Agreement And Funds Transfer

(1) Upon notification by the Department that an IEA may be established, the applicant shall sign an Agreement outlining the Account Holder’s contractual obligations upon enrolling in the Program, including the acceptable uses of IEA funds and expense reporting requirements. In the Agreement, the Account Holder shall: (a) Agree to provide an education for the Participating Student in at least the subjects of English language arts, mathematics, social studies, and science; (b) Agree to not enroll the Participating Student in a public school during the time the student is enrolled in the IEA Program; (c) Agree to release the LEA in which the student resides and the school for which the student is zoned to attend from all obligations to educate the student during the time the student is enrolled in the IEA Program; (d) Acknowledge that participation in the Program has the same effect as parental refusal to consent to the receipt of services under the Individuals with Disabilities Education Act at 20 U.S.C. § 1414. Participating Students will no longer be entitled to a free appropriate public education (FAPE) provided through an IEP but instead will be entitled to equitable services through an ISP. Account holders acknowledge that students with an ISP are only entitled to receive some special education and related services, not all of the services that are required for a student with an IEP to receive FAPE. Participating Students who previously held IEPs should engage with the LEA to develop an ISP through the consultation process, as defined in 34 C.F.R. §§ 300.134 and 300.137. (2) The Agreement shall: (a) Be submitted to the Department, along with all required information, by the date set by the Department before the first IEA payment is disbursed; and (b) Be signed by the Account Holder and a designee of the Department prior to becoming effective. (3) After the Agreement is fully executed by the Account Holder and the Department, the Department shall remit the first payment to the IEA. IEA funds shall be remitted to the IEA thereafter until termination of the Agreement. (4) The Department shall establish procedures to effectuate the funds transfer process and dates on which each IEA payment shall be disbursed. INDIVIDUALIZED EDUCATION ACCOUNTS CHAPTER 0520-01-11