Current through September 24, 2024
(1) Non-public
schools interested in becoming a Participating School shall submit an
application to the Department by the deadline set by the Department.
(a) The non-public school's application
shall:
1. State the maximum number of students
receiving IEAs the school has the capacity to enroll;
2. Demonstrate financial viability to repay
any funds that may be owed to the state by providing the Department with
financial information verifying the school has the ability to pay an amount of
the IEA funds expected to be paid during the school year. The school may comply
with this requirement by filing a surety bond payable to the state from a
surety, and in an amount determined by the Department; and
3. State whether the school provides an
Inclusive Educational Setting; however, schools are not required to have an
Inclusive Educational Setting to participate in the IEA Program.
(b) The Department shall determine
the application process for non-public schools to participate in the Program.
The Department shall create a standard application which shall include, at a
minimum, the eligibility requirements set forth in the Act and these rules, and
may also include additional eligibility requirements set by the
Department.
(c) The Department
shall review the application and notify the school as to whether the school
meets the requirements to enroll students receiving IEAs.
(d) If the Department determines that a
school is eligible to enroll students receiving IEAs, the Department shall list
the school on the Department's website.
(2) Participating Schools shall:
(a) Be academically accountable to the
Account Holder for meeting the educational needs of the student by:
1. At a minimum, annually providing to the
Account Holder a written explanation of the student's progress; and
2. Cooperating with an Account Holder who
chooses for the student to participate in the statewide assessments.
(b) Comply with all health and
safety laws or codes that apply to non-public schools and the profession of the
provider;
(c) Certify that they
shall not discriminate against Participating Students or applicants on the
basis of race, color, or national origin;
(d) Conduct Criminal Background Checks on
employees;
(e) Exclude from
employment any person not permitted by state law to work or act as a provider
in a non-public school;
(f) Exclude
from employment any person who might reasonably pose a threat to the safety of
students; and
(g) Provide Account
Holders with a receipt for all qualifying expenses.
(3) Participating Schools shall annually
submit to the Department:
(a) All required
documentation and requested information, including the school calendar, the
non-public school's student fee schedules, and the maximum number of students
receiving IEAs the school has the capacity to enroll;
(b) Graduation and completion information of
Participating Students;
(c) Notice
of whether they intend to continue participating in the Program; and
(d) Proof of financial viability to repay any
funds that may be owed to the State by providing the Department with financial
information verifying the school has the ability to pay an amount of the IEA
funds expected to be paid during the school year. The school may comply with
this requirement by filing a surety bond payable to the State from a surety,
and in an amount determined by the Department.
(4) The Department may require Participating
Schools to submit to the Department a financial audit of the school conducted
by a certified public accountant. Such audit shall include a statement that the
report is free of material misstatements and fairly represents the
Participating School's maximum total tuition and fees. Any funds determined by
the Department to be expended in a manner inconsistent with the Act or this
Chapter shall be returned to the state.
(5) The Department may suspend or terminate a
Participating School from participating in the Program if the Department
determines the school has failed to comply with the requirements of the Act,
these rules, and/or the procedures set by the Department.
(a) If the Department suspends or terminates
a school's participation, the Department shall notify the Account Holder and
Participating School of the decision. If a Participating School is suspended or
if a Participating School withdraws from the Program, affected Participating
Students remain eligible to participate in the Program.
(6) A Participating School may appeal the
Department's decision pursuant to the appeals procedures outlined in this
Chapter. If a student withdraws from a Participating School and transfers to
another non-public school or returns to the LEA, the Participating School shall
refund the tuition and fees on a prorated basis based on the number of days the
student was enrolled in the school. If the student transfers to another
non-public school, the funds shall be returned to the student's IEA. If the
student returns to the LEA, the funds from the IEA shall be returned to the
state treasurer pursuant to T.C.A. §
49-10-1403.
(7) Third parties are prohibited from sending
IEAs to collections in order to settle unpaid debts. All contracts entered into
are the responsibility of the private parties involved.
Authority: T.C.A. §§
49-1-302 and
49-10-1405.
