reglab/statecodes huggingface dataset:
2023 Tennessee Code › Title 49 - EDUCATION (§§ 49-1-NEW — 49-50-1703) › Chapter 7 - POSTSECONDARY AND HIGHER EDUCATION GENERALLY (§§ 49-7-NEW — 49-7-3003) › Part 15 - STATE AUTHORIZATION RECIPROCITY AGREEMENT ACT (§§ 49-7-1501 — 49-7-1507) › Section 49-7-1503 - Part definitions

As used in this part:
(1)
"Commission" means the Tennessee higher education commission;
(2)
"Complaint" means a complaint or grievance against a Tennessee SARA institution filed by a non-Tennessee student residing in a member state other than Tennessee and whose complaint is relative to a distance education course or program offered by a Tennessee SARA institution;
(3)
"Institution" means an accredited postsecondary degree-granting school, college, university, or other organization;
(4)
"Member state" means a United States state, territory, or district currently approved to participate in the state authorization reciprocity agreement;
(5)
"NC-SARA" means the National Council for State Authorization Reciprocity Agreements;
(6)
"Non-Tennessee SARA institution" means an institution approved by a member state other than Tennessee for participation in SARA;
(7)
"Portal agency" means the single agency designated by Tennessee to serve as the interstate point of contact for SARA questions, complaints, and other communications;
(8)
"SREB" means the Southern Regional Education Board;
(9)
"State authorization reciprocity agreement" or "SARA" means the agreement overseen by the National Council for SARA and administered by the Southern Regional Education Board; and
(10)
"Tennessee SARA institution" means an institution approved by the commission for participation in SARA.
Added by 2015 Tenn. Acts, ch. 444,s 1, eff. 5/18/2015.
2023 Tennessee Code › Title 49 - EDUCATION (§§ 49-1-NEW — 49-50-1703) › Chapter 7 - POSTSECONDARY AND HIGHER EDUCATION GENERALLY (§§ 49-7-NEW — 49-7-3003) › Part 15 - STATE AUTHORIZATION RECIPROCITY AGREEMENT ACT (§§ 49-7-1501 — 49-7-1507) › Section 49-7-1504 - Authority of commission

The commission is authorized to:
(1)
Enter into the interstate reciprocity agreement known as SARA, or any successor organization, which serves the purpose of approving institutions in Tennessee to participate in SARA;
(2)
Serve as the portal agency for SARA;
(3)
Act in accordance with the terms of the state authorization reciprocity agreement with regard to any member state, Tennessee SARA institution, or non-Tennessee SARA institution;
(4)
Provide appropriate staff support as necessary to facilitate institution application, approval, and reporting in accordance with NC-SARA and SREB guidelines and policies;
(5)
Provide appropriate staff support as necessary to facilitate complaint determination and resolution under §
49-7-1506
;
(6)
Promulgate rules and policies as necessary or appropriate for the conduct of its work and the implementation of this part, which rules shall have the force of law; and
(7)
Exercise other powers and duties implied but not enumerated in this section that are in conformity with this part and, in the judgment of the commission, are determined necessary in order to carry out the intent of this part.
Added by 2015 Tenn. Acts, ch. 444, s 1, eff. 5/18/2015.
2023 Tennessee Code › Title 49 - EDUCATION (§§ 49-1-NEW — 49-50-1703) › Chapter 7 - POSTSECONDARY AND HIGHER EDUCATION GENERALLY (§§ 49-7-NEW — 49-7-3003) › Part 15 - STATE AUTHORIZATION RECIPROCITY AGREEMENT ACT (§§ 49-7-1501 — 49-7-1507) › Section 49-7-1505 - Collection of annual fees

