Legislation and Rules

CURRENT STATUTES AND RULES

The Tennessee Higher Education Authorization Act of 2016, T.C.A. §49-7-2001 et seq., T.C.A. §49-7-144, and Rule Chapters 1540-01-02 and 1540-01-10 regulate the activities and operations of non-exempt postsecondary educational institutions.

PAST RULEMAKING

On August 27, 2024, THEC filed a Notice of Rulemaking Hearing with the Secretary of State. The filing is available at https://publications.tnsosfiles.com/rules_filings/08-19-24.pdf. The proposed rule amendments increased certain fees applicable to the institutions with regular authorization and with optional expedited authorization. THEC held a rulemaking hearing on October 22, 2024. The Commission adopted the proposed rules at its meeting on November 7, 2024. On January 27, 2025, THEC submitted the Rulemaking Hearing Rule(s) Filing Form to the Secretary of State. The filing is available at https://publications.tnsosfiles.com/rules_filings/01-24-25.pdf. On March 31, 2025, the Joint Committee for Government Operations Rule Review of the Tennessee General Assembly voted to allow the rules to proceed with a favorable recommendation. The Tennessee Secretary of State published the final rules in April 2025; however, the effective date of the fee increases was July 1, 2025. Links to the final rules are available at the top of this webpage.

LEGISLATION

The Division of Postsecondary State Authorization (“DPSA”) does not anticipate legislation being filed during the 2025 legislative session that will affect the above statutes and rules. In the event that such legislation is filed, DPSA will update this page.

The most recent legislative revisions affecting the above statutes and rules is 2022 Tenn. Pub. Ch. No. 1044, signed on May 11, 2022. The legislation was effective July 1, 2022, and refined how Tennessee regulates postsecondary educational institutions as defined in Title 49, Chapter 7, Part 20. The legislation streamlined the state authorization process and codified current practices, while maintaining important consumer protections and institution accountability.

HIGHLIGHTS OF THE LEGISLATION ARE AS FOLLOWS:

  • Dissolving the Committee on Postsecondary Educational Institutions;
  • Empowering the Executive Director to award provisional authorization subject to review and ratification by the Commission;
  • Allowing for annual compliance certifications when multi-year authorization is awarded;
  • Deleting the “degree-granting” limitation for Optional Expedited Authorization thereby allowing any accredited institution to take advantage of this authorization pathway created by the 2016 Act;
  • Removing the requirement that THEC conduct annual site visits as part of the reauthorization process while retaining the authority to conduct site visits when warranted;
  • Eliminating the requirements for agent permits and agent bonds;
  • Revising bonding requirements such that all institutions will submit a bond in the same amount and providing that an institution cannot operate beyond ninety (90) days without a bond;
  • Providing that a successful tuition guarantee fund claim be paid directly to the student; andChanging program approval terminology to program registration.