Bill > HB2327

This bill requires Local Education Agencies (LEAs) and public charter schools in Tennessee to allow private pay providers, such as licensed behavior analysts or registered behavior technicians, to access students with autism spectrum disorder or developmental delays during the school day to provide specialized services. These services, known as "private pay services," are privately funded by the student's family or an external entity and are distinct from services provided by the school. The bill defines key terms like "IEP" (Individualized Education Program), which is a plan for students with disabilities, and "private pay provider" as professionals not employed by the school who deliver applied behavior analysis. Before services begin, the private pay provider must coordinate with the student's IEP team, sign a memorandum of understanding with the school, and ensure their services supplement, not replace, the student's IEP. Parents must provide written consent and waive liability for the school regarding the private pay provider's actions, though the school remains liable for its own negligence. The bill also outlines responsibilities for both schools and providers, including background checks for providers, and mandates that schools develop policies for integrating these services without hindering student access to the general curriculum or incurring costs for special facilities or equipment. The state department will develop guidelines to help implement these provisions, which will apply starting with the 2026-2027 school year.