(a)
The commission is authorized to annually collect fees from each Tennessee SARA institution based on full-time enrollment and commensurate with the costs of administering SARA. The commission may set fees by:
(1)
Defaulting to the fees set for the initial application, annual renewal application, or to other fees assessed by NC-SARA, or any successor organization; or
(2)
Promulgate rules governing the schedule of fees, including, at a minimum, fees for initial and annual renewal applications.
(b)
If NC-SARA reduces, waives, or terminates the assessment of fees for participating institutions, then the fees applicable to Tennessee SARA institutions are the same as the fees assessed to such institutions in the prior fiscal year, but only if the commission does not establish the fees by rule, as provided in subdivision (a)(2). If the commission has promulgated rules governing the schedule of fees, then the fees applicable to Tennessee SARA institutions are the fees established in the commission's rules.
(c)
The commission shall deposit all fees collected pursuant to this part in the state treasury, to be credited to a dedicated commission account for the administration of this part.
(d)
Beginning on July 1, 2025, a Tennessee SARA institution must pay its annual renewal fees by December 1.
(e)
The commission shall submit all reports generated in compliance with NC-SARA to participating Tennessee SARA institutions for informational purposes.
Amended by 2024 Tenn. Acts, ch. 879,s 1, eff. 7/1/2024.
Amended by 2016 Tenn. Acts, ch. 868, s 15, eff. 10/1/2016.
Added by 2015 Tenn. Acts, ch. 444, s 1, eff. 5/18/2015.
2023 Tennessee Code › Title 49 - EDUCATION (§§ 49-1-NEW — 49-50-1703) › Chapter 7 - POSTSECONDARY AND HIGHER EDUCATION GENERALLY (§§ 49-7-NEW — 49-7-3003) › Part 15 - STATE AUTHORIZATION RECIPROCITY AGREEMENT ACT (§§ 49-7-1501 — 49-7-1507) › Section 49-7-1507 - Approval as SARA institution - Revocation or withdrawal of approval - Forfeiture of fees

(a)
Institutions in Tennessee that offer distance education may apply to the commission for approval to participate in SARA as a Tennessee SARA institution.
(b)
The commission may commence an action to revoke a Tennessee SARA institution's approval as a participating SARA institution if it is determined that the institution is no longer in compliance with the state authorization reciprocity agreement.
(c)
A Tennessee SARA institution may, on thirty (30) days' notice to the commission, withdraw its approval as a Tennessee SARA institution, after which the institution shall no longer be considered a participating institution for the purposes of this chapter.
(d)
A withdrawing Tennessee SARA institution shall forfeit any fees previously collected by the commission for the purposes of initial authorization or annual renewal as a participating Tennessee SARA institution.
Added by 2015 Tenn. Acts, ch. 444,s 1, eff. 5/18/2015.
2023 Tennessee Code › Title 49 - EDUCATION (§§ 49-1-NEW — 49-50-1703) › Chapter 7 - POSTSECONDARY AND HIGHER EDUCATION GENERALLY (§§ 49-7-NEW — 49-7-3003) › Part 16 - TUITION TRANSPARENCY AND ACCOUNTABILITY ACT (§§ 49-7-1601 — 49-7-1606) › Section 49-7-1601 - Short title

This part shall be known and may be cited as the "Tuition Transparency and Tennessee Responsible Borrowing Initiative Act".
Amended by 2020 Tenn. Acts, ch. 744, s 1, eff. 6/22/2020.
Added by 2018 Tenn. Acts, ch. 614, s 1, eff. 7/1/2018.
2023 Tennessee Code › Title 49 - EDUCATION (§§ 49-1-NEW — 49-50-1703) › Chapter 7 - POSTSECONDARY AND HIGHER EDUCATION GENERALLY (§§ 49-7-NEW — 49-7-3003) › Part 16 - TUITION TRANSPARENCY AND ACCOUNTABILITY ACT (§§ 49-7-1601 — 49-7-1606) › Section 49-7-1602 - Part definitions

