(a) A parent or legal guardian of a public school student may apply for a Succeed Scholarship to enroll his or her child in a private school if:

(1)

(A) The student is currently enrolled in a public school and has attended public school for at least one (1) full academic year.

(B) Subdivision (a)(1)(A) of this section does not apply if:

(i) The student is a dependent of an active duty member of any branch of the United States Armed Forces; or

(ii) The superintendent of the student's resident school district waives the requirement;

(2) The student:

(A) Is in foster care; or

(B) Has an individualized education program in accordance with the Individuals with Disabilities Education Act, 20 U.S.C. § 1400 et seq.;

(3) The student has been accepted for admission into a private school that is eligible to participate in the Succeed Scholarship Program;

(4) The parent has notified the student's current school district of the request for a scholarship at least sixty (60) days before the date of the first scholarship payment; and

(5)

(A) For students in foster care, the Department of Human Services approves the student's placement in the private school.

(B) The Department of Human Services shall approve the student's placement in the private school if a determination is made that placement in the private school is in the best interest of the student.

(b) If a student is accepted to a private school upon the availability of space, a parent or legal guardian shall notify the student's school district at least sixty (60) days before the student enrolls in the private school and receives the first scholarship payment.

(c) The Department of Education shall approve a maximum of twenty (20) scholarships under this subchapter per academic year for students in foster care.