Section 0520-01-11-.05 - AGREEMENT AND FUNDS TRANSFER(1) Upon notification by the Department that an IEA may be established, the applicant shall sign an Agreement outlining the Account Holder's contractual obligations upon enrolling in the Program, including the acceptable uses of IEA funds and expense reporting requirements. In the Agreement, the Account Holder shall: (a) Agree to provide an education for the Participating Student in at least the subjects of English language arts, mathematics, social studies, and science;(b) Agree to not enroll the Participating Student in a public school during the time the student is enrolled in the IEA Program;(c) Agree to release the LEA in which the student resides and the school for which the student is zoned to attend from all obligations to educate the student during the time the student is enrolled in the IEA Program;(d) Acknowledge that participation in the Program has the same effect as parental refusal to consent to the receipt of services under the Individuals with Disabilities Education Act at 20 U.S.C. § 1414. Participating Students will no longer be entitled to a free appropriate public education (FAPE) provided through an IEP but instead will be entitled to equitable services through an ISP. Account holders acknowledge that students with an ISP are only entitled to receive some special education and related services, not all of the services that are required for a student with an IEP to receive FAPE. Participating Students who previously held IEPs should engage with the LEA to develop an ISP through the consultation process, as defined in 34 C.F.R. §§ 300.134 and 300.137.(2) The Agreement shall: (a) Be submitted to the Department, along with all required information, by the date set by the Department before the first IEA payment is disbursed; and(b) Be signed by the Account Holder and a designee of the Department prior to becoming effective.(3) After the Agreement is fully executed by the Account Holder and the Department, the Department shall remit the first payment to the IEA. IEA funds shall be remitted to the IEA thereafter until termination of the Agreement.(4) The Department shall establish procedures to effectuate the funds transfer process and dates on which each IEA payment shall be disbursed.Tenn. Comp. R. & Regs. 0520-01-11-.05
Emergency rules filed October 28, 2016; effective through April 26, 2017. Emergency rules superseded by new rules filed September 2, 2016; effective December 1, 2016. Emergency rules filed September 22, 2017; effective through March 21, 2018. Amendments filed December 21, 2017; effective March 21, 2018. Amendments filed October 25, 2018; effective January 23, 2019. Amendments filed January 22, 2020; to have become effective April 21, 2020. However, the State Board of Education filed a 34-day stay of the effective date of the rules; new effective date May 25, 2020. Amendments filed December 27, 2021; effective March 27, 2022. Amendments filed January 24, 2024; effective 4/23/2024.Authority: T.C.A. §§ 49-1-302 and 49-10-1401, et seq.