Sec. 10. (a) The treasurer of state shall freeze the ESA account established under section 1 of this chapter of any parent of an eligible student or an emancipated eligible student who:

(1) fails to comply with the terms of the agreement established under section 1 of this chapter;

Terms Used In Indiana Code 20-51.4-4-10

  • Attorney: includes a counselor or other person authorized to appear and represent a party in an action or special proceeding. See Indiana Code 1-1-4-5
(2) fails to comply with applicable laws or regulations; or

(3) substantially misuses funds in the ESA account.

     (b) The treasurer of state shall send written notice to the parent of the eligible student or the emancipated eligible student stating the reason for the freeze under subsection (a). The treasurer of state may also send notice to the attorney general or the prosecuting attorney in the county in which the parent of the eligible student or the emancipated eligible student resides if the treasurer of state believes a crime has been committed or a civil action relating to the ESA account is necessary.

     (c) A parent of an eligible student or an emancipated eligible student whose ESA account has been frozen under subsection (a) may petition the treasurer of state for redetermination of the decision under subsection (a) within thirty (30) days after the date the treasurer of state sends notice to the parent of the eligible student or the emancipated eligible student under subsection (b). The petition must contain a written explanation stating why the treasurer of state was incorrect in freezing the ESA account under subsection (a). If the treasurer of state does not receive a timely submitted petition from a parent of an eligible student or an emancipated eligible student under this subsection, the treasurer of state shall terminate the ESA account.

     (d) The treasurer of state shall review a petition received under subsection (c) within fifteen (15) business days of receipt of the petition and issue a redetermination letter to the parent of the eligible student or the emancipated eligible student. If the treasurer of state overturns the treasurer of state’s initial decision under subsection (a), the treasurer of state shall immediately unfreeze the ESA account. If the treasurer of state affirms the decision under subsection (a), the treasurer of state shall give notice of the affirmation to the parent of the eligible student or the emancipated eligible student and terminate the ESA account.

As added by P.L.165-2021, SEC.180. Amended by P.L.202-2023, SEC.59.

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