools and districts must collaborate with private ABA providers to integrate services into the student’s academic environment.
Prohibitions on Barriers (Section 18(d)):
- Schools must not:
- Impose additional requirements on ABA providers beyond standard licensure/certification (Chapter 112 or BCBA/BCaBA credentials).
- Deny ABA providers access to classrooms or facilities.
- Charge additional fees for ABA services delivered in schools.
- School staff must not interfere with ABA providers performing their duties.
Supervision and Quality (Section 18(e)):
- RBTs delivering ABA in schools must be supervised by a licensed ABA or BCBA (consistent with national standards).
- The supervising analyst is responsible for ensuring intervention quality and fidelity.
Documentation and Background Checks (Section 18(f)):
- ABA providers must complete state-mandated background checks and provide proof of licensure/certification to school districts.
- Schools may request necessary documentation but cannot delay services for more than 45 days due to documentation requests.
Complaints and Enforcement (Section 18(g)):
- Parents/guardians or ABA providers may file a complaint with the Department of Elementary and Secondary Education (DESE) if access is denied.
- The Department must investigate complaints and may impose penalties or corrective actions on non-compliant schools or districts.
Effective Date
- Section 2 states the act would take effect on July 1, 2025, and apply to all ABA services delivered on or after that date.
Who is Affected
- Students with Autism Spectrum Disorder receiving ABA services in schools.
- Public, charter, and private schools and school districts.
- ABA providers, including licensed BAs, BCBAs, and RBTs, including private instructional personnel contracted by families.
- Families/guardians seeking ABA services for their children.
- DESE as the enforcement and oversight body.
Potential Impact
- Enhances access to ABA services within school settings, reducing barriers to provider entry and facility access.
- Standardizes supervision and quality control for ABA services delivered in schools.
- Clarifies collaboration requirements between districts and private ABA providers.
- Establishes a complaint mechanism with potential penalties for non-compliance, aiming to protect student services.
- Introduces a defined timeline (maximum 45-day documentation delay) to balance compliance with service delivery.
Notes
- The bill shows ongoing legislative activity, including hearings and committee referrals, with amendments or changes possible before final passage.