SB 1975

Generally, the Individualized Education Act authorizes parents of eligible students to agree to use funds deposited into an individualized education account (IEA) to provide an education for the participating student and not enroll their student in a publ ic school during participation in the IEA program. Under present law, in order for a student to be eligible to participate in the IEA program, the student must be a Tennessee resident, have a qualifying disability, have an active IEP, and meet at least one (1) of the following requirements: (1) Was previously enrolled in and attended a Tennessee public school for the one full school year immediately preceding the school year in which the student receives an IEA; (2) Is enrolling in a Tennessee school for the first time; or (3) Received an IEA in the previous school year. This bill extends eligibility to participate in the IEA program to a student who is a Tennessee resident and is: (1) A child with a medical condition that inhibits the child from attending school in person, as determined by the state board of education; and (2) Entitled to attend a public school. This bill also authorizes a parent of a student who is eligible for the IEP program under the eligibility criteria added by this bill to use the IEA for a home school. A parent of such an eligible student will be required to ensure that funds in an IEA are used only for approved expenses and the department of education will regularly monitor such funds to ensure compliance. This bill authorizes the department to suspend or terminate an eligible student from participating in the program, if the departme nt determines that the parent has failed to comply with the requirements of this bill. If the department terminates an eligible student's participation in the program pursuant to this bill, then the student is ineligible from participating in the program i n the future.