Local Education Agencies

Plain English Breakdown

The bill does not explicitly state how disputes will be resolved beyond appointing an impartial hearing officer.

Student Services for Autism Spectrum Disorder and Developmental Delays

This bill requires local education agencies (LEAs) and public charter schools to allow private pay providers access to students with autism spectrum disorder or developmental delays during the school day, under certain conditions.

What This Bill Does

• Requires LEAs and public charter schools to let private pay providers work with students who have autism spectrum disorder or developmental delays during school hours.
• Private pay providers must coordinate with IEP teams and school staff to ensure services align with the student's needs without disrupting the classroom environment.
• Parents or legal guardians need to give written consent for these services, and they can choose which provider works with their child.
• A licensed behavior analyst must supervise private pay services during school hours.
• LEAs and public charter schools must provide necessary accommodations like classroom access and space for the providers.
• Prohibits schools from charging fees or placing barriers on these services, discriminating against students who receive them, or retaliating against those involved.

Who It Names or Affects

• Local education agencies (LEAs) and public charter schools
• Students with autism spectrum disorder or developmental delays
• Parents or legal guardians of affected students

Terms To Know

Private pay provider

A licensed behavior analyst who provides applied behavior analysis to a student, is not employed by the school, and is paid privately.

IEP

An individualized education program developed for children with disabilities in accordance with federal law.

Limits and Unknowns

• The bill does not specify how schools will fund these services.
• It is unclear what happens if a school disagrees with the private pay provider or parent about access to services.

Official Summary Text

This bill requires local education agencies ("LEAs") and public charter schools to allow a private pay provider who is under contract with a parent or legal guardian of a student with autism spectrum disorder or developmental delays who is enrolled in th
e LEA or public charter school access to the student during the school day to provide the student with applied behavior analysis provided by a private pay provider on the grounds of the LEA or public charter school in which the student receiving the appli
ed
behavior analysis is enrolled ("private pay services") in educational settings that provide the least restrictive environment, including, but not limited to, classroom settings, as determined by the student's IEP or service agreement.

This bill requires a private pay provider to coordinate with the student's IEP team and school staff to ensure that private pay services only include the services specifically required under the student's IEP and that private pay services are integrated
effectively into the student's school day without disrupting the overall classroom environment. As used in this bill, a "private pay provider" means a licensed behavior analyst or licensed assistant behavior analyst who provides applied behavior analysis
t
o a student, is not employed or contracted directly by the LEA or public charter school in which the student receiving applied behavior analysis is enrolled, and is compensated privately by the student's family or by an external entity.

This bill requires written consent from the student's parent or legal guardian for the provision of private pay services during the school day. The parent or legal guardian has the right to choose the private pay provider that provides services to the s
tudent. A licensed behavior analyst must supervise private pay services delivered during the school day, including those delivered by a licensed assistant behavior analyst, in accordance with national certification standards, and ensure the quality and f
id
elity of the private pay services delivered. LEAs and public charter schools must provide accommodations necessary for private pay providers to deliver private pay services to a student during the school day, including providing classroom access, appropr
iate space, and facilitating coordination between the private pay provider and school personnel.

PROHIBITIONS

This bill prohibits an LEA or public charter school from doing any of the following:



Charging a fee or otherwise imposing conditions or placing barriers that may hinder or prevent private pay providers from accessing a student during the school day.



Discriminating against or denying educational benefits or rights to a student who receives private pay services during the school day.



Retaliating against a student, parent, or legal guardian, or private pay provider for seeking or delivering private pay services on school premises.



Being held responsible for the costs of any private pay services provided to a student, unless otherwise agreed to or required as part of a student's IEP or other legal agreement.

DISPUTES

If an LEA or public charter school disagrees with a private pay provider or with a parent or legal guardian regarding access or the provision of private pay services during the school day that cannot be resolved between the respective parties, then this
bill requires the department to appoint an impartial hearing officer to resolve the dispute. The hearing officer must give primary consideration to what is in the best interests of the student.

BACKGROUND INVESTIGATIONS

This bill requires a private pay provider to comply with the background investigation requirements that currently apply to any person
applying for or holding a position as a teacher or any other position requiring proximity to school children or to children in a child care program, and provide proof of licensure and certification to the LEA or public charter school before providing any
services on school premises.

GUIDELINES AND BEST PRACTICES

This bill requires the department, in consultation with relevant agencies and stakeholders, to develop guidelines and best practices to facilitate the implementation of this section, including model agreements for private pay providers with LEAs and publ
ic charter schools. The department must distribute the guidelines and best practices to each LEA and public charter school and post the same on the department's website.

APPLICABILITY

This bill applies to the 2026-2027 school year and each school year thereafter.

ON MARCH 12, 2026, THE SENATE ADOPTED AMENDMENT #1 AND PASSED SENATE BILL 2055, AS AMENDED.

AMENDMENT #1
adds registered behavior technicians as an additional type of private pay provider. This amendment defines

"
r
egistered behavior technician"
as
a paraprofessional who is certified by the Behavior Analyst Certification Board to implement applied behavior analysis services under the supervision and direction of a board-certified behavior analyst who retains responsibility for clinical oversight and
outcomes.