As used in this part:
(1)
"Board" means the trustees of the University of Tennessee or a state university board, as applicable;
(2)
"Cost of attendance" means the combined cost of tuition, mandatory fees, room and board, books, and other educational expenses as determined by the financial aid office of the postsecondary institution;
(3)
"Predictive cost estimate" means a non-binding estimated cost of attending an undergraduate program at the postsecondary institution based on a student's chosen field of study over a four-year period. A predictive cost estimate may include, but is not limited to, potential tuition and mandatory fee increases, projected increases in tuition based on a student's chosen field of study, and historical trend data; and
(4)
"Tuition and mandatory fees" means the charges imposed to attend the relevant institution of higher education as an in-state undergraduate student and all fees required as a condition of enrollment as determined by the board. "Tuition and mandatory fees" does not include fees charged to out-of-state students by institutions of higher education, room and board, or other non-mandatory fees and charges.
Added by 2018 Tenn. Acts, ch. 614,s 1, eff. 7/1/2018.
2023 Tennessee Code › Title 49 - EDUCATION (§§ 49-1-NEW — 49-50-1703) › Chapter 7 - POSTSECONDARY AND HIGHER EDUCATION GENERALLY (§§ 49-7-NEW — 49-7-3003) › Part 16 - TUITION TRANSPARENCY AND ACCOUNTABILITY ACT (§§ 49-7-1601 — 49-7-1606) › Section 49-7-1603 - Public notice of proposed tuition and mandatory fee increase

(a)
At least fifteen (15) days prior to holding a meeting to adopt an increase in tuition and mandatory fees, a board shall give public notice of the proposed tuition and mandatory fee increase as an action item on the board's meeting agenda. Individuals shall be permitted to provide comments during the fifteen-day period. The public notice of the proposed tuition and mandatory fee increase shall, at a minimum, include:
(1)
An explanation for the proposed tuition and mandatory fee increase;
(2)
A statement specifying the purposes for which revenue derived from the tuition and mandatory fee increase will be used; and
(3)
A description of the efforts to mitigate the effect of the tuition and mandatory fee increase on students.
(b)
(1)
By January 1, 2019, each board shall develop a list of factors that shall be considered when developing recommendations to increase tuition and mandatory fees. The factors shall include, at a minimum, the level of state support; total cost of attendance; and efforts to mitigate the financial effect on students.
(2)
Each state university and each campus in the University of Tennessee system shall post on its website a summary of the recommendations pursuant to subdivision (b)(1).
Added by 2018 Tenn. Acts, ch. 614,s 1, eff. 7/1/2018.
2023 Tennessee Code › Title 49 - EDUCATION (§§ 49-1-NEW — 49-50-1703) › Chapter 7 - POSTSECONDARY AND HIGHER EDUCATION GENERALLY (§§ 49-7-NEW — 49-7-3003) › Part 16 - TUITION TRANSPARENCY AND ACCOUNTABILITY ACT (§§ 49-7-1601 — 49-7-1606) › Section 49-7-1604 - Report regarding expenditures of revenues derived from tuition and fee increases

By February 1 of each year, each governing board shall provide a report to the office of legislative budget analysis, for distribution to the general assembly, with information regarding expenditures of revenues derived from any tuition and fees increase in the previous full academic year. The report shall include how revenues were used, the effect on student financial aid, and the effect on the average total cost of attendance per student.
Added by 2018 Tenn. Acts, ch. 614,s 1, eff. 7/1/2018.
2023 Tennessee Code › Title 49 - EDUCATION (§§ 49-1-NEW — 49-50-1703) › Chapter 7 - POSTSECONDARY AND HIGHER EDUCATION GENERALLY (§§ 49-7-NEW — 49-7-3003) › Part 16 - TUITION TRANSPARENCY AND ACCOUNTABILITY ACT (§§ 49-7-1601 — 49-7-1606) › Section 49-7-1605 - Predictive cost estimate to accompany student's letter of acceptance

Beginning August 1, 2019, each state university and each campus in the University of Tennessee system shall provide, with a student's letter of acceptance, a predictive cost estimate for students applying for undergraduate degree programs for the 2020-2021 academic year and for academic years thereafter.
Added by 2018 Tenn. Acts, ch. 614,s 1, eff. 7/1/2018.
2023 Tennessee Code › Title 49 - EDUCATION (§§ 49-1-NEW — 49-50-1703) › Chapter 7 - POSTSECONDARY AND HIGHER EDUCATION GENERALLY (§§ 49-7-NEW — 49-7-3003) › Part 16 - TUITION TRANSPARENCY AND ACCOUNTABILITY ACT (§§ 49-7-1601 — 49-7-1606) › Section 49-7-1606 - Federal college financing plan

