AN ACT to amend Tennessee Code Annotated, Title 49; Title 68 and Title 71, relative to student services.
Summary
SB2055 creates a new part of Tennessee education law requiring local education agencies (LEAs) and public charter schools to allow certain privately paid applied behavior analysis services to be delivered to students during the school day. The bill applies to students with autism spectrum disorder or developmental delays and allows a parent- or guardian-contracted private pay provider to work with the student on school grounds, including in classroom settings, so long as the services do not conflict with the student’s educational placement.
The bill sets out a framework for how those services must operate. Private pay providers must coordinate with the student’s IEP team and school staff when appropriate, sign a memorandum of understanding with the school, carry required licensure/certification and insurance, comply with background check and confidentiality requirements, and be supervised by a licensed behavior analyst. The services must supplement, not replace, the student’s IEP and do not reduce the school’s duty to provide a free appropriate public education (FAPE). Schools must also adopt policies to manage scheduling, professional expectations, termination for cause, interactions on campus, and a parent appeal process, while the Tennessee Department of Education must issue implementation guidelines and model agreements.
Impact
SB2055 amends Title 49 and adds new statutory requirements governing access to school campuses for private applied behavior analysis providers. It affects LEAs, public charter schools, parents of students with autism spectrum disorder or developmental delays, and licensed behavior analysts, assistant behavior analysts, and registered behavior technicians. The bill also creates new administrative duties for schools and the Department of Education, while preserving existing special education obligations under IDEA and Tennessee law.
Sentiment
The bill appears to have broad support and little visible opposition in the available voting record. It passed the Senate Education Committee unanimously, then cleared floor votes and concurrence without any recorded nays, suggesting a generally favorable view of expanding parent-selected behavioral services in schools. The lack of committee transcript material limits insight into debate, but the votes indicate consensus around the bill’s approach.
Contention
The main points of potential contention are the balance between parental access and school control, and the liability and operational burdens placed on schools. Schools must allow access and make reasonable accommodations, but they are not required to pay for the services, build special facilities, or buy special equipment. The bill also requires a liability waiver for acts or omissions of the private provider, while preserving school liability for the school’s own negligence or legal violations. Another possible concern is whether private services could disrupt instruction or fragment a student’s school day, which the bill addresses by requiring coordination and by prohibiting the services from supplanting IEP services.
Extends requirements on use of restraint and seclusion to all students; requires immediate parental notification; requires DOE to collect and report data regarding use of restraint and seclusion on students.
Extends requirements on use of restraint and seclusion to all students; requires immediate parental notification; requires DOE to collect and report data regarding use of restraint and seclusion on students.
Permits school districts to define excused absences from school to include illness based on student's mental or behavioral health and requires Commissioner of Education to develop guidelines for defining excused absence for this reason.