Title 49, Education

Each public institution of higher education shall adopt policies to preserve the essential principles of institutional neutrality, free expression, and civil discourse, and to preserve a campus climate that allows for the free expression of all viewpoints with respect. The polici…

(a) The board of trustees for the University of Tennessee, the board of regents, and each state university board shall adopt and implement a policy regarding the use of revenues generated by the out-of-state undergraduate tuition and fees charged by the institutions governed by t…

This part shall be known and cited as the “Tennessee Higher Education Authorization Act of 2016.”

(a) (1) It is the purpose of this part to provide for the protection, education, and welfare of the citizens of this state, its postsecondary educational institutions, and its students, through regulatory oversight to ensure consumer protections are appropriately maintained, whil…

(1) As used in this part, unless the context otherwise requires:(1) “Agent” means any person representing a postsecondary educational institution for payment, who solicits in any form and enrolls, or seeks to enroll, a student for education offered by an authorized institution, o…

(a) The following education and educational institutions are exempted from this part:(1) Institutions exclusively offering instruction at any or all levels from preschool through the twelfth grade;(2) Education sponsored by a bona fide trade, business, professional or fraternal o…

(a) The commission has the power and duty to:(1) Establish minimum standards in conformity with § 49-7-2006, concerning the provision of education, ethical business practices, and fiscal responsibility, that applicants for authorization must meet before the authorization may be i…

(a) An authorized postsecondary educational institution must be maintained and operated, or, in the case of a new institution, demonstrate that it can be maintained and operated, in compliance with the following minimum standards:(1) The content of each course or program of instr…

(1) A postsecondary educational institution, alone or in concert with any person, agent, group, or entity, shall not:(1) Operate a postsecondary educational institution in this state that is not exempted from this part, unless the postsecondary educational institution has a curre…

(a) (1) Each postsecondary educational institution creating a physical presence in Tennessee must apply for authorization with the commission on forms provided by the commission pursuant to this section or § 49-7-2022(a). When physical presence activities or operation is not the …

In order to achieve coordination and unity in the program of public higher education, there is created the Tennessee higher education commission, called the commission in this part.

(a) (1) If the commission, upon review and consideration of an application for institutional authorization, program registration, or other application, determines that the applicant fails to meet the criteria established as provided in this part or as provided in the rules promul…

(a) (1) A person claiming damage or loss as a result of an act or practice of an authorized postsecondary educational institution or its agent, or both, that is a violation of this part or of the rules promulgated pursuant to this part, may file with the commission a verified com…

(a) (1) A person, agent, group, or entity aggrieved or adversely affected by a decision of the executive director that results in adverse action, as described in §§ 49-7-2010, 49-7-2011, and 49-7-2017, being taken has the right to a hearing and review of the decision by the commi…

(a) (1) At the time an application is made for authorization, or for renewal of the authorization, the commission may require the postsecondary educational institution making the application to file with the commission a good and sufficient surety bond in a penal sum in the amoun…

(a) The commission is authorized to set fees annually based on the intent to collect revenues sufficient to fully fund all costs of this regulatory function. (b) All fees collected pursuant to this part shall be deposited in the state treasury credited to a special agency account…

(a) (1) If the person to whom educational services are to be rendered or furnished by a postsecondary educational institution is a resident of this state at the time any contract relating to payment for the services, or any note, instrument or other evidence of indebtedness relat…

(a) If a postsecondary educational institution engaged in activities or operating in this state proposes to discontinue its activities or operations in this state, then the owner or chief administrative officer, by whatever title designated, of the institution shall file with the…

(a) (1) A person, group, or entity, or any owner, officer, agent, or employee of a person, group, or entity, that violates a provision of this part or the rules promulgated pursuant to this part is subject to a civil penalty not to exceed five hundred dollars ($500) for the viola…

(a) The general assembly recognizes:(1) The need to establish a fund from which reimbursement can be made to students who reside in Tennessee or attend an authorized location with a Tennessee address, or an entity making loans to those students at postsecondary educational instit…

(a) Information related to graduation, job placement, and tuition costs that institutions are required to provide the commission must also be provided, in writing, to a prospective student for the specific field of study in which the student is considering enrolling. (b) An insti…

(a) It is the duty of the commission on a continuing basis to study the use of public funds for higher education in this state and to analyze programs and needs in the field of higher education. (b) The commission shall establish and ensure that all postsecondary institutions in …

(a) (1) Authorized postsecondary educational institutions shall provide an addendum to any enrollment contract or agreement entered into on or after notification is received by the institution of a final decision by the commission that its authorization or reauthorization is on a…