(a)
Beginning in the 2021-2022 academic year, each institution operated by the board of regents, each state university, and each campus in the University of Tennessee system shall provide each student with a detailed and completed current-year federal college financing plan. The plan must be provided to students at least once with the student's notice of financial aid eligibility. An institution may substitute a personalized and detailed institution-specific alternative to the federal college financing plan, if the institution's alternative provides, at a minimum, the following information:
(1)
The total cost of attendance;
(2)
The total amount per year of grants and scholarships awarded to the student, including awards from the institution, state programs, and federal programs;
(3)
The estimated total net cost, based on the institution's cost of attendance, to the student for one (1) year of attendance at the institution, after deducting amounts awarded to the student through grants and scholarships;
(4)
The total amount per year of actual student loans and estimated work study funds for which the student is eligible, accompanied by the amount of each federal, state, or institutional loan by loan type and program origin, and the estimated amount of work study funds from each federal, state, or institutional work study option; and
(5)
Information and resources available to the student relative to financial aid planning and loan repayment calculations.
(b)
When a student is finalizing acceptance of a financial aid package, the institution shall clearly provide to the student:
(1)
The estimated unmet financial need accompanied by the total amount per year of eligible student loans; and
(2)
A statement on the importance of responsible student borrowing.
Added by 2020 Tenn. Acts, ch. 744,s 2, eff. 6/22/2020.
Acts 2020, ch. 744, § 2.
2023 Tennessee Code › Title 49 - EDUCATION (§§ 49-1-NEW — 49-50-1703) › Chapter 7 - POSTSECONDARY AND HIGHER EDUCATION GENERALLY (§§ 49-7-NEW — 49-7-3003) › Part 17 - ALLEGED SEXUAL MISCONDUCT BY STUDENT (§§ 49-7-1701 — 49-7-1704) › Section 49-7-1701 - Applicability of part

This part shall apply to all public higher education institutions located in this state.
Acts 2018, ch. 980, § 8.
2023 Tennessee Code › Title 49 - EDUCATION (§§ 49-1-NEW — 49-50-1703) › Chapter 7 - POSTSECONDARY AND HIGHER EDUCATION GENERALLY (§§ 49-7-NEW — 49-7-3003) › Part 17 - ALLEGED SEXUAL MISCONDUCT BY STUDENT (§§ 49-7-1701 — 49-7-1704) › Section 49-7-1702 - Part definitions

As used in this part, unless the context requires otherwise:
(1)
"Institution" means any public institution of higher education located within this state;
(2)
"Notice" means written information sent to a student by the institution transmitted by:
(A)
United States mail, courier service, or hand delivery to the permanent or local address the institution has on file for the student; or
(B)
Email to the student's institution-provided email account, but only if the institution has adopted and published a written policy establishing an institution-provided email account as a method of communication by which students should expect to receive communications from the institution about student conduct matters;
(3)
"Sexual misconduct" means a violation of an institution's disciplinary policies concerning sexual assault, dating violence, domestic violence, or stalking; and
(4)
"Student disciplinary proceeding" means a hearing, proceeding, or any other non-law enforcement process other than an investigation that is used by an institution to determine whether sexual misconduct occurred or impose a sanction with respect to sexual misconduct, including a contested case hearing conducted under the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
Acts 2018, ch. 980, § 9.
2023 Tennessee Code › Title 49 - EDUCATION (§§ 49-1-NEW — 49-50-1703) › Chapter 7 - POSTSECONDARY AND HIGHER EDUCATION GENERALLY (§§ 49-7-NEW — 49-7-3003) › Part 17 - ALLEGED SEXUAL MISCONDUCT BY STUDENT (§§ 49-7-1701 — 49-7-1704) › Section 49-7-1703 - Notice required to be given student accused of sexual misconduct - Temporary suspension not prohibited

