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.
CURRENT RULEMAKING HEARING RULES
On August 27, 2024, THEC filed a Notice of Rulemaking Hearing with the Secretary of State. The Secretary of State Notice of Rulemaking Hearing form is available at 08-19-24.pdf (tnsosfiles.com). Per the notice, the rulemaking hearing is scheduled for October 22, 2024, at 10:00 a.m. CDT. The Hearing will be held in Conference Room D at William R. Snodgrass Tennessee Tower, 312 Rosa L. Parks Ave., Nashville, Tennessee 37243. The proposed rule amendments change certain fees applicable to the institutions with regular authorization and with optional expedited authorization.
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.