Tennessee schools let private behavior providers serve eligible students

Local education agencies and public charter schools must allow an eligible student's contracted private provider to give behavior services during the school day. The student must be enrolled in the school system or public charter school and have autism spectrum disorder or developmental delays. The provider must be a licensed behavior analyst, licensed assistant behavior analyst, or registered behavior technician, paid privately by the family or an outside entity and not employed or directly contracted by the school. A parent or guardian must give written consent and sign a waiver for liability arising solely from the provider's acts or omissions; the waiver does not cover the school's own negligent or willful acts or violations of state law. Services must fit the student's educational placement and supplement, not replace, the student's IEP services or the school's duty to provide a free appropriate public education. The law applies beginning with the 2026–2027 school year and each school year after that.

Private providers and schools must follow rules for coordinating, supervising, and providing services on school premises. These rules cover private providers delivering behavior services to enrolled students during the school day. When appropriate, providers coordinate with the student's IEP team and school staff without disrupting instruction or reducing access to general education or core classes. A licensed behavior analyst must supervise services. Providers must meet background check requirements, show credentials and insurance before providing services, and follow school confidentiality rules. Schools must provide reasonable accommodations, but do not pay for services or have to build special facilities or buy special equipment. Providers must show their credentials and insurance before giving services on school premises.

Each local education agency and public charter school must adopt a policy for private services, and the state education department must issue guidance. These duties apply to Tennessee local education agencies, public charter schools, and the state education department. The policy must cover provider communication and scheduling, conduct at school, ending services for cause, contact with others at school, and a local appeal process for parents or guardians. The department must develop guidance and model agreements with relevant agencies and stakeholders, distribute them to school systems and public charter schools, and post them online. These provisions apply beginning with the 2026–2027 school year and each school year after that.