Knox County Schools recognizes that parents/legal guardians may choose to independently contract with
private practitioners to access additional medical services which are outside of the student’s educational
program. The provision of services through outside providers during the school day may only be allowed
with approval from the KCS Supervisor of Health Services.

The additional services provided are not part of the student’s educational program, are paid for by the
parent/legal guardian, are not a requirement of FAPE (free and appropriate public education) and are the
choice of the parent/legal guardian. Services provided by private practitioners under this policy are
unrelated to, and not required to meet, the IEP, 504 or any other learning plan. Services provided under
this policy do not apply to or supersede determinations made by IEP/504 teams. Specifically, the cost of
all additional services provided to a student shall be the sole responsibility of the parent or legal guardian, individually by direct payment or through an applicable health insurance policy, Medicaid, or other third party payor, that has made funds available for the payment for the services provided. The Board of Education and Knox County Schools will not be responsible for payment for the services.

This option of the parent/legal guardian can be extended when documentation is provided to establish the service as a medical requirement and does not disrupt the education of the student or his/her peers. A service will be deemed a “medical requirement” if adequate documentation from a licensed professional in the field of the service to be provided deems the service necessary for the student, and such documentation is provided to the KCS Supervisor of Health Services.

Services obtained through private practitioners or non-employees being in contact with children in school buildings who have obtained appropriate clearance include, but are not limited to, the following:

• Psychologist
• Speech Language Pathologist
• Music Therapist
• Physical Therapist
• Mental Health Therapist
• Board Certified Behavior Analyst/Registered Behavior Technician/Behavior Technician
• Social Worker
• Occupational Therapist

Private practitioners may only provide services during the school day consistent with their profession and pursuant to this policy.

Appropriate paperwork should be completed and on file, and the principal or designee should be aware
of all practitioners/providers in the building or on the grounds. Private practitioners provide services under the supervision of the principal or his/her designee and are expected to follow all school-based procedures while on campus. Families, private practitioners, and agencies must adhere to all Board of Education policies and procedures, as well as handbook rules and regulations unique to each school, when accessing students on school campuses.

Private practitioners and organizations must provide a current, satisfactory certificate of insurance
indicating coverage for commercial general liability, including sexual abuse/molestation, and automobile
liability with limits not less than one million dollars ($1,000,000.00) for each occurrence. The Knox
County Board of Education shall be included as an additional insured.

Organizations shall maintain worker’s compensation insurance of at least the statutory limits as required
by the State of Tennessee or other applicable laws and employer’s liability insurance with limits of not
less than one hundred thousand dollars ($100,000.00). Private practitioners shall not be employees of
Knox County Schools. Instead, they are independent contractors and will not be covered under any
worker’s compensation policies for Knox County Schools employees.

All private practitioners must submit to a fingerprint TBI Criminal Background Check with results
released directly to Knox County Schools. The private practitioner will bear all costs of such background
check and other preemployment screens. Prior to being allowed entry pursuant to this policy, Knox
County Schools must approve the results of the background check consistent with approval of employees of Knox County Schools.

Private practitioners and organizations, on behalf of employees, must provide a current, appropriate
licensure identification number issued by the State of Tennessee, if applicable.

Parental Consent must be granted by the parent/legal guardian to allow access to each student for each
individual practitioner unless the student is an adult or otherwise authorized by Tennessee law to consent to their own medical treatment. Such documentation shall include, but not be limited to, a parental/legal guardian approved consent to release information form between the provider and the Board of Education.

To the extent that a private practitioner has access to confidential student and teacher data, including
personally identifiable information (PII), Knox County Schools and the private practitioner recognize that
the unauthorized disclosure of PII is prohibited by federal and state law, including, but not limited to, the
Federal Educational Rights and Privacy Act of 1974 (“FERPA”), the Tennessee Data Accessibility,
Transparency and Accountability Act (“DATAA”), Individuals with Disabilities Education Act
(“IDEA”), and the National School Lunch Act.

The Board designates the Director of Schools to establish and enforce sanctions, including but not limited to termination of a provider’s authorization to provide services on any school campus, against private practitioners for failure to comply with the provisions of this policy, and/or any other Knox County Board of Education Policy, Procedure, and/or any other applicable legal or procedural requirements.

Process:

1. Parent/Legal Guardian submits a request to the Supervisor of Health Services.
2. Parent/Legal Guardian submits a medical release.
3. Parent/Legal Guardian submits documentation from licensed medical provider stating necessity
   of services and rationale for provision of services during school hours
4. Parent/Legal Guardian submits proof of insurance or acknowledgement of financial
   responsibility.
5. Parent/Legal Guardian submits consent form.
6. Provider submits proof of insurance.
7. Provider submits background check information. 
8. Provider submits proof of appropriate certification.
9. Provider submits confidentiality agreement.
10. Provider submits service agreement.
11. Parent/Legal Guardian and provider must update the above information and receive renewed
    authorization annually.

Legal References:

1. Public Law 101-336 (Americans with Disabilities Act); 42 U.S.C. §12101.
2. 20 U.S.C. § 1232g; 34 CFR Part 99.
3. T.C.A. § 49-1-701.
4. 20 U.S.C. § 1400.
5. National School Lunch and Child Nutrition Act Amendments of 1974.

Approved as to Legal Form
By Knox County Law Director 11/17/2023
/Gary T. Dupler/Deputy Law Director