(a) In administering the IEA program, the department shall:

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Terms Used In Tennessee Code 49-10-1405

  • Department: means the department of education. See Tennessee Code 49-10-1402
  • Eligible student: means a resident of this state who:
    (A) Is a child with any of the following disabilities as defined by the state board of education pursuant to §. See Tennessee Code 49-10-1402
  • Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
  • Fraud: Intentional deception resulting in injury to another.
  • IEA: means an individualized education account. See Tennessee Code 49-10-1402
  • LEA: means a local education agency. See Tennessee Code 49-10-102
  • Parent: means the parent, legal guardian, person who has custody of the child, or person with caregiving authority for the child. See Tennessee Code 49-10-1402
  • Participating school: means a nonpublic school that meets the requirements established in this part and seeks to enroll eligible students. See Tennessee Code 49-10-1402
  • Participating student: means an eligible student whose parent is participating in the individualized education account (IEA) program. See Tennessee Code 49-10-1402
  • Program: means the individualized education account (IEA) program created in this part. See Tennessee Code 49-10-1402
  • State: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
  • written: includes printing, typewriting, engraving, lithography, and any other mode of representing words and letters. See Tennessee Code 1-3-105
  • Year: means a calendar year, unless otherwise expressed. See Tennessee Code 1-3-105
(1) Remit funds to a participating student‘s IEA account on at least a quarterly basis. Any funds awarded under this part shall be the entitlement of only the eligible student under the supervision of the student’s parent. The maximum annual amount to which an eligible student is entitled under this part shall be equal to the amount representing the total funding allocation that the student generates under the Tennessee investment in student achievement formula (TISA). For the purpose of funding calculations, each eligible student who participates in the program shall be counted in the enrollment figures for the LEA in which the student resides and is zoned to attend. The IEA funds shall be subtracted from the state funds otherwise payable to the LEA;
(2)

(A) Create a standard form that a parent of a student may submit to establish the student’s eligibility for an IEA. The department shall make the application readily available to interested families through various sources, including the internet; and
(B) In accordance with state board of education rules promulgated in consultation with the department of education and the department of health, create an application and approval process for nonpublic schools to become participating schools;
(3) Establish application and participation timelines that shall maximize student and school participation;
(4) Provide parents of participating students with a written explanation of the allowable uses of IEAs, the responsibilities of parents, and the duties of the department;
(5) Develop and implement a process to notify parents of their child’s potential eligibility to participate in the program and notify the education committee of the senate and the education administration committee of the house of representatives on the process that the department develops pursuant to this subdivision (a)(5);
(6) Adopt policies necessary for the administration of the IEA program, including:

(A) Policies for conducting or contracting for random, quarterly, or annual reviews of accounts;
(B) Policies for establishing or contracting for the establishment of an online anonymous fraud reporting service; and
(C) Policies for establishing an anonymous telephone hotline for reporting fraud; and
(7) Post on its website a list of participating schools for each school year, the grades taught in the school and other information that the department determines shall assist parents in selecting participating schools for their children.
(b) The department may deduct an amount up to six percent (6%) from appropriations used to fund IEAs to cover the costs of overseeing the funds and administering the program.
(c) In compliance with all state and federal student privacy laws, an LEA shall provide a participating school that has admitted an eligible student under this part with a complete copy of the student’s school records in the possession of the LEA.
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