Understanding the Process for ABA Therapy Services with MSCS
Memphis-Shelby County Schools (MSCS) has established a process for qualifying external private Applied Behavior Analysis (ABA) providers to deliver services to eligible students during the school day in compliance with Tennessee HB 2327 , enacted as Public Chapter 1112 of 2026. The law requires local education agencies to provide qualifying private-pay providers access to eligible students when applicable requirements are met. Under Tennessee Department of Education (TDOE) guidance, this access must be coordinated in a manner that protects the student’s educational program and the school learning environment.
Applied Behavior Analysis (ABA) is an individualized, data-informed therapy that uses observable information about behavior and the environment to teach useful skills and reduce behaviors that may interfere with learning, access, or safety. ABA may support areas such as communication, daily routines, participation, independence, and other individualized goals.
Under the MSCS process, ABA is a private therapy service arranged by the parent or legal guardian and paid for privately or through available insurance. MSCS works with families, providers, and school teams to provide appropriate access while maintaining a safe and effective learning environment and protecting students’ instructional time. Private ABA services supplement the student’s educational program; MSCS instruction, the student’s IEP or Section 504 Plan, and other required educational services remain the priority.
To support consistent implementation across MSCS schools and ensure compliance with state requirements, all private ABA providers must complete the District’s approval, clearance, and school-planning process before services may begin on an MSCS campus.
How to Receive ABA Services at School
Private ABA providers must complete the MSCS approval process before providing services on an MSCS campus.
Providers may not begin services until:
- Confirm that the parent has provided the school with a copy of the fully executed MOU.
- The required compliance packet has been fully completed and reviewed by MSCS.
- The required Memorandum of Understanding (MOU) has been fully executed.
- Required licensure and insurance documentation has been verified.
- MSCS has approved the required fingerprint/background clearance.
- The provider has obtained the required MSCS private-service identification badge.
The provider, parent and school have completed a planning meeting to establish the schedule, location and expectations for services.
Important: Incomplete packets or documents will not be processed. Please ensure that all required forms, signatures and supporting documents are included before submission.
ABA Therapy Approval Process
Step 1: Complete the Provider Packet
The ABA provider must complete all required forms and provide the requested supporting documentation, including applicable licensure, insurance and clearance information.
Download the ABA Provider Compliance Packet
All PDF forms and agreements included in the packet should be fully completed and signed where required.
Step 2: Submit the Complete Packet to MSCS
Submit the completed packet and all required documents to: mscs_privatebehaviorservices@scsk12.org
Please submit the full packet together. Documents will not be reviewed or processed until all required information and signatures have been provided.
Step 3: MSCS Reviews the Submission
An MSCS representative will review the packet to ensure all required information and documentation have been submitted.
Once the packet is determined to be complete, MSCS will begin the District contract process.
Step 4: MOU Review and Signatures
MSCS will enter the agreement into the District’s Contract Portal. Contract advisors will review the agreement and route it for the required MSCS signatures.
The MOU establishes the responsibilities and conditions for the private provider, parent or legal guardian, and MSCS.
Step 5: Fully Executed MOU Is Returned
Once all required parties have signed the agreement, MSCS will provide the fully executed MOU to the provider.
The MOU may remain in effect for up to one calendar year, unless otherwise terminated in accordance with the agreement.
Step 6: Provider Obtains MSCS Identification
Before entering a school to provide services, the provider must complete the required clearance process and obtain an MSCS private-service ID badge.
Services may not begin until the provider’s approval and identification can be verified.
Step 7: Schedule the School Planning Meeting
After the approval process is complete, the provider will contact the school to schedule a planning meeting with the parent or guardian, principal or designee, counselor and other appropriate school staff.
During this meeting, the team will:
- Review the fully executed MOU.
- Review school expectations and procedures.
- Confirm the approved therapy schedule and location.
- Protect Tier I instruction, Physical Education, IEP services and Section 504 requirements.
- Identify the school-level contact for ongoing coordination.
- Review any additional student-specific logistics or needs.