(a)
An institution shall provide a student accused of sexual misconduct with notice of the extent to which the institution may allow a licensed attorney or other advisor to represent or advise the student in an investigation or student disciplinary proceeding.
(b)
At least seventy-two (72) hours prior to a student disciplinary proceeding concerning charges of sexual misconduct, an institution shall provide a student accused of sexual misconduct with notice of the following:
(1)
The time, place, and date of the student disciplinary proceeding;
(2)
The name of each witness the institution expects to present at the student disciplinary proceeding and those the institution may present if the need arises;
(3)
The student's right to request a copy of the institution's investigative file, redacted in accordance with the Family Educational Rights and Privacy Act of 1974 (
20 U.S.C. § 1232g
), and the federal regulations implementing that statute, as amended; and
(4)
The student's right to request copies of all documents, copies of all electronically stored information, and access to tangible evidence that the institution has in its possession, custody, or control and may use to support claims or defenses, unless the use would be solely for impeachment.
(c)
When notice is sent pursuant to this section by United States mail or courier service, the notice is effective on the date that the notice is mailed or delivered to the courier service. When notice is hand delivered to the student from the institution, notice is effective on the date that the notice is delivered to the student to whom the notice is addressed. When notice is sent by email, the notice is effective on the date that the email is sent to the student's institution-provided email account.
(d)
Nothing in this part is intended to prohibit a student charged with sexual misconduct from waiving the student's right to a contested case hearing under the Uniform Administrative Procedures Act, compiled in title 4, chapter 5; provided, that prior to waiving that right the student is informed in writing of the rights provided in this part.
(e)
Nothing in this part prohibits the temporary suspension of a student during an institution's pending investigation of student misconduct; provided, that the terms of temporary suspension do not violate the student's constitutional right to due process of law.
Acts 2018, ch. 980, § 10.
2023 Tennessee Code › Title 49 - EDUCATION (§§ 49-1-NEW — 49-50-1703) › Chapter 7 - POSTSECONDARY AND HIGHER EDUCATION GENERALLY (§§ 49-7-NEW — 49-7-3003) › Part 17 - ALLEGED SEXUAL MISCONDUCT BY STUDENT (§§ 49-7-1701 — 49-7-1704) › Section 49-7-1704 - Policy requiring that process of disciplining student for sexual misconduct be free from conflicts of interest - Legal advice to multiple institutional employees not prohibited - Equivalent rights of alleged victim

(a)
An institution must adopt a policy requiring that the process of disciplining a student for sexual misconduct be carried out in a manner that is free from conflicts of interest consistent with due process of law.
(b)
With respect to student disciplinary hearings other than contested cases under the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, the policy must provide for protections for a student accused of sexual misconduct analogous to, and no less protective than, the conflict of interest provisions of §
4-5-303
.
(c)
Nothing in this part prohibits an attorney for the institution from providing legal advice to multiple institutional employees who serve in different roles in the process of disciplining a student for sexual misconduct.
(d)
Nothing in this part prohibits an institution from providing an alleged victim of sexual misconduct with equivalent rights as the student accused of sexual misconduct in an investigation, student disciplinary proceeding, or appeal.
Acts 2018 , ch. 980, § 11.
2023 Tennessee Code › Title 49 - EDUCATION (§§ 49-1-NEW — 49-50-1703) › Chapter 7 - POSTSECONDARY AND HIGHER EDUCATION GENERALLY (§§ 49-7-NEW — 49-7-3003) › Part 18 - TRANSPARENCY IN FOREIGN INVESTMENT ACT (§§ 49-7-1801 — 49-7-1804) › Section 49-7-1801 - Short title

This part is known and may be cited as the "Transparency in Foreign Investment Act."
Acts 2021, ch. 344, § 1.
2023 Tennessee Code › Title 49 - EDUCATION (§§ 49-1-NEW — 49-50-1703) › Chapter 7 - POSTSECONDARY AND HIGHER EDUCATION GENERALLY (§§ 49-7-NEW — 49-7-3003) › Part 18 - TRANSPARENCY IN FOREIGN INVESTMENT ACT (§§ 49-7-1801 — 49-7-1804) › Section 49-7-1802 - Part definitions

