Bill > HB2327

This bill requires Local Education Agencies (LEAs) and public charter schools to allow private pay providers, who are licensed behavior analysts or assistant behavior analysts providing applied behavior analysis (ABA) services, to access students with autism spectrum disorder or developmental delays during the school day. These private pay providers, compensated by families or external entities and not directly by the school, can deliver these services in educational settings, including classrooms, as outlined in the student's Individualized Education Program (IEP) or service agreement. The bill mandates that these services must be coordinated with the IEP team to avoid disruption and ensure integration, require parental consent, and be supervised by a licensed behavior analyst. Schools must provide necessary accommodations for these providers and cannot charge fees, create barriers, discriminate against students receiving these services, or retaliate against those involved. Schools are not responsible for the costs of these private pay services unless otherwise agreed upon or required by an IEP. Disputes regarding access or provision of services will be resolved by an impartial hearing officer appointed by the department, prioritizing the student's best interests. Private pay providers must also comply with background check requirements and provide proof of licensure and certification. The department will develop guidelines and best practices for implementation, and the act takes effect for the 2026-2027 school year.

Education

https://wapp.capitol.tn.gov/apps/Billinfo/Default?BillNumber=HB2327&ga=114