(a) A school, private tutor, eligible postsecondary institution, or other educational provider that serves a participating student shall not refund, rebate, or share funds from an IEA with a parent or participating student in any manner. The funds in an IEA may be used only for educational purposes. Participating schools, postsecondary institutions, and education providers that enroll participating students shall provide parents with a receipt for all qualifying expenses at the school or institution.

Terms Used In Tennessee Code 49-10-1404

  • Department: means the department of education. See Tennessee Code 49-10-1402
  • Eligible postsecondary institution: means a community college or university of the University of Tennessee system or the board of regents system or an accredited private postsecondary institution. See Tennessee Code 49-10-1402
  • IEA: means an individualized education account. See Tennessee Code 49-10-1402
  • 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
  • Person: includes a corporation, firm, company or association. See Tennessee Code 1-3-105
  • 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
(b) To ensure that students are treated fairly and kept safe, all participating schools shall:

(1) Comply with all health and safety laws or codes that apply to nonpublic schools;
(2) Certify that they shall not discriminate against students or applicants on the basis of race, color, or national origin; and
(3) Conduct criminal background checks on employees. The participating school then shall:

(A) Exclude from employment any person not permitted by state law to work in a nonpublic school; and
(B) Exclude from employment any person who might reasonably pose a threat to the safety of students.
(c) The department may suspend or terminate a school from participating in the program, if the department determines the school has failed to comply with the requirements of this section. If the department suspends or terminates a school’s participation, the department shall notify affected participating students and their parents 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.
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