As used in this part, unless the context otherwise requires:
(1)
"Confucius Institute" means a Confucius Institute or Chinese Language Partner Network operated by the Office of Chinese Language Council International, also known as Hanban, which is affiliated with the ministry of education of the People's Republic of China;
(2)
"Contract" means an agreement for the acquisition by purchase, lease, or barter of property or services between a foreign source and an institution, for the direct benefit or use of either of the parties;
(3)
"Foreign source" means:
(A)
A foreign government, including an agency of a foreign government;
(B)
A legal entity, governmental or otherwise, created solely under the laws of a foreign state or states;
(C)
An individual who is not a citizen or a national of the United States or a trust territory or protectorate thereof; and
(D)
An agent, including a subsidiary or affiliate of a foreign legal entity, acting on behalf of a foreign source, as described in subdivisions (3)(A)-(C);
(4)
"Gift" includes a gift of money or property; and
(5)
"Institution" means a public institution of higher education in this state.
Acts 2021, ch. 344, § 1.
2023 Tennessee Code › Title 49 - EDUCATION (§§ 49-1-NEW — 49-50-1703) › Chapter 7 - POSTSECONDARY AND HIGHER EDUCATION GENERALLY (§§ 49-7-NEW — 49-7-3003) › Part 18 - TRANSPARENCY IN FOREIGN INVESTMENT ACT (§§ 49-7-1801 — 49-7-1804) › Section 49-7-1803 - Confucius Institutes prohibited

An institution shall not host a Confucius Institute.
Acts 2021, ch. 344, § 1.
2023 Tennessee Code › Title 49 - EDUCATION (§§ 49-1-NEW — 49-50-1703) › Chapter 7 - POSTSECONDARY AND HIGHER EDUCATION GENERALLY (§§ 49-7-NEW — 49-7-3003) › Part 19 - DIVIS-IVE CONCEPTS IN SCHOOLS (§§ 49-7-1901 — 49-7-1908) › Section 49-7-1901 - Legislative findings

The general assembly finds that the divisive concepts described in §
49-7-1902
exacerbate and inflame divisions on the basis of sex, race, ethnicity, religion, color, national origin, and other criteria in ways contrary to the unity of the United States of America and the well-being of this state and its citizens.
Added by 2022 Tenn. Acts, ch. 818, s 2, eff. 4/8/2022.
2023 Tennessee Code › Title 49 - EDUCATION (§§ 49-1-NEW — 49-50-1703) › Chapter 7 - POSTSECONDARY AND HIGHER EDUCATION GENERALLY (§§ 49-7-NEW — 49-7-3003) › Part 19 - DIVIS-IVE CONCEPTS IN SCHOOLS (§§ 49-7-1901 — 49-7-1908) › Section 49-7-1902 - Part definitions

