PROGRAM PARTICIPANT, PROVIDER, AND VENDOR AUTONOMY

(a) A provider of supplemental services or vendor of supplemental instructional materials that receives money distributed under the program is not a recipient of federal financial assistance on the basis of receiving that money. (b) A rule adopted or action taken related to the program by an individual, governmental entity, court of law, or program administrator may not: (1) consider the actions of a provider of supplemental services, vendor of supplemental instructional materials, or program participant to be the actions of an agent of state government; (2) limit: (A) a provider of supplemental services' ability to determine the methods used to educate the provider's students or to exercise the provider's religious or institutional values; or (B) a program participant's ability to determine the participant's educational content or to exercise the participant's religious values; (3) obligate a provider of supplemental services or program participant to act contrary to the provider's or participant's religious or institutional values, as applicable; (4) impose any regulation on a provider of supplemental services, vendor of supplemental instructional materials, or program participant beyond those regulations necessary to enforce the requirements of the program; or (5) require as a condition of receiving money distributed under the program: (A) a provider of supplemental services to modify the provider's creed, practices, admissions policies, curriculum, performance standards, employment policies, or assessments; or (B) a program participant to modify the participant's creed, practices, curriculum, performance standards, or assessments. (c) In a proceeding challenging a rule adopted by a state agency or officer under this subchapter, the agency or officer has the burden of proof to establish by clear and convincing evidence that the rule: (1) is necessary to implement or enforce the program as provided by this subchapter; (2) does not violate this section; (3) does not impose an undue burden on a program participant or a provider of supplemental services or vendor of supplemental instructional materials that participates or applies to participate in the program; and (4) is the least restrictive means of accomplishing the purpose of the program while recognizing the independence of a provider of supplemental services to meet the educational needs of students in accordance with the provider's religious or institutional values.