Misuse and Non-Compliance Investigation
The WDE may conduct a formal investigation when there is reasonable suspicion that an ESP has misused ESA funds, misrepresented their services, or failed to fulfill program obligations. The ESP will be notified of the investigation and given an opportunity to respond.
Consequences of Non-Compliance
Certification Termination: ESPs found to have intentionally misused funds or misrepresented services may have their certification terminated and may be required to repay misused funds.
Decertification: ESPs who fail to comply with program requirements will be removed from the ESA portal and parents will be notified.
Suspension: ESPs may be suspended pending investigation. Families with existing orders with a suspended ESP cannot initiate new payments.
Appeals Process
ESPs may appeal a decertification or termination decision. Appeals must be submitted to the WDE within the timeframe specified in the decertification notice. The ESP should include a description of why they believe the decision was incorrect and any supporting documentation. Contested cases may be referred to the Office of Administrative Hearings for review.