Title 49, Education

(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 …

(a) An athlete agent shall create and retain for five (5) years from the time of entering an agency contract records of the following:(1) The name and address of each individual represented by the agent;(2) Each agency contract entered into by the agent; and(3) The direct costs i…

(a) An athlete agent, with the intent to influence a student athlete or, if the athlete is a minor, a parent or guardian of the athlete to enter into an agency contract, shall not take any of the following actions or encourage any other individual to take or assist any other indi…

An athlete agent who violates § 49-7-2114 is guilty of a Class E felony and, on conviction, is punishable by a fine of no more than twenty-five thousand dollars ($25,000) or confinement for no less than one (1) year nor more than six (6) years, or both.

(a) An educational institution or student athlete may bring an action for damages against an athlete agent if the institution or athlete is adversely affected by an act or omission of the agent in violation of this part. An educational institution or student athlete is adversely …

The secretary of state may assess a civil penalty against an athlete agent not to exceed fifty thousand dollars ($50,000) for a violation of this part.

In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.

This part modifies, limits, or supersedes the Electronic Signatures in Global and National Commerce Act (15 U.S.C. § 7001 et seq.), but does not modify, limit, or supersede Section 101(c) of that act (15 U.S.C. § 7001(c)), or authorize electronic delivery of any of the notices de…

(a) The commission shall establish and adopt a code of ethics that shall apply to and govern the conduct of all appointed members of the commission. (b) Notwithstanding any other law to the contrary, by a two-thirds (⅔) vote of its membership, the commission may remove any appoin…

If any provision of this part or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this part which can be given effect without the invalid provision or application, and to this end the provisions of t…

(1) Nothing in this part:(1) Prevents a student athlete from relinquishing the athlete's eligibility to compete in intercollegiate sports and then signing an agency contract; or(2) Impairs the validity of an agency contract entered into prior to July 1, 2001. (1) Prevents a stude…

Any person holding a permit in good standing as a sports agent in this state prior to July 1, 2001, shall be deemed an athlete agent and subject to this part. A permit in good standing shall be valid until the permit's regular annual renewal at which time the agent shall apply fo…

(a) If the secretary of state determines that a person has engaged in or is engaging in an act, practice, or course of business constituting a violation of this part or a rule adopted or order issued under this part, or that a person has materially aided or is materially aiding i…

(a) Any person who, in this state, knowingly influences, or attempts to influence, any student athlete to accept an athletic scholarship that is offered by an educational institution from which such person receives any compensation or any other thing of value shall provide a writ…

(a) As used in this section, unless the context otherwise requires:(1) “Guarantee agency” means a guarantor of student loans that has an agreement with the United States secretary of education; and(2) “TSAC” means the Tennessee student assistance corporation. (1) “Guarantee agenc…

The Tennessee higher education commission, in consultation with the department of health, the University of Tennessee system, the Tennessee board of regents and private colleges and universities in this state shall develop an institute of public health.

An audit of the Tennessee higher education commission, the University of Tennessee board of trustees and the board of regents may be conducted by the comptroller of the treasury. If such audit is conducted, the audit shall specifically focus on overlap in mission, cost inefficien…

(a) When the Tennessee Independent Colleges and Universities Association (TICUA) or any of its member institutions provide to the Tennessee higher education commission, another state agency, or a third party acting on behalf of the state, confidential student data or records conc…

(a) The “Initiative on Historically Black Colleges and Universities (HBCUs)” or “initiative”, as used in this section, is an organizational unit of the commission, established and administered by the executive director for the purpose of providing oversight to focus on ways to st…

This part shall be known and may be cited as the “College and University Security Information Act.”

(1) As used in this part, unless the context otherwise requires:(1) “Institution of higher education” includes any college, community college or university, including the state colleges of applied technology, whether public or private, that is required to submit a copy of the sta…

(a) Each institution of higher education shall report to the Tennessee bureau of investigation, on an annual basis, crime statistics for crimes occurring on the campus and in student housing, if applicable, of the institution for publication in an annual report on forms and in th…

Any official charged with the responsibility of complying with an institution's obligations under this part who fails to do so commits a Class C misdemeanor.

(a) The director of the Tennessee bureau of investigation shall compile the crime statistics reported pursuant to § 49-7-2203(a), and shall provide an annual report by April 30 of the statistics to the governor and to the state and local government and education committees of the…

Each institution of higher education that maintains either a police or security department comprised of state, private or contract employees shall make, keep and maintain a daily log, written in a form that can be easily understood, recording in chronological order all crimes aga…

(a) It is the duty of each institution of higher education that has probable cause to believe that any student is committing or has committed any offense, a violation of which is a Class A misdemeanor or any of the five (5) categories of felonies as classified under § 40-35-110, …

The comptroller of the treasury may conduct a review of an institution of higher education to ensure that the institution is complying with the requirements of this part.