As used in this part:
(1)
"Divisive concept" means a concept that:
(A)
One (1) race or sex is inherently superior or inferior to another race or sex;
(B)
An individual, by virtue of the individual's race or sex, is inherently privileged, racist, sexist, or oppressive, whether consciously or subconsciously;
(C)
An individual should be discriminated against or receive adverse treatment because of the individual's race or sex;
(D)
An individual's moral character is determined by the individual's race or sex;
(E)
An individual, by virtue of the individual's race or sex, bears responsibility for actions committed in the past by other members of the same race or sex;
(F)
An individual should feel discomfort, guilt, anguish, or another form of psychological distress solely because of the individual's race or sex;
(G)
A meritocracy is inherently racist or sexist, or designed by a particular race or sex to oppress another race or sex;
(H)
This state or the United States is fundamentally or irredeemably racist or sexist;
(I)
Promotes or advocates the violent overthrow of the United States government;
(J)
Promotes division between, or resentment of, a race, sex, religion, creed, nonviolent political affiliation, social class, or class of people;
(K)
Ascribes character traits, values, moral or ethical codes, privileges, or beliefs to a race or sex, or to an individual because of the individual's race or sex;
(L)
The rule of law does not exist, but instead is a series of power relationships and struggles among racial or other groups;
(M)
All Americans are not created equal and are not endowed by their Creator with certain unalienable rights, including, life, liberty, and the pursuit of happiness;
(N)
Governments should deny to any person within the government's jurisdiction the equal protection of the law;
(O)
Includes race or sex stereotyping; or
(P)
Includes race or sex scapegoating;
(2)
"Race or sex scapegoating" means assigning fault, blame, or bias to a race or sex, or to members of a race or sex, because of their race or sex, and includes any claim that, consciously or subconsciously, and by virtue of a person's race or sex, members of a race are inherently racist or inclined to oppress others, or that members of a sex are inherently sexist or inclined to oppress others;
(3)
"Race or sex stereotyping" means ascribing character traits, values, moral and ethical codes, privileges, status, or beliefs to a race or sex, or to an individual because of his or her race or sex; and
(4)
"Training" includes seminars, workshops, trainings, and orientations.
Added by 2022 Tenn. Acts, ch. 818, s 3, eff. 4/8/2022.
2023 Tennessee Code › Title 49 - EDUCATION (§§ 49-1-NEW — 49-50-1703) › Chapter 7 - POSTSECONDARY AND HIGHER EDUCATION GENERALLY (§§ 49-7-NEW — 49-7-3003) › Part 19 - DIVIS-IVE CONCEPTS IN SCHOOLS (§§ 49-7-1901 — 49-7-1908) › Section 49-7-1903 - Restrictions applicable to public institutions of higher education

In furtherance of the general assembly's findings in §
49-7-1901
, the following restrictions apply to public institutions of higher education in this state:
(1)
A student or employee of a public institution of higher education shall not be penalized, discriminated against, or receive any adverse treatment due to the student's or employee's refusal to support, believe, endorse, embrace, confess, act upon, or otherwise assent to one (1) or more divisive concepts;
(2)
A student or employee of a public institution of higher education shall not be required to endorse a specific ideology or political viewpoint to be eligible for hiring, tenure, promotion, or graduation, and institutions shall not ask the ideological or political viewpoint of a student, job applicant, job candidate, or candidate for promotion or tenure;
(3)
A public institution of higher education shall not require an applicant for employment or admission to submit a personal diversity statement or to affirm the applicant's agreement with an institutional diversity statement as part of the application or admissions process; and
(4)
An individual who believes that a violation of this section has occurred may pursue all equitable or legal remedies that may be available to the individual in a court of competent jurisdiction.
Amended by 2023 Tenn. Acts, ch. 268, s 3, eff. 7/1/2023.
Added by 2022 Tenn. Acts, ch. 818, s 4, eff. 4/8/2022.
2023 Tennessee Code › Title 49 - EDUCATION (§§ 49-1-NEW — 49-50-1703) › Chapter 7 - POSTSECONDARY AND HIGHER EDUCATION GENERALLY (§§ 49-7-NEW — 49-7-3003) › Part 19 - DIVIS-IVE CONCEPTS IN SCHOOLS (§§ 49-7-1901 — 49-7-1908) › Section 49-7-1904 - Restrictions on divisive concepts