If the student does not currently have an IEP or Section 504 Plan, the school will begin the appropriate S-Team process while the private-provider arrangement continues through the District approval process.
Roles and Responsibilities
| Families | ABA Providers | School Leaders and Educators | MSCS |
|---|
Parents or legal guardians initiate the private ABA arrangement and remain responsible for coordinating with the provider and school. Families are responsible for: - Selecting the private ABA provider.
- Providing the school with a copy of the fully executed MOU and any required parent documentation.
- Participating in the school planning meeting.
- Maintaining the private payment or insurance arrangement.
- Notifying the school and provider of changes to services, schedules, authorization or contact information.
Private ABA services are not paid for by MSCS under this process. | Private ABA providers are responsible for completing all MSCS approval and clearance requirements before services begin. Providers must: - Submit a complete compliance packet.
- Maintain required Tennessee licensure.
- Meet insurance requirements.
- Complete required background checks and fingerprinting.
- Obtain the MSCS private-service ID badge.
- Follow all school visitor, security, sign-in and safety procedures.
- Follow the agreed schedule and location for services.
- Protect student confidentiality.
- Coordinate with the designated school contact.
- Avoid disruption to instruction or required educational services.
Providers may not record other students or MSCS personnel and are prohibited from soliciting, recruiting or marketing to other families while on MSCS property. | The school team helps coordinate approved services while protecting the student’s educational program. Principals or their designees will: - Confirm that the provider has completed the District approval process.
- Obtain a copy of the fully executed MOU provided by the parent and add it to the student’s file.
- Verify the provider’s required MSCS identification.
- Establish the location, schedule and school procedures for service delivery.
- Protect instructional time, Physical Education, IEP and Section 504 requirements.
- Identify a school-level point of contact.
- Address concerns or changes in coordination with the parent, provider and appropriate District staff.
If a provider’s approval or identification cannot be verified, access should be paused until the District can confirm authorization. | The District is responsible for: - Reviewing provider compliance documentation.
- Verifying required licensure and background clearance.
- Routing the MOU through the District contract process.
- Returning the fully executed agreement.
- Supporting school teams with questions related to approval, access or compliance.
MSCS remains responsible for the student’s educational program, including the implementation of the student’s IEP or Section 504 Plan. Private ABA services supplement, but do not replace, services MSCS is required to provide. |
Resources and Checklists
For quick reference, please use the appropriate checklist below.
For School Leaders and Educators
Download the MSCS Educator/Principal Checklist for ABA Services
The checklist provides school teams with guidance for:
- Verifying provider approval.
- Preparing for the planning meeting.
- Protecting instructional time.
- Establishing the service schedule and location.
- Identifying the school contact.
- Responding to missing documentation, schedule conflicts or other concerns.
For ABA Providers
Download the ABA Provider Checklist
The provider checklist outlines:
- Required documents and forms.
- Licensing and insurance requirements.
- Background check and fingerprinting requirements.
- MOU completion.
- MSCS badge requirements.
- School-entry and day-of-service procedures.
- Provider conduct, confidentiality and communication expectations.
- Frequently asked questions.
For additional information about private ABA services in MSCS schools, including scheduling, classroom access, IEP/504 requirements, provider responsibilities and school procedures:
Download the Private ABA Services Frequently Asked Questions
The FAQ also explains an important distinction: private providers operate under their own clinical supervision, while MSCS retains educational authority and responsibility for the student’s educational program.
Questions or Assistance
For questions about the ABA private-provider approval process, completed packets or provider access, please contact: mscs_privatebehaviorservices@scsk12.org
Additional assistance is available through the MSCS Department of Exceptional Education.
Important Submission Reminder
All required forms, agreements and supporting documents must be fully completed before submission. Incomplete packets will not be processed.
Providers should complete and sign all applicable PDF documents contained in the ABA Services packet and submit the entire completed packet to mscs_privatebehaviorservices@scsk12.org for review.
ABA services may not begin on an MSCS campus until the District approval process is complete, the MOU has been fully executed, the provider has obtained the required MSCS private-service ID badge, and school-level logistics have been approved.