HB 2327

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 th e 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 appli ed 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 t o 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 requires written consent from the student's parent or legal guardian for the provision of private pay services during the school day. The parent or legal guardian has the right to choose the private pay provider that provides services to the s tudent. A licensed behavior analyst must supervise private pay services delivered during the school day, including those delivered by a licensed assistant behavior analyst, in accordance with national certification standards, and ensure the quality and f id elity of the private pay services delivered. LEAs and public charter schools must provide accommodations necessary for private pay providers to deliver private pay services to a student during the school day, including providing classroom access, appropr iate space, and facilitating coordination between the private pay provider and school personnel. PROHIBITIONS This bill prohibits an LEA or public charter school from doing any of the following:  Charging a fee or otherwise imposing conditions or placing barriers that may hinder or prevent private pay providers from accessing a student during the school day.  Discriminating against or denying educational benefits or rights to a student who receives private pay services during the school day.  Retaliating against a student, parent, or legal guardian, or private pay provider for seeking or delivering private pay services on school premises.  Being held responsible for the costs of any private pay services provided to a student, unless otherwise agreed to or required as part of a student's IEP or other legal agreement. DISPUTES If an LEA or public charter school disagrees with a private pay provider or with a parent or legal guardian regarding access or the provision of private pay services during the school day that cannot be resolved between the respective parties, then this bill requires the department to appoint an impartial hearing officer to resolve the dispute. The hearing officer must give primary consideration to what is in the best interests of the student. BACKGROUND INVESTIGATIONS This bill requires a private pay provider to comply with the background investigation requirements that currently apply to any person applying for or holding a position as a teacher or any other position requiring proximity to school children or to children in a child care program, and provide proof of licensure and certification to the LEA or public charter school before providing any services on school premises. GUIDELINES AND BEST PRACTICES This bill requires the department, in consultation with relevant agencies and stakeholders, to develop guidelines and best practices to facilitate the implementation of this section, including model agreements for private pay providers with LEAs and publ ic charter schools. The department must distribute the guidelines and best practices to each LEA and public charter school and post the same on the department's website. APPLICABILITY This bill applies to the 2026-2027 school year and each school year thereafter. ON MARCH 12, 2026, THE SENATE ADOPTED AMENDMENT #1 AND PASSED SENATE BILL 2055, AS AMENDED. AMENDMENT #1 adds registered behavior technicians as an additional type of private pay provider. This amendment defines "" r egistered behavior technician"" as a paraprofessional who is certified by the Behavior Analyst Certification Board to implement applied behavior analysis services under the supervision and direction of a board-certified behavior analyst who retains responsibility for clinical oversight and outcomes. This amendment adds the following requirements for the provision of private pay services to a student during the school day: (1) Execution of a MOU with the LEA or public charter school to outline the terms and expectations of the private pay provider's presence and participation in the school environment ; (2) The s upervis ion of private pay services delivered during the school day by a licensed behavior analyst must be c ontracted for and privately compensated by the student's parent or legal guardian or by an external entity ; (3) Services must supplement, but not supplant, any requirements in a student's IEP; ( 4 ) Services must not be used to meet the requirements in a student's IEP; ( 5 ) Services d o not reduce an LEA's or public charter school's responsibility to provide a student with a FAPE ; (6) Execution of a waiver signed by the student's parent or legal guardian waiving any liability on the LEA or public charter school arising solely from the acts or omissions of the private pay provider ; (7) The private pay provider must maintain 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 (8) Replaces the requirement disagreements between parents and schools must be resolved by an impartial hearing officer with a requirement that each LEA or public charter school adopt and implement a policy for operationalizing private pay services in the LEA or public charter school. The full text of this amendment specifies five components that must be included in the policies."