(1) An accredited postsecondary educational institution may not use the word “college” in its name without a qualifier, unless the institution:(1) Meets the definition of “college” in § 49-7-2003;(2) Has been approved by an accrediting body recognized by the United States departm…

(a) (1) Postsecondary educational institutions accredited by an institutional accrediting agency recognized by the United States department of education may apply for optional expedited authorization as provided for in this part.(2) Provisional initial optional expedited authoriz…

(a) The commission's studies and recommendations shall encompass the programs and authorities of the University of Tennessee, Tennessee Technological University, Austin Peay State University, Tennessee State University, the University of Memphis, East Tennessee State University, …

(a) (1) (A) The commission shall consist of a total of ten (10) appointed voting members.(B) (i) The governor shall appoint six (6) voting members, the speaker of the senate shall appoint one (1) voting member, the speaker of the house of representatives shall appoint one (1) vot…

(a) (1) The commission is empowered to employ an executive director, define the executive director's duties and, within budgetary limitations, fix the executive director's compensation.(2) The executive director shall serve at the pleasure of the commission.(3) The executive dire…

(a) (1) The University of Tennessee shall retain its identity and status as a legal entity, a body politic and corporate and as one of the state's federal land-grant institutions.(2) Except as expressly provided in this part, its board of trustees shall retain and exercise all th…

The commission may designate public and private nonprofit institutions of higher education as transfer designation institutions that prioritize the success of students with transfer credit. Transfer designation institutions must be committed to improving student outcomes by recog…

(a) The executive director of the commission shall develop, implement and publicize a program to recognize university students who have a record of outstanding community involvement. The program shall honor students at both public and private two-year and four-year colleges and u…

(a) The executive director of the commission shall develop, implement and publicize a program to recognize university teachers who have a record of outstanding community involvement. The program shall honor teachers at both public and private two-year and four-year colleges and u…

(a) The Tennessee higher education commission shall submit an annual report on the condition of Tennessee higher education to the governor and the general assembly. (b) This report, which is known as the Tennessee Postsecondary Education Fact Book, must include data from the stat…

This part shall be known and may be cited as the “Revised Uniform Athlete Agents Act.”

(1) As used in this part:(1) “Agency contract” means an agreement in which a student athlete authorizes a person to negotiate or solicit on behalf of the athlete a professional-sports-services contract or endorsement contract;(2) “Athlete agent”:(A) Means an individual, whether o…

(a) The Uniform Administrative Procedures Act, compiled in title 4, chapter 5, applies to this part. The secretary of state may adopt rules under the Uniform Administrative Procedures Act to implement this part. (b) A person, resident or nonresident, who does business in this sta…

(a) Except as otherwise provided in subsection (b), an individual may not act as an athlete agent in this state without holding a certificate of registration under this part. (b) Before being issued a certificate of registration under this part an individual may act as an athlete…

(a) An applicant for registration as an athlete agent shall submit an application for registration to the secretary of state on a form prescribed by the secretary of state. An application filed under this section is a public record for purposes of title 10, chapter 7. The applica…

(a) Except as otherwise provided in subsection (b), the secretary of state shall issue a certificate of registration to an applicant for registration who complies with § 49-7-2105(a) and who has submitted the requisite fee. (b) The secretary of state may refuse to issue a certifi…

(a) After proper notice and an opportunity for hearing, the secretary of state may limit, suspend, revoke, or refuse to renew a registration of an individual registered under § 49-7-2106(a) for conduct that would have justified refusal to issue a certificate of registration under…

The secretary of state may issue a temporary certificate of registration as an athlete agent while an application for registration or renewal of registration is pending.

(a) An application for registration or renewal of registration as an athlete agent must be accompanied by a fee in the following amount:(1) Five hundred dollars ($500) for an initial application for registration;(2) Five hundred dollars ($500) for registration based on a certific…

(a) Each public university and community college shall report to the Tennessee higher education commission, on an annual basis, an accounting of student activity fees. (b) The Tennessee higher education commission shall publish, as part of the Tennessee Postsecondary Education Fa…

(a) An agency contract shall be in writing and shall be signed, or otherwise authenticated, by the parties in the presence of a notary public who shall duly notarize the contract. (b) An agency contract shall contain:(1) A statement that the athlete agent is registered as an athl…

(a) As used in this section, “communicating or attempting to communicate” means contacting or attempting to contact by an in-person meeting, a record, or any other method that conveys or attempts to convey a message. (b) Not later than seventy-two (72) hours after entering into a…

(a) A student athlete or, if the athlete is a minor, the parent or guardian of the athlete may cancel an agency contract by giving notice in a record of cancellation to the athlete agent not later than fourteen (14) days after the contract is signed. (b) A student athlete or, if …