1. (1) To apply to receive an ESA, the parent of an Eligible Student or an Eligible Student who has reached the age of eighteen (18), must submit a completed application through the Department’s website by the deadline set by the Department.

2. (2) As part of the Program application, the parent of an Eligible Student or an Eligible Student who has reached the age of eighteen (18), must provide verification that the student 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.

   1. (a) Income verification shall be established through:

      1. 1. Federal income tax returns from the previous year; or
      2. 2. Proof of eligibility for enrollment in the state’s Temporary Assistance for Needy Families (TANF) program.
   2. (b) The Department may require additional information to verify household income.
   3. (c) Students identified as “economically disadvantaged” as defined in T.C.A. § 49-3-104(10) shall automatically satisfy the income requirements for eligibility.

3. (3) If, in the application period for a school year, the number of Program applications received by the Department from Eligible Students exceeds the maximum number of students that may participate in the Program for that school year pursuant to T.C.A. § 49-6-2604(c), then the Department shall conduct an enrollment lottery process. Students who participated in the Program in the previous school year shall be reenrolled in the Program if renewal criteria is met and shall be excluded from entering into an enrollment lottery. If an enrollment lottery is conducted, then enrollment priority must be granted in the following order:

   1. (a) Eligible Students who have a sibling participating in the Program;
   2. (b) Eligible Students zoned to attend a priority school as defined by the state’s accountability system pursuant to T.C.A. § 49-1-602, at the time of the enrollment lottery;
   3. (c) Eligible Students eligible for direct certification under 42 U.S.C. § 1758(b)(4); and
   4. (d) All other Eligible Students.
4. (4) Once a completed application has been approved by the Department, the parent of an Eligible Student or an Eligible Student who has reached the age of eighteen (18) shall complete the enrollment procedures set by the Department to become enrolled in the Program.

Authority: T.C.A. §§ 49-1-302 and 49-6-2601, et seq. Administrative History: Original rules filed November 27, 2019; effective February 25, 2020. Amendments filed December 18, 2023; effective March 17, 2024.