Tennessee § 49-10-1404 - Requirements for participating schools — Penalties for noncompliance.

§ 49-10-1404. Requirements for participating schools — Penalties for noncompliance.

A school, private tutor, eligible postsecondary institution, or other educational provider that serves a participating student shall not refund, rebate, or share funds from an IEA with a parent or participating student in any manner. The funds in an IEA may be used only for educational purposes. Participating schools, postsecondary institutions, and education providers that enroll participating students shall provide parents with a receipt for all qualifying expenses at the school or institution. To ensure that students are treated fairly and kept safe, all participating schools shall: Comply with all health and safety laws or codes that apply to nonpublic schools; Certify that they shall not discriminate against students or applicants on the basis of race, color, or national origin; and Conduct criminal background checks on employees. The participating school then shall: Exclude from employment any person not permitted by state law to work in a nonpublic school; and Exclude from employment any person who might reasonably pose a threat to the safety of students. The department may suspend or terminate a school from participating in the program, if the department determines the school has failed to comply with the requirements of this section. If the department suspends or terminates a school's participation, the department shall notify affected participating students and their parents of the decision. If a participating school is suspended or if a participating school withdraws from the program, affected participating students remain eligible to participate in the program. Acts 2015, ch. 431, § 5. Compiler's Notes. Acts 2015, ch. 431, § 8 provided that the state board is authorized to promulgate rules, in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, to effectuate the purposes of this part; provided, that the state board shall not promulgate any emergency rule, pursuant to § 4-5-208 , for the implementation of this part prior to August 1, 2016. Acts 2015, ch. 431, § 10 provided that the act, which enacted this part, shall take effect May 18, 2015, for purposes of promulgating rules and procedures, the public welfare requiring it. For all other purposes, including development by the department of education of administrative procedures to effectuate the first award of individualized education accounts during the 2016-2017 school year, the act shall take effect January 1, 2016, the public welfare requiring it.