1. (1) A Recipient may return to the Public School, for which he or she is zoned, at any time after enrolling in the Program. Upon enrollment in a Public School, the Recipient’s participation in the Program shall be terminated.
2. (2) If a Recipient ceases enrollment in a Private School, the Account Holder shall notify the Department in accordance with the procedures and timelines set by the Department.
3. (3) Upon termination of a Recipient’s participation in the Program, the Department shall close the Recipient’s EFS account, and any remaining funds shall be returned to the state.
4. (4) A Recipient with a disability shall not be determined ineligible for special education and related services under the IDEA due to the Recipient’s participation in the Program. A Recipient remains eligible for special education and related services until a Tennessee LEA determines that such Recipient no longer meets the special education eligibility standards; until the student graduates with a traditional high school diploma; or until the end of the school year in which the student turns 22 years old, whichever occurs first. A Recipient in the Program is not entitled to receive a FAPE through an IEP, but he or she is eligible to receive equitable services through an ISP from the LEA serving the geographic area where the Private School in which the Recipient is enrolled.

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.