1. (1) To apply to receive an EFS, the applicant shall submit a Completed Application using an application developed by the Department.

2. (2) As part of the application process, the applicant shall provide documentation that confirms the student’s residence in this state and Lawful Presence or citizenship in the United States.

   1. (a) Tennessee residency shall be demonstrated through the presentation of two (2) forms of documentation as detailed in Department guidance.
   2. (b) Lawful Presence in the United States shall be established in accordance with T.C.A. § 4-58-103(d).
   3. (c) United States citizenship shall be demonstrated in accordance with T.C.A. § 4-58-103(c).

3. (3) To be considered for an EFS, based on income, pursuant to section 0520-01-24-.03 of this chapter, the applicant shall provide, as part of the Program application process, verification that the student is a member of a household with an annual income that does not exceed the income threshold outlined in sections 0520-01-24-.03(1)(a)1., (2)(b), or (2)(c) of this chapter, based on the federal income eligibility guidelines for free or reduced-price lunch.

   1. (a) Income verification shall be established through the requirements of subparts 0520-01- 24-.04(3)(a)1., 2., or 3.:

      1. 1. Form 1040 U.S. Individual Income Tax Return (“Form 1040 Tax Return”) from the most recent year that was filed by the Parent and which lists the Eligible Student as a dependent or was filed by an Eligible Student who has reached the age of eighteen (18) and who is not listed as a dependent on another individual’s Form 1040 Tax Return.

   2. (i) If the Eligible Student is not listed on the Form 1040 Tax Return, additional documentation, as outlined in Department guidance, shall be submitted to establish that the student is a member of the same household as the Parent whose Form 1040 Tax Return is provided.

      1. 2. Form 1040 Tax Returns of both Parents of an Eligible Student shall be included with an application if either of the following applies:
   3. (i) Parents of the Eligible Student share joint primary residential custody such that neither or both are designated as the primary residential parent in a custody order pursuant to T.C.A. § 36-6-410; or

   4. (ii) Parents of the Eligible Student share a household but file taxes as married, filing separately, or as head of household.

      1. 3. Proof of family eligibility, including eligibility of the student, for enrollment in the state’s Temporary Assistance for Needy Families (“TANF”) program or Supplemental Nutrition Assistance Program (“SNAP”).
   5. (b) The Department may require additional documentation as needed to determine income eligibility.
4. (4) To be considered for an EFS pursuant to subpart 0520-01-24.03(1)(a)2. of this chapter, the applicant shall provide sufficient documentation to meet eligibility criteria pursuant to State Board Rules 0520-01-11 or 0520-01-16, respectively.
5. (5) Once the Department notifies an applicant that his or her Completed Application has become a Conditionally Approved Application, the Parent or an Eligible Student who has reached the age of eighteen (18) shall complete the enrollment process set forth by the Department on a timeline established by the Department. The enrollment process includes providing proof of enrollment in a Private School.

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.