Tennessee legislation · 114th General Assembly
Tennessee HB2327: AN ACT to amend Tennessee Code Annotated, Title 49; Title 68 and Title 71, relative to student services.
Status: Chaptered, May 27, 2026
Fiscal Summary LOCAL GOVERNMENTEXPENDITURESMandatoryFY26-27 & Subsequent Years$11,102,000 Article II, Section 24 of the Tennessee Constitution provides that: no law of general application shall impose increased expenditure requirements on cities or counties unless the General Assembly shall provide that the state share in the cost. Bill Summary 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 the 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 applied 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 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. This bill req
What the bill says
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 § 49-5413; (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 whi.