§ 20-51.4-5-2 — Application process for ESA participating entities; requirements

Indiana § 20-51.4-5-2

• Jurisdiction: Indiana
• Title 20: EDUCATION
• Art. 51.4: INDIANA EDUCATION SCHOLARSHIP
• Ch. 5: ESA Participating Entities

Text

Note: This version of section amended by P.L.199-2025, SEC.5,
effective 7-1-2025. See also following version of this section amended
by P.L.213-2025, SEC.231, effective 7-1-2026.
Sec. 2. (a) The following individuals or entities may
become an ESA participating entity by submitting an application to the
treasurer of state in a manner prescribed by the treasurer of state:
(1) A qualified school.
(2) An individual who or tutoring agency that provides private
tutoring.
(3) An individual who or entity that provides services to a student
with a disability in accordance with an individualized education
program developed under IC 20-35 or a service plan developed
under 511 IAC 7-34 or generally accepted standards of care
prescribed by the eligible student's treating physician.
(4) Subject to section 7 of this chapter, an individual who or entity
that offers a course or program to an eligible student.
(5) A licensed occupational therapist.
(6) Entities that provide assessments.
(b) The treasurer of state shall approve an application submitted
under subsection (a) if the individual or entity meets the criteria to
serve as an ESA participating entity.
(c) If it is reasonably expected by the treasurer of state that an ESA
participating entity will receive, from payments made under the ESA
program, more than one hundred thousand dollars ($100,000) during
a particular school year, the ESA participating entity shall, on or before
a date prescribed by the treasurer of state provide the treasurer of state
evidence, in a manner prescribed by the treasurer of state, indicating
that the ESA participating entity has unencumbered assets sufficient to
pay the treasurer of state an amount equal to the amount expected to be
paid to the ESA participating entity under the ESA program during the
particular school year.
(d) Each ESA participating entity that accepts payments made from
an ESA account under this article shall provide a receipt to the parent
of an eligible student or to the emancipated eligible student for each
payment made.

Legislative History

As added by P.L.165-2021, SEC.180. Amended by P.L.132-2022, SEC.8; P.L.202-2023, SEC.64; P.L.127-2024, SEC.8; P.L.199-2025, SEC.5.