Current through September 24, 2024
(1) Upon
notification by the Department that an IEA may be established, the applicant
shall sign an Agreement outlining the Account Holder's contractual obligations
upon enrolling in the Program, including the acceptable uses of IEA funds and
expense reporting requirements. In the Agreement, the Account Holder shall:
(a) Agree to provide an education for the
Participating Student in at least the subjects of English language arts,
mathematics, social studies, and science;
(b) Agree to not enroll the Participating
Student in a public school during the time the student is enrolled in the IEA
Program;
(c) Agree to release the
LEA in which the student resides and the school for which the student is zoned
to attend from all obligations to educate the student during the time the
student is enrolled in the IEA Program;
(d) Acknowledge that participation in the
Program has the same effect as parental refusal to consent to the receipt of
services under the Individuals with Disabilities Education Act at
20 U.S.C. §
1414. Participating Students will no longer
be entitled to a free appropriate public education (FAPE) provided through an
IEP but instead will be entitled to equitable services through an ISP. Account
holders acknowledge that students with an ISP are only entitled to receive some
special education and related services, not all of the services that are
required for a student with an IEP to receive FAPE. Participating Students who
previously held IEPs should engage with the LEA to develop an ISP through the
consultation process, as defined in
34 C.F.R. §§
300.134 and
300.137.
(2) The Agreement shall:
(a) Be submitted to the Department, along
with all required information, by the date set by the Department before the
first IEA payment is disbursed; and
(b) Be signed by the Account Holder and a
designee of the Department prior to becoming effective.
(3) After the Agreement is fully executed by
the Account Holder and the Department, the Department shall remit the first
payment to the IEA. IEA funds shall be remitted to the IEA thereafter until
termination of the Agreement.
(4)
The Department shall establish procedures to effectuate the funds transfer
process and dates on which each IEA payment shall be disbursed.
Authority: T.C.A. §§
49-1-302 and
49-10-1401, et
seq.
