Current through September 24, 2024
(1) Eligible
Private Schools interested in enrolling students receiving ESAs shall submit an
application to the Department by the deadline set by the Department.
(a) The Department shall develop an
application and application process for Eligible Private Schools to participate
in the Program. Such application shall be posted on the Department's website
and shall request, at a minimum, the following information from an applicant:
1. The maximum number of students receiving
ESAs the school has the capacity to enroll per grade level;
2. Demonstration of financial viability to
repay any funds that may be owed to the state by filing with the application
financial information verifying the school has the ability to pay an aggregate
amount equal to twenty five percent (25%) of the amount of ESA funds expected
to be paid during the school year. The school may comply with this requirement
by filing an annual surety bond payable to the state from a surety, and in an
amount determined by the Department; and
3. The school's academic calendar, the
school's admission policy, and the school's tuition and fee schedule.
(b) The Department shall review
the application and notify the school as to whether the school meets the
requirements outlined in (a) to become a Participating School and receive ESA
funds from a Participating Student for Qualified Expenses including, tuition
and fees.
(c) If an Eligible
Private School is approved to be a Participating School, the Department shall
list the school on the Department's website, including grades served and any
other information the Department determines may assist parents in selecting a
Participating School.
(2) As a condition of approval to become a
Participating School, the school shall agree to the following:
(a) Be academically accountable to the
Account Holder for meeting the educational needs of the Participating Student
by:
1. At a minimum, annually providing to the
Account Holder a written explanation of the student's progress; and
2. Ensuring Participating Students in grades
three through eleven (3-11) are administered the TCAP tests in math and English
Language Arts, or successor tests approved by the State Board, each year the
Participating Student is enrolled in the Participating School.
(b) Comply with all state and
federal health and safety laws or codes that apply to non-public
schools;
(c) Comply with monitoring
requirements set by the Department;
(d) Certify that they shall not discriminate
against Participating Students or applicants on the basis of race, color, or
national origin;
(e) Agree to
accept reimbursement payments for tuition and fees from an Account Holder on
the payment schedule identified by the Department;
(f) Agree to participate in the Program for
the full school year unless the school is suspended or terminated by the
Department;
(g) Comply with T.C.A.
§
49-5-202;
(h) Comply with the minimum kindergarten age
requirement pursuant to T.C.A §
49-6-201(b)(3)
and the State Board of Education Rule
0520-07-02;
(i) Conduct criminal background checks on
employees upon employment and at least every five (5) years thereafter;
and
(j) Exclude from employment:
1. Any person not permitted by state law to
work in a non-public school; and
2.
Any person who might reasonably pose a threat to the safety of students.
Participating Schools have ultimate discretion to determine whether or not a
person might reasonably pose a threat to the safety of students; however,
Participating Schools may consider excluding persons who have ever been
convicted of any of the following offenses, or the same or similar offense in
any jurisdiction, including convictions for the solicitation of, attempt to
commit, conspiracy, or acting as an accessory to:
(i) A sexual offense or a violent sexual
offense as defined in T.C.A. §
40-39-202;
(ii) An offense listed in T.C.A. §§
39-13-102 - 39-13-115;
(iii) An offense listed in T.C.A.
§§
39-14-301 and
39-14-302;
(iv) An offense listed in T.C.A. §§
39-14-401 - 39-14-404;
(v) An offense listed in T.C.A. §§
39-15-401 and
39-15-402;
(vi) An offense listed in T.C.A. §
39-17-417; and
(vii) An offense listed in T.C.A. Title 39,
Chapter 17, Part 13.
(3) The funds in an ESA may be used only as
provided in section .05 of this rule for educational purposes. Participating
Schools that enroll Participating Students shall provide Account Holders with a
receipt for all qualifying expenses paid to the Participating School using ESA
funds.
(4) Participating Schools
shall not charge an Account Holder or Participating Student additional tuition
or fees that are not also charged to non-participating students.
(5) Participating Schools shall not, in any
manner, refund, rebate, or share ESA funds with an Account Holder or
Participating Student.
(6) Within
five (5) business days of receipt of a Participating Student's notice of
withdrawal, a Participating School shall notify the Department of the
Participating Student's withdrawal.
(7) Participating Schools shall annually
submit to the Department the graduation and completion information of
Participating Students in accordance with procedures set by the
Department.
(8) Annually,
Participating Schools shall submit a notice to the Department if they intend to
continue participating in the Program by following the procedures developed by
the Department.
(9) 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 state
law, rules, or procedures.
(a) If the
Department suspends or terminates a school's participation, the Department
shall notify the affected Participating Students, the Account Holder, and the
Participating School of the decision. If a Participating School is suspended or
terminated or if a Participating School withdraws from the Program, affected
Participating Students remain eligible to participate in the Program.
(b) A Participating School may appeal the
Department's decision pursuant to the appeals procedures set forth in this
Chapter.
(10) The
Department may suspend or terminate a Participating School from participating
in the Program for low academic performance. Low academic performance is
defined as failure of Participating Students to make academic progress as
demonstrated by multiple performance measures, including, but not limited to,
lack of progress or growth on the TCAP tests, or successor tests approved by
the State Board, or any nationally normed assessment utilized by the
Participating School.
(11) All
contracts entered into are the responsibility of the private parties
involved.
Authority: T.C.A. §§
49-1-302 and
49-6-2601, et
seq.
