House Bill 2327, also known as Senate Bill 2055, amends Tennessee Code Annotated to create a framework for private pay services, particularly applied behavior analysis, for students with autism spectrum disorder or developmental delays in local education agencies (LEAs) and public charter schools. The bill defines "private pay provider" to include licensed behavior analysts and registered behavior technicians, and it outlines their responsibilities to coordinate with the student's Individualized Education Program (IEP) team. LEAs and public charter schools are required to allow access to these providers, ensuring that their services align with the IEP and do not disrupt the educational environment.
The legislation mandates that written consent from a student's parent or legal guardian is necessary before any private pay services can be rendered, and it prohibits LEAs and public charter schools from imposing fees or barriers that could limit access to these services. Additionally, the bill emphasizes that private pay services must supplement, rather than replace, the educational services provided by the school. It includes provisions for supervision by licensed behavior analysts, the establishment of operational policies, and the development of guidelines by the department to facilitate implementation. The act is set to take effect for the 2026-2027 school year and beyond.