Section 0520-01-16-.02 - DEFINITIONS(1) "Account Holder" means a parent as defined in paragraph (17) of this section or a student who has reached the age of eighteen (18) who is approved by the Department to participate in the Program and signs the ESA agreement and is responsible for complying with all of the requirements of the Program.(2) "Agreement" means a document signed by a parent of an Eligible Student or an Eligible Student who has reached the age of eighteen (18) and a designee of the Department, that qualifies the parent or student who has reached the age of eighteen (18) to participate in the Program.(3) "Computer Hardware or Technological Devices" means computer hardware or technological devices approved by the Department that is used for the student's educational needs. Computer hardware and technological devices shall be purchased at or below fair market value through a Participating School, private school, or provider.(4) "Contractor" means an entity that is paid by the Department to operate the Program or portions of the Program.(5) "Criminal Background Check" at a minimum shall include, but not be limited to, a check of the following: Tennessee's Sex Offender Registry and the Abuse Registry of the Tennessee Department of Health. All providers as defined in paragraph (23) of this section and employers of providers shall maintain documentation that any persons providing services to Participating Students have undergone a fingerprint based criminal history records check conducted by the Tennessee Bureau of Investigation ("TBI") and forwarded by the TBI to the Federal Bureau of Investigation ("FBI") for processing pursuant to the National Child Protection Act. All Participating Schools shall maintain documentation that all persons working on school grounds when students are present and/or providing services to students have undergone a fingerprint based criminal history records check conducted by the TBI and forwarded by the TBI to the FBI for processing pursuant to the National Child Protection Act. Individual contractors not employed by an organization shall fulfill the background check requirements by completing a fingerprint-based criminal history records check conducted by the FBI.(6) "Department" means the Tennessee Department of Education.(7) "Early Postsecondary Opportunity Courses" means a course and/or exam recognized by the Department that give students a chance to obtain postsecondary credit while still in high school.(8) "Educational Therapy Services" means individualized services provided by therapists that meet the requirements established by the Department and the State Board.(9) "Eligible Postsecondary Institution" means an institution operated by the Board of Trustees of the University of Tennessee; the Board of Regents of the state university and community college system; or a local governing board of trustees of a state university in this state; or a private postsecondary institution accredited by an accrediting organization approved by the State Board.(10) "Eligible Private School" means a private school, as defined by § 49-6-3001(c)(3)(A)(iii), that meets the requirements established by the Department and the State Board for a Category I, II, or III private school, and applies to the Department to participate in the Program.(11) "Eligible Student" means a Tennessee resident in grades kindergarten through twelve (K-12) who:(a) Meets one (1) of the following enrollment requirements:1. Was previously enrolled in and attended a Tennessee public school for the one (1) full school year immediately preceding the school year for which the student receives an ESA;2. Is eligible for the first time to enroll in a Tennessee school;3. Received an ESA in the previous school year;4. Was enrolled in and attended a Tennessee public school for one (1) full school year in the 2019-20, 2020-21, or 2021-22 school year; or5. Was eligible for the first time to enroll in a Tennessee public school in the 2019-20, 2020-21, or 2021-22 school year;(b) Is zoned to attend a school in Shelby County Schools, Metropolitan Nashville Public Schools, Hamilton County Schools, or is zoned to attend a school that was in the Achievement School District on May 24, 2019; and(c) Is a member of a household with an annual income for the previous year that does not exceed twice the federal income eligibility guidelines for free lunch.(12) "ESA" means a Tennessee Education Savings Account.(13) "Fee-for-Service Transportation Provider" means a commercial transportation provider including a school bus service. It does not include private transportation by a family member, parent, or Participating Student in accordance with the conflict of interest provisions set forth in this Chapter.(14) "IEP" means an Individualized Education Program developed by a public school pursuant to the Individuals with Disabilities Education Act at 20 U.S.C. §§ 1400, et seq.(15) "ISP" means an Individualized Service Plan and is a written statement that describes the special education and related services to be provided by an LEA to a student who is eligible under Individuals with Disabilities Education Act at 20 U.S.C. §§ 1400, et seq., but has been enrolled in a non-public school by the student's parent.(16) "Legacy Student" means a Participating Student who graduates from high school or exits the Program by reaching twenty-two (22) years of age; and (a) Has funds remaining in the student's ESA; and(17) "Local Education Agency (LEA)," "School System," "Public School System," "Local School System," "School District," or "Local School District" means any county school system, city school system, special school district, unified school system, metropolitan school system, or any other local public school system or school district created or authorized by the Tennessee general assembly.(18) "Parent" means the parent, legal guardian, person who has custody of the child, or person with caregiving authority for the child under T.C.A. § 49-6-3001.(19) "Participating School" means an Eligible Private School that has been approved to participate in the Program and seeks to enroll Eligible Students.(20) "Participating Student" means an Eligible Student who is seventeen (17) years of age or younger and whose parent is participating in the Program or an Eligible Student who has reached the age of eighteen (18) and is participating in the Program.(21) "Private or Non-Profit Financial Management Organization" means an institution selected by the Department to administer the education savings accounts.(22) "Program" means the ESA Program created in T.C.A. §§ 49-6-2602, et seq.(23) "Provider" means an individual or business that provides educational services in accordance with T.C.A. §§ 49-6-2601, et seq. and that meets the requirements established by the Department and the State Board.(24) "State Board" means the Tennessee State Board of Education.(25) "Summer Education Programs and Specialized Afterschool Education Programs" means educational programs approved by the Department that are operated outside of the regular school day or school year, which do not include afterschool childcare.(26) "Technology Fees" means fees charged by a Participating School, private school, or provider for the use of technology or technological devices.(27) "Tuition or Fees" means tuition or fees of an instructional nature at a Participating School, or an Eligible Postsecondary Institution. Fees do not include: room and board, food, or consumable school supplies.(28) "Tutoring Services" means educational services provided by a tutor or tutoring facility that is approved by the Department and the State Board.(29) "Qualified Expenses" means the expenses outlined in T.C.A. § 49-6-2603(a)(4) and this rule.Tenn. Comp. R. & Regs. 0520-01-16-.02
Original rules filed November 27, 2019; effective February 25, 2020. Amendments filed December 18, 2023; effective 3/17/2024.Authority: T.C.A. §§ 49-1-302 and 49-6-2601, et seq.