Indiana § 20-51.4-4-10 Freezing of an account; notice; petition; termination

Indiana Statutes

§ 20-51.4-4-10 — Freezing of an account; notice; petition; termination

Indiana § 20-51.4-4-10

Title 20EDUCATION

Art. 51.4INDIANA EDUCATION SCHOLARSHIP

Ch. 4ESA Program Fund and Accounts

This text of Indiana § 20-51.4-4-10 (Freezing of an account; notice; petition; termination) is published on Counsel Stack Legal Research, covering Indiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ind. Code § 20-51.4-4-10 (2026).

Text

Note: This version of section effective until 7-1-2026. See also following version of this section, effective 7-1-2026. Sec. 10.

(a)The treasurer of state shall freeze the ESA account established under section 1 of this chapter of any parent of an eligible student or an emancipated eligible student who:

(1)fails to comply with the terms of the agreement established under section 1 of this chapter;

(2)fails to comply with applicable laws or regulations; or

(3)substantially misuses funds in the ESA account.

(b)The treasurer of state shall send written notice to the parent of the eligible student or the emancipated eligible student stating the reason for the freeze under subsection (a). The treasurer of state may also send notice to the attorney general or the prosecuting attorney in the

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Note: This version of section effective until 7-1-2026. See also
following version of this section, effective 7-1-2026.
Sec. 10. (a) The treasurer of state shall freeze the
ESA account established under section 1 of this chapter of any parent
of an eligible student or an emancipated eligible student who:
(1) fails to comply with the terms of the agreement established
under section 1 of this chapter;
(2) fails to comply with applicable laws or regulations; or
(3) substantially misuses funds in the ESA account.
(b) The treasurer of state shall send written notice to the parent of
the eligible student or the emancipated eligible student stating the
reason for the freeze under subsection (a). The treasurer of state may
also send notice to the attorney general or the prosecuting attorney in
the county in which the parent of the eligible student or the
emancipated eligible student resides if the treasurer of state believes a
crime has been committed or a civil action relating to the ESA account
is necessary.
(c) A parent of an eligible student or an emancipated eligible
student whose ESA account has been frozen under subsection (a) may
petition the treasurer of state for redetermination of the decision under
subsection (a) within thirty (30) days after the date the treasurer of state
sends notice to the parent of the eligible student or the emancipated
eligible student under subsection (b). The petition must contain a
written explanation stating why the treasurer of state was incorrect in
freezing the ESA account under subsection (a). If the treasurer of state
does not receive a timely submitted petition from a parent of an eligible
student or an emancipated eligible student under this subsection, the
treasurer of state shall terminate the ESA account.
(d) The treasurer of state shall review a petition received under
subsection (c) within fifteen (15) business days of receipt of the
petition and issue a redetermination letter to the parent of the eligible
student or the emancipated eligible student. If the treasurer of state
overturns the treasurer of state's initial decision under subsection (a),
the treasurer of state shall immediately unfreeze the ESA account. If
the treasurer of state affirms the decision under subsection (a), the
treasurer of state shall give notice of the affirmation to the parent of the
eligible student or the emancipated eligible student and terminate the
ESA account.