Section 0520-01-16-.09 - PROVIDERS AND POSTSECONDARY INSTITUTIONS(1) In order to receive pre-approval as required by T.C.A. § 49-6-2607(b), providers, at a minimum, shall:(a) Maintain documentation that any person providing services to participating students has 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, and(b) Maintain documentation of the provider's credentials demonstrating the provider meets the qualifications set by the Department.(2) Providers and eligible postsecondary institutions shall provide Account Holders with a receipt for all expenses paid to the provider or eligible postsecondary institution using ESA funds.(3) Providers and eligible postsecondary institutions shall not, in any manner, refund, rebate, or share ESA funds with an Account Holder or participating student.(4) The Department may suspend or terminate a provider from participating in the Program if the Department determines the provider has failed to comply with the requirements of the Act, these rules, or the procedures set by the Department. (a) If the Department suspends or terminates a provider's participation, the Department shall notify the affected participating students, the Account Holder, and the provider of the decision. If a provider is suspended or terminated or if a provider withdraws from the Program, affected participating students remain eligible to participate in the Program.(b) A provider may appeal the Department's decision pursuant to the appeals procedures set forth in these rules.(5) All contracts entered into are the responsibility of the private parties involved.Tenn. Comp. R. & Regs. 0520-01-16-.09
Original rules filed November 27, 2019; effective 2/25/2020.Authority: T.C.A. §§ 49-1-302 and 49-6-2601, et seq.