Section 512IAC4-1-6. Consequences for eligible schools in lowest performance categories

   (a) If an eligible school is placed in either of the lowest two (2) categories or designations under IC 20-31-8-3 for two (2) consecutive years, the department shall suspend choice scholarship payments for one (1) year for new eligible choice scholarship students who would otherwise use a choice scholarship to attend the school.

  (b) If an eligible school is placed in either of the lowest two (2) categories or designations under IC 20-31-8-3 for three (3) consecutive years, the department shall suspend choice scholarship payments for new eligible choice scholarship students who would otherwise use a choice scholarship to attend the school until the school is placed in the middle or higher category or designation for two (2) consecutive years.

  (c) If an eligible school is placed in the lowest category or designation under IC 20-31-8-3 for three (3) consecutive years, the department shall suspend choice scholarship payments for new eligible choice scholarship students who would otherwise use a choice scholarship to attend the school until the school is placed in the middle or higher category or designation for three (3) consecutive years.

  (d) The suspension of any school described in subsection (a), (b), or (c) shall begin at the end of the school year in which the notice was issued by the department.

  (e) An eligible choice scholarship student who:

(1) is enrolled at a school described in subsection (a), (b), or (c) on the date the department issues notice of the suspension;

(2) continues to be eligible during the year of suspension; and

(3) makes application;

may continue to receive a choice scholarship at the school described in subsection (a), (b), (c), or (d) during the suspension period.

  (f) This section may not be construed to prevent an eligible choice scholarship student enrolled in a school described in subsection (a), (b), or (c) from applying for a choice scholarship at a different eligible school. (Department of Education; 512 IAC 4-1-6; filed Jan 21, 2016, 1:32 p.m.: 20160217-IR-512140509FRA)