This amendment adds the following requirements for the provision of private pay services to a student during the school day:

(1) Execution of a MOU with the
LEA or public charter school to outline the terms and expectations of the private pay provider's presence and participation in the school environment
;

(2) The s
upervis
ion of
private pay services delivered during the school day
by a
licensed behavior analyst
must be c
ontracted for and privately compensated by the student's parent or legal guardian or by an external entity
;

(3) Services must
supplement, but not supplant, any requirements in a student's IEP;

(
4
)
Services must
not be used to meet the requirements in a student's IEP;

(
5
)
Services d
o not reduce an LEA's or public charter school's responsibility to provide a student with a FAPE
;

(6) Execution of a waiver
signed by the student's parent or legal guardian waiving any liability on the LEA or public charter school arising solely from the acts or omissions of the private pay provider
;

(7) The private pay provider must maintain
professional insurance that covers the school as an additional insured party to the LEA or public charter school before providing any services on school premises
; and

(8) Replaces the requirement disagreements between parents and schools must be resolved by an impartial hearing officer with a requirement that each
LEA or public charter school adopt and implement a policy for operationalizing private pay services in the LEA or public charter school.
The full text of this amendment specifies five components that must be included in the policies.

Current Bill Text

SENATE BILL 2055
By Walley

HOUSE BILL 2327
By Martin B
HB2327
010486
- 1 -

AN ACT to amend Tennessee Code Annotated, Title 49;
Title 68 and Title 71, relative to student services.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. Tennessee Code Annotated, Title 49, Chapter 10, is amended by adding
the following as a new part:
49-10-1501. Definitions.
As used in this part:
(1) "Applied behavior analysis" has the same meaning as "practice of
applied behavior analysis" as that term is defined in § 63-11-302;
(2) "IEP" means the individualized education program developed,
reviewed, and revised by an IEP team for a child with a disability in accordance
with the Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.);
(3) "Licensed assistant behavior analyst" has the same meaning as
defined in § 63-11-302;
(4) "Licensed behavior analyst" has the same meaning as defined in §
63-11-302;
(5) "Private pay provider" means a licensed behavior analyst or licensed
assistant behavior analyst who provides applied behavior analysis to a student, is
not employed or contracted directly by the LEA or public charter school in which
the student receiving applied behavior analysis is enrolled, and is compensated
privately by the student's family or by an external entity; and

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(6) "Private pay services" means applied behavior analysis provided by a
private pay provider on the grounds of the LEA or public charter school in which
the student receiving the applied behavior analysis is enrolled.
49-10-1502. Student access to private pay services during the school day.
(a) LEAs and public charter schools shall allow a private pay provider who is
under contract with a parent or legal guardian of a student with autism spectrum disorder
or developmental delays who is enrolled in the LEA or public charter school, access to
the student during the school day to provide the student with private pay services in
educational settings that provide the least restrictive environment, including, but not
limited to, classroom settings, as determined by the student's IEP or service agreement.
(b) A private pay provider must coordinate with the student's IEP team and
school staff to ensure that private pay services only include the services specifically
required under the student's IEP and that private pay services are integrated effectively
into the student's school day without disrupting the overall classroom environment.
(c) Written consent from the student's parent or legal guardian is required for the
provision of private pay services during the school day. The parent or legal guardian
has the right to choose the private pay provider that provides services to the student.
(d) A licensed behavior analyst shall supervise private pay services delivered
during the school day, including, but not limited to, those delivered by a licensed
assistant behavior analyst, in accordance with national certification standards, and shall
ensure the quality and fidelity of the private pay services delivered.
(e) LEAs and public charter schools shall provide accommodations necessary
for private pay providers to deliver private pay services to a student during the school
day, including, but not limited to, providing classroom access, appropriate space, and
facilitating coordination between the private pay provider and school personnel.

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(f) An LEA or public charter school shall not:
(1) Charge a fee or otherwise impose conditions or place barriers that
may hinder or prevent private pay providers from accessing a student during the
school day; provided, that the private pay services are aligned with the student's
educational and developmental needs;
(2) Discriminate against or deny educational benefits or rights to a
student who receives private pay services during the school day;
(3) Retaliate against a student, parent or legal guardian, or private pay
provider for seeking or delivering private pay services on school premises; or
(4) Be held responsible for the costs of any private pay services provided
to a student pursuant to this section, unless otherwise agreed to or required as
part of a student's IEP or other legal agreement.
(g) If an LEA or public charter school disagrees with a private pay provider or
with a parent or legal guardian regarding access or the provision of private pay services
during the school day that cannot be resolved between the respective parties, then the
department shall appoint an impartial hearing officer to resolve the dispute. The hearing
officer shall give primary consideration to what is in the best interests of the student.
(h) A private pay provider shall comply with the background investigation
requirements in § 49-5-413, and shall provide proof of licensure and certification to the
LEA or public charter school before providing any services on school premises.
(i) The department shall, in consultation with relevant agencies and
stakeholders, develop guidelines and best practices to facilitate the implementation of
this section, including model agreements for private pay providers with LEAs and public
charter schools. The department shall distribute the guidelines and best practices to
each LEA and public charter school and post the same on the department's website.

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SECTION 2. The headings in this act are for reference purposes only and do not
constitute a part of the law enacted by this act. However, the Tennessee Code Commission is
requested to include the headings in any compilation or publication containing this act.
SECTION 3. This act takes effect upon becoming a law, the public welfare requiring it,
and applies to the 2026-2027 school year and each school year thereafter.