Sec. 2. (a) The following individuals or entities may become an ESA participating entity by submitting an application to the treasurer of state in a manner prescribed by the treasurer of state:

(1) A qualified school.

(2) An individual who or tutoring agency that provides private tutoring.

(3) An individual who or entity that provides services to a student with a disability in accordance with an individualized education program developed under IC 20-35 or a service plan developed under 511 IAC 7-34 or generally accepted standards of care prescribed by the eligible student’s treating physician.

(4) An individual who or entity that offers a course or program to an eligible student.

(5) A licensed occupational therapist.

(6) Entities that provide assessments.

     (b) The treasurer of state shall approve an application submitted under subsection (a) if the individual or entity meets the criteria to serve as an ESA participating entity.

     (c) If it is reasonably expected by the treasurer of state that an ESA participating entity will receive, from payments made under the ESA program, more than fifty thousand dollars ($50,000) during a particular school year, the ESA participating entity shall, on or before a date prescribed by the treasurer of state provide the treasurer of state evidence, in a manner prescribed by the treasurer of state, indicating that the ESA participating entity has unencumbered assets sufficient to pay the treasurer of state an amount equal to the amount expected to be paid to the ESA participating entity under the ESA program during the particular school year.

     (d) Each ESA participating entity that accepts payments made from an ESA account under this article shall provide a receipt to the parent of an eligible student or to the emancipated eligible student for each payment made.

As added by P.L.165-2021, SEC.180. Amended by P.L.132-2022, SEC.8; P.L.202-2023, SEC.64.