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Local Education Agencies - As enacted, requires 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 developm, the official text

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ff Slate Jennessee

                            PUBLIC CHAPTER NO. 1112

                                                    SENATE BILL NO. 2055

                                           By Walley, Lowe, Campbell, Massey

                                           Substituted for: House Bill No. 2327

    By Brock Martin, White, Hurt, McCalmon, Scarbrough, Darby, Travis, Capley, Faison, Williams,
     Grills, Greg Martin, Atchley, Hawk, Maberry, Garringer, Garrett, Boyd, Farmer, Moon, Barrett,

                                      Reeves, Haston, Love, Davis, Doggett, Hale

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, registered
                    behavior technician, 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;

                              (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; and

                              (7) "Registered behavior technician" means 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.

          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
SB 2055

settings, including, but not limited to, classroom settings; provided, that the educational
settings in which private pay services are provided do not conflict with the student's
educational placement.

          (b) Before a private pay provider provides services to a student pursuant to this
section, the private pay provider shall:

                   (1) Coordinate, when appropriate, with the student's IEP team and school staff
         to ensure that private pay services are integrated effectively into the student's school
         day without disrupting the overall classroom environment, the delivery of instruction,
         or the student's access to the general curriculum, and do not consistently fragment
         the student's schedule in a way that reduces the student's access to the general
         education program or the student's core curriculum; and

                   (2) Execute a memorandum of understanding 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.

         (c) Private pay services provided pursuant to this section:

         (1) Must supplement, but not supplant, any requirements in a student's IEP;

         (2) Must not be used to meet the requirements in a student's IEP; and

                  (3) Do not reduce an LEA's or public charter school's responsibility to provide
         a student with a FAPE.

          (d) Before any private pay services are provided to the student during the school day
pursuant to this section, the student's parent or legal guardian must provide written consent
to the LEA or public charter school in which the student is enrolled acknowledging that the
private pay services have been selected by the parent or legal guardian for their student and
are not being provided by the LEA or public charter school. The written consent provided
pursuant to this subsection (d) must also include 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. This subsection (d) does not waive an LEA's or
a public charter school's liability for any act or omission by the LEA, public charter school, or
one (1) or more of the LEA's or public charter school's agents or employees that is negligent,
willfuf, or constitutes a violation of state law.

        (e) A licensed behavior analyst, contracted for and privately compensated by the

student's parent or legal guardian or by an external entity, shall supervise private pay
services delivered during the school day, including, but not limited to, those delivered by a
licensed assistant behavior analyst or registered behavior technician, in accordance with
national certification standards, and shall ensure the quality and fidelity of the private pay
services delivered.

          (f) _LEAs and public charter schools shall provide reasonable 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 and facilitating
coordination between the private pay provider and school personnel.

         (g) 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; provid,ed, that the priv~te 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 sefVices 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;

                   (4) Be held responsible for the costs.of.~ny private pay servic;es provided to a
         student pursuant to this section; or

         (5) Be held responsible for:

                                   2
SB 2055

                                       (A) Constructing special facilities for the provision of private pay
                             services; or

                                       (B) Purchasing special equipment for the provIsIon of private pay
                             services outside of what is customarily available at the school where the
                             private pay services are being provided.
                   (h) An LEA or public charter school shall adopt and implement a policy for
         operationalizing private pay services in the LEA or public charter school. The policy adopted
         pursuant to this subsection (h) must establish:
                             (1) How private pay providers will communicate, coordinate, and schedule
                   with a student's IEP team;
                             (2) Professional expectations of private pay providers when providing private
                   pay services in a school or classroom setting; • •
                             (3) A process for discontinuing or terminating private pay services if the LEA
                   or public charter school determines that the private pay services of a private pay
                   provider must be discontinued or terminated for cause;
                             (4) Whether a private pay provider may interact with others on school property
                   who are not. receiving private pay services, and, if permitted to do so, the extent to
                   which private pay providers may interact with others on school property; and
                             (5) A local appeal process through which a student's parent or legal guardian
                   may seek a resolution when the LEA or public charter school disagrees with the
                   private pay provider or the provision of private pay services.
                   (i) A private pay provider shall:
                             (1) Comply with the background investigation requirements in § 49-5-413;
                             (2) Provide proof of licensure, certification, and 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
                             (3) Adhere to the same student confidentiality laws, rules, regulations, and
                   policies that employees of the LEA or public charter school in which the private pay
                   provider provides services must follow.
                   U) 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.
          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.

                                                                3
         SENATE BILL NO. 2055

PASSED:  April 23, 2026

                                             RANDY llcNALLY

                                  SPEAKER OF THEJSENA TE

                         CAMERO'RSEXTON,SPEAKER

                         HOUSE OF REPRESENTATIVES

APPROVED this /tJwJ.. day of 007       2026

         ~tu.-
                   BILL LEE, GOVERNOR
Every fact on this page links to its source, starting with the official bill record.