A contribution to an ABLE TN Account is considered a qualified distribution from a Tennessee Department of Education Individualized Education Account Program (IEA) for participants.
The statute governing the IEA Program, Tenn. Code Ann. § 49-10-1403 provides:
- 49-10-1403 (b) Parents shall agree to use the funds deposited in a participating student's IEA for any, or any combination, of the following expenses of the participating student:
- 49-10-1403 (b) (15) Contributions to an achieving a better life experience account in accordance with the ABLE Act, compiled in title 71, chapter 4, part 8, and the rules promulgated pursuant thereto, for the benefit of a participating student; provided, that the funds are used only for the student's education expenses subject to the rules established by the achieving a better life experience program and that the student meets the qualifications to participate in the achieving a better life experience program pursuant to the ABLE Act, and §529A of the Internal Revenue Code of 1986 (26 U.S.C. § 529A), as amended, and all rules, regulations, notices, and interpretations released by the United States department of treasury, including the internal revenue service.
There are also rules that complement the statute, Tennessee State Board of Education (SBE) Rule 0520-01-11-.06(1).
Additionally, the ABLE TN statute, Tenn. Code Ann. § 71-4-806(d), provides that contributions from a student’s IEA account to an ABLE TN account may only be expended for the students education expenses.
State Rule 1700-08-01-.05 (4) provides that amount(s) contributed to an ABLE TN account equal the amount received from the IEA program can only be used for Educational Expenses until the child is 30 years old. If the IEA funds in an Eligible Individual’s ABLE Account have not been expended for educational expenses by the time the Eligible Individual reaches the age of thirty (30), then the unused IEA funds may be utilized by the Eligible Individual or the Eligible Individual’s Legal Representative for any of the Eligible Individual’s Qualified Disability Expenses.