Tennessee House Bill HB2327

Tennessee 2025-2026 Regular Session

• Introduced: 2/2/26
• Refer: 2/5/26
• Refer: 3/10/26
• Refer: 3/25/26

Caption

AN ACT to amend Tennessee Code Annotated, Title 49; Title 68 and Title 71, relative to student services.

Summary

HB2327 requires Tennessee local education agencies (LEAs) and public charter schools to allow certain privately paid service providers to access students during the school day to deliver applied behavior analysis (ABA) services. The bill applies to students with autism spectrum disorder or developmental delays and is tied to the student’s IEP or service agreement, with services to be provided in the least restrictive educational setting, including classroom settings when appropriate. The bill defines key terms such as private pay provider and private pay services, and it sets conditions for access. Parents or legal guardians must give written consent and may choose the provider. The provider must coordinate with the student’s IEP team and school staff, comply with background check requirements, and provide proof of licensure and certification. The bill also directs the Department of Education to develop implementation guidelines, best practices, and model agreements for schools and providers.

Impact

The bill would add a new part to Tennessee Code Annotated Title 49 governing student access to private ABA services during the school day. It would limit LEAs and public charter schools from charging fees, imposing barriers, denying educational benefits, or retaliating against students, parents, or providers for using these services, while also making clear that schools are generally not financially responsible for the private services unless otherwise agreed or required by an IEP or legal agreement. It also creates a dispute-resolution process through an impartial hearing officer appointed by the department when disagreements arise over access or service provision.

Sentiment

The available voting history suggests strong support in the House committees, with unanimous or near-unanimous favorable votes in both the House Education Administration Subcommittee and the House Education Committee. No committee transcript is available, but the bill’s progress indicates it was viewed positively by committee members and advanced without recorded opposition in those votes.

Contention

The main policy tension in the bill is between parental choice and school control over the school environment. Supporters appear to favor allowing families to bring privately funded ABA providers into schools so students with autism or developmental delays can receive services during the school day. Potential concerns include classroom disruption, coordination burdens on school staff, access and supervision requirements, and whether schools should be required to accommodate outside providers on campus. The bill addresses these concerns by requiring coordination with IEP teams, background checks, licensure verification, and a dispute-resolution process, while also stating that schools are not responsible for the cost of the private services.