1. A participating school is autonomous and not an agent of the state or federal government.
  2. Neither the department nor any other state agency may regulate in any way the educational program of a participating nonpublic school or education provider that accepts funds from the parent of a participating student.
  3. Terms Used In Tennessee Code 49-10-1406

    • Department: means the department of education. See Tennessee Code 49-10-1402
    • 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

  4. The creation of the IEA program does not expand the regulatory authority of the state, its officers, or any LEA to impose any additional regulation of nonpublic schools or education providers beyond those necessary to enforce the requirements of the program.
  5. Participating nonpublic schools and education providers shall be given the maximum freedom to provide for the educational needs of their students without governmental control. Neither a participating nonpublic school nor an education provider shall be required to alter its creed, practices, admissions policies, or curriculum in order to accept participating students.
  6. In any legal proceeding challenging the application of this part to a participating school, the state bears the burden of establishing that the law is necessary and does not impose any undue burden on participating schools.