Section 0520-01-16-.08 - PARTICIPATING SCHOOLS(1) Eligible Private Schools interested in enrolling students receiving ESAs shall submit an application to the Department by the deadline set by the Department. (a) The Department shall develop an application and application process for Eligible Private Schools to participate in the Program. Such application shall be posted on the Department's website and shall request, at a minimum, the following information from an applicant: 1. The maximum number of students receiving ESAs the school has the capacity to enroll per grade level;2. Demonstration of financial viability to repay any funds that may be owed to the state by filing with the application financial information verifying the school has the ability to pay an aggregate amount equal to twenty five percent (25%) of the amount of ESA funds expected to be paid during the school year. The school may comply with this requirement by filing an annual surety bond payable to the state from a surety, and in an amount determined by the Department; and3. The school's academic calendar, the school's admission policy, and the school's tuition and fee schedule.(b) The Department shall review the application and notify the school as to whether the school meets the requirements outlined in (a) to become a Participating School and receive ESA funds from a Participating Student for Qualified Expenses including, tuition and fees.(c) If an Eligible Private School is approved to be a Participating School, the Department shall list the school on the Department's website, including grades served and any other information the Department determines may assist parents in selecting a Participating School.(2) As a condition of approval to become a Participating School, the school shall agree to the following: (a) Be academically accountable to the Account Holder for meeting the educational needs of the Participating Student by:1. At a minimum, annually providing to the Account Holder a written explanation of the student's progress; and2. Ensuring Participating Students in grades three through eleven (3-11) are administered the TCAP tests in math and English Language Arts, or successor tests approved by the State Board, each year the Participating Student is enrolled in the Participating School.(b) Comply with all state and federal health and safety laws or codes that apply to non-public schools;(c) Comply with monitoring requirements set by the Department;(d) Certify that they shall not discriminate against Participating Students or applicants on the basis of race, color, or national origin;(e) Agree to accept reimbursement payments for tuition and fees from an Account Holder on the payment schedule identified by the Department;(f) Agree to participate in the Program for the full school year unless the school is suspended or terminated by the Department;(g) Comply with T.C.A. § 49-5-202;(h) Comply with the minimum kindergarten age requirement pursuant to T.C.A § 49-6-201(b)(3) and the State Board of Education Rule 0520-07-02;(i) Conduct criminal background checks on employees upon employment and at least every five (5) years thereafter; and(j) Exclude from employment: 1. Any person not permitted by state law to work in a non-public school; and2. Any person who might reasonably pose a threat to the safety of students. Participating Schools have ultimate discretion to determine whether or not a person might reasonably pose a threat to the safety of students; however, Participating Schools may consider excluding persons who have ever been convicted of any of the following offenses, or the same or similar offense in any jurisdiction, including convictions for the solicitation of, attempt to commit, conspiracy, or acting as an accessory to: (i) A sexual offense or a violent sexual offense as defined in T.C.A. § 40-39-202;(ii) An offense listed in T.C.A. §§ 39-13-102 - 39-13-115;(iii) An offense listed in T.C.A. §§ 39-14-301 and 39-14-302;(iv) An offense listed in T.C.A. §§ 39-14-401 - 39-14-404;(v) An offense listed in T.C.A. §§ 39-15-401 and 39-15-402;(vi) An offense listed in T.C.A. § 39-17-417; and(vii) An offense listed in T.C.A. Title 39, Chapter 17, Part 13.(3) The funds in an ESA may be used only as provided in section .05 of this rule for educational purposes. Participating Schools that enroll Participating Students shall provide Account Holders with a receipt for all qualifying expenses paid to the Participating School using ESA funds.(4) Participating Schools shall not charge an Account Holder or Participating Student additional tuition or fees that are not also charged to non-participating students.(5) Participating Schools shall not, in any manner, refund, rebate, or share ESA funds with an Account Holder or Participating Student.(6) Within five (5) business days of receipt of a Participating Student's notice of withdrawal, a Participating School shall notify the Department of the Participating Student's withdrawal.(7) Participating Schools shall annually submit to the Department the graduation and completion information of Participating Students in accordance with procedures set by the Department.(8) Annually, Participating Schools shall submit a notice to the Department if they intend to continue participating in the Program by following the procedures developed by the Department.(9) The Department may suspend or terminate a Participating School from participating in the Program if the Department determines the school has failed to comply with state law, rules, or procedures.(a) If the Department suspends or terminates a school's participation, the Department shall notify the affected Participating Students, the Account Holder, and the Participating School of the decision. If a Participating School is suspended or terminated or if a Participating School withdraws from the Program, affected Participating Students remain eligible to participate in the Program.(b) A Participating School may appeal the Department's decision pursuant to the appeals procedures set forth in this Chapter.(10) The Department may suspend or terminate a Participating School from participating in the Program for low academic performance. Low academic performance is defined as failure of Participating Students to make academic progress as demonstrated by multiple performance measures, including, but not limited to, lack of progress or growth on the TCAP tests, or successor tests approved by the State Board, or any nationally normed assessment utilized by the Participating School.(11) All contracts entered into are the responsibility of the private parties involved.Tenn. Comp. R. & Regs. 0520-01-16-.08
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.