1. (1) “Account Holder” means a Parent or an Eligible Student who has reached the age of eighteen
2. (18) who is approved by the Department to participate in the Program, signs the EFS Agreement, and is responsible for complying with all the requirements of the Program.
3. (2) “Agreement” means a document developed by the Department and signed by a Parent of an Eligible Student or an Eligible Student who has reached the age of eighteen (18) that qualifies the Parent or Eligible Student who has reached the age of eighteen (18) to participate in the Program.

4. (3) “Completed Application” means an application for an EFS submitted to the Department during an open application window set by the Department that contains a response to every required field and includes all required components pursuant to section 0520-01-24-.04 of this chapter, such that the application can be determined as Conditionally Approved or Denied. Required components include:

   1. (a) Proof of Tennessee residency;
   2. (b) Proof of United States citizenship or Lawful Presence; and
   3. (c) Proof of meeting any additional criteria to be determined eligible for an EFS under section 0520-01-24-.03 of this chapter, if applicable.
5. (4) “Conditionally Approved Application” means a Completed Application that demonstrates that the student is eligible to be awarded an EFS, pending availability based on the order in which the Completed Application is submitted and based on completion of all Program requirements, including proof of enrollment in a Private School.
6. (5) “Denied Application” means a Completed Application for an EFS that is submitted to the Department during an open application window set by the Department that demonstrates that the student is not eligible for an EFS.
7. (6) “Department” means the Tennessee Department of Education.
8. (7) “Educational Therapy Services” means individualized services provided by therapists that meet the requirements established by the Department and the State Board.
9. (8) “EFS” means an Education Freedom Scholarship(s) as established in Chapter 7 of the Public Acts of 2025, First Extraordinary Session.

10. (9) “Eligible Student” means a resident of this state who is entitled to attend a Public School, except for a student enrolled in a home school, as defined in T.C.A. § 49-6-3050, or in a church-related school, as defined in T.C.A. § 49-50-801, with which the student’s Parent is associated, is registered, or is participating as a parent-teacher for the purposes of T.C.A. § 49-6-3050(a)(2) or (a)(3).

    1. (a) For purposes of this definition, “entitled to attend” and “enrolled” shall reference the academic year for which the EFS would be used.
11. (10) “Incomplete Application” means an application for an EFS that is submitted to the Department during an open application window set by the Department that does not contain a response to every required field or does not include all required components pursuant to section 0520-01- 24-.04 of this chapter such that it fails to demonstrate that the student is eligible for an EFS.
12. (11) “IEP” means an Individualized Education Program developed by a Public School pursuant to the Individuals with Disabilities Education Act, 20 U.S.C. §§ 1400, et seq.
13. (12) “ISP” means an Individualized Service Plan and is a written statement that describes the special education and related services to be provided by an LEA to a student who is eligible under the Individuals with Disabilities Education Act, 20 U.S.C. §§ 1400, et seq., but who has been enrolled in a non-public school by the student’s Parent.

14. (13) “Lawful Presence” means only the following categories of non-citizens who are eligible for local or state public benefits pursuant to T.C.A. §§ 4-58-101 et. seq., 8 U.S.C. § 1621(a), and 8 U.S.C. § 1641(b):

    1. (a) Legal Permanent Residents admitted into the United States under 8 U.S.C. §§ 1101 et seq.;
    2. (b) Refugees admitted into the United States under 8 U.S.C. § 1157;
    3. (c) Asylees granted asylum under 8 U.S.C. § 1158;
    4. (d) Non-citizens paroled in the U.S. under Section 212(d)(5) of the Immigration and Nationality Act (“INA”), 8 U.S.C. § 1182(d)(5), for a period of at least one year;
    5. (e) Non-citizens whose deportation is withheld under the INA, 8 U.S.C. § 1253 or 8 U.S.C. § 1231(b)(3), as amended;
    6. (f) Battered immigrants and children who meet the conditions set forth 8 U.S.C. § 1641(c);
    7. (g) Cuban or Haitian entrants as defined in Section 501(e) of the Refugee Education Assistance Act of 1980;
    8. (h) Victims of a severe form of trafficking who have been granted nonimmigrant status under 8 U.S.C. § 1101(a)(15)(T) or who have a pending application that sets forth a prima facie case for such nonimmigrant status;
    9. (i) Non-citizens who lawfully reside in the U.S. in accordance with the Compacts of Free Association (COFA) between the Government of the United States and the Governments of the Federated States of Micronesia, the Republic of the Marshall Islands, and the Republic of Palau; and
    10. (j) Cuban or Haitian parolees admitted under Section 212(d)(5)(A) of the INA.
15. (14) “LEA” means local education agency.
16. (15) “Parent” means the parent, legal guardian, person who has custody of the child, or person with caregiving authority for the child under T.C.A. § 49-6-3001.

17. (16) “Private School” means a Category I, II, or III non-public school, as set forth in State Board of Education Rule 0520-07-02, that:

    1. (a) Has a physical location owned or leased by the non-public school located in the state of Tennessee where students may receive educational services and testing; and
    2. (b) Registers with the Department to receive funds from the Program.
18. (17) “Program” means the EFS Program as established by T.C.A. §§ 49-6-3501, et seq.
19. (18) “Public School” means a public charter school, a school operated by an LEA, or a school operated by the state with public funds that serves students in any of the grades Kindergarten through twelve (K-12).
20. (19) “Recipient” means an Eligible Student who enrolls in a Private School and receives an EFS for a given school year.
21. (20) “Service Provider” means an individual or business that provides educational services in accordance with T.C.A. §§ 49-6-3501, et seq. and meets the requirements established by the Department and the State Board.
22. (21) “State Board” means the Tennessee State Board of Education.
23. (22) “Waitlist” means a list of Conditionally Approved Applications, ordered by time of receipt by the Department, which cannot be immediately awarded due to the Program reaching the limits as set forth in section 0520-01-24-.03 of this chapter.

Authority: T.C.A. §§ 49-1-302 and 49-6-3501, et seq. Administrative History: Emergency rules filed March 21, 2025; effective through September 17, 2025. New rules filed June 20, 2025; effective September 18, 2025.