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. IC 20-51.4-4-10 Freezing of an account; notice; petition; termination Note: This version of section effective 7-1-2026. See also preceding version of this section, effective until 7-1-2026. Sec. 10. (a) The department 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 department 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 department 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 department 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 department for redetermination of the decision under subsection (a) within thirty (30) days after the date the department 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 department was incorrect in freezing the ESA account under subsection (a). If the department does not receive a timely submitted petition from a parent of an eligible student or an emancipated eligible student under this subsection, the department shall terminate the ESA account. (d) The department 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 department overturns the department's initial decision under subsection (a), the department shall immediately unfreeze the ESA account. If the department affirms the decision under subsection (a), the department shall give notice of the affirmation to the parent of the eligible student or the emancipated eligible student and terminate the ESA account.
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