Shown verbatim: the complete text as captured from the official PDF posted by the Tennessee General Assembly, fetched 2026-09-25. Page and line markers are part of the official record; nothing is edited or removed. This is the chaptered version. The official bill page.
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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:
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(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.
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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
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BILL LEE, GOVERNOREvery fact on this page links to its source, starting with the official bill record.