Section 0520-01-11-.08 - PARTICIPATING SCHOOLS(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; and3. 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; and2. 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.Tenn. Comp. R. & Regs. 0520-01-11-.08
Emergency rules filed October 28, 2016; effective through April 26, 2017. Emergency rules superseded by new rules filed September 2, 2016; effective December 1, 2016. Emergency rules filed September 22, 2017; effective through March 21, 2018. Amendments filed December 21, 2017; effective March 21, 2018. Amendments filed October 25, 2018; effective January 23, 2019. Amendments filed January 22, 2020; to have become effective April 21, 2020. However, the State Board of Education filed a 34-day stay of the effective date of the rules; new effective date May 25, 2020. Amendments filed December 27, 2021; effective March 27, 2022. Amendments filed January 26, 2023; effective 4/26/2023.Authority: T.C.A. §§ 49-1-302 and 49-10-1405.