IC 20-51.4-2-4: "Eligible student"

Sec. 4. "Eligible student" refers to an individual who:

(1) has legal settlement in Indiana;

(2) is at least five (5) years of age and less than twenty-two (22) years of age on October 1 of the applicable school year; and

(3) is a student:

(A) with a disability at the time the account is established who requires special education and for whom:

(i) an individualized education program;

(ii) a service plan developed under 511 IAC 7-34; or

(iii) a choice special education plan developed under 511 IAC 7-49;

has been developed; or

(B) who is a sibling of a student described in clause (A) who has had an ESA account established in the student's name under IC 20-51.4-4-1.

(4) meets the annual income qualification requirement for a choice scholarship student under IC 20-51-1.