(a)
A public institution of higher education shall not:
(1)
Conduct any mandatory training of students or employees if the training includes one (1) or more divisive concepts;
(2)
Use training programs or training materials for students or employees if the program or material includes one (1) or more divisive concepts;
(3)
Use state-appropriated funds to incentivize, beyond payment of regular salary or other regular compensation, a faculty member to incorporate one (1) or more divisive concepts into academic curricula; or
(4)
Approve or use state funds for fees, dues, subscriptions, or travel in conjunction with the membership, meetings, or activities of an organization if participation in such organization requires an individual, or an individual's employer, to endorse or promote a divisive concept.
(b)
(1)
If a public institution of higher education employs an individual whose primary job title includes diversity, equity, or inclusion, then:
(A)
The institution must ensure that the employee's efforts strengthen and increase intellectual diversity and promote a climate that facilitates the free and respectful exchange of ideas; and
(B)
The institution must ensure that the employee's duties include efforts devoted to supporting student academic achievement and workforce readiness, such as mentoring, career readiness and support, workforce development, or other related learning support activities necessary for the academic and professional success of all students.
(2)
Employees whose job title includes diversity, equity, or inclusion but whose primary duties require compliance with state or federal law that conflicts with subdivision (b)(1) are exempt from this subsection (b).
(c)
Each public institution of higher education shall ensure that the institution complies with subsection (b). The institution shall submit a report directly to the institution's chief executive on how the institution is complying with subdivision (b)(1). If the institution is part of a university system, then the report must be submitted to the system's chief executive for review after the report is submitted to the institution's chief executive.
(d)
(1)
A public institution of higher education shall notify students and employees of the institution on the restrictions in §
49-7-1903
and the definition of divisive concepts in §
49-7-1902
by including such information on the institution's website and on introductory materials provided by the institution to new students and employees.
(2)
Institutions shall provide employee training to ensure compliance with this part.
Amended by 2024 Tenn. Acts, ch. 815,s 1, eff. 7/1/2024.
Amended by 2023 Tenn. Acts, ch. 268, s 5, eff. 7/1/2023.
Amended by 2023 Tenn. Acts, ch. 268, s 4, eff. 7/1/2023.
Added by 2022 Tenn. Acts, ch. 818, s 5, eff. 4/8/2022.
2023 Tennessee Code › Title 49 - EDUCATION (§§ 49-1-NEW — 49-50-1703) › Chapter 7 - POSTSECONDARY AND HIGHER EDUCATION GENERALLY (§§ 49-7-NEW — 49-7-3003) › Part 19 - DIVIS-IVE CONCEPTS IN SCHOOLS (§§ 49-7-1901 — 49-7-1908) › Section 49-7-1905 - [Repealed effective 7/1/2028] Biennial survey

(a)
Each public institution of higher education shall conduct a biennial survey of the institution's students and employees to assess the campus climate with regard to diversity of thought and the respondents' comfort level in speaking freely on campus, regardless of political affiliation or ideology. The institution shall publish the results of the biennial survey on the institution's website.
(b)
Each public institution of higher education shall present the results of each biennial survey conducted pursuant to subsection (a) to:
(1)
The education committee of the senate when the institution's budget is presented to the committee during the next regular session of the general assembly following the institution's completion of the survey;
(2)
The finance, ways and means committee of the house of representatives when the institution's budget is presented to the committee during the next regular session of the general assembly following the institution's completion of the survey; and
(3)
The education administration committee and education instruction committee of the house of representatives during the next regular session of the general assembly following the institution's completion of the survey.
(c)
This section is repealed on July 1, 2028.
Added by 2022 Tenn. Acts, ch. 818, s 6, eff. 4/8/2022.
2023 Tennessee Code › Title 49 - EDUCATION (§§ 49-1-NEW — 49-50-1703) › Chapter 7 - POSTSECONDARY AND HIGHER EDUCATION GENERALLY (§§ 49-7-NEW — 49-7-3003) › Part 19 - DIVIS-IVE CONCEPTS IN SCHOOLS (§§ 49-7-1901 — 49-7-1908) › Section 49-7-1906 - Interpretation of part

This part shall not be interpreted to:
(1)
Prohibit public institutions of higher education from training students or employees on the non-discrimination requirements of federal or state law;
(2)
Infringe on the rights of freedom of speech protected by the First Amendment to the United States Constitution;
(3)
Infringe on the rights of academic freedom of faculty in public institutions of higher education;
(4)
Require an employee of a public institution of higher education to:
(A)
Violate any federal or state law, rule, or regulation; or
(B)
Fail to comply with any applicable academic accreditation requirement;
(5)
Prohibit an individual who provides training from responding to questions regarding one (1) or more divisive concepts, so long as the response does not endorse or advocate for divisive concepts; or
(6)
Prohibit public institutions of higher education from promoting diversity, equity, and inclusion; provided, that such efforts are consistent with the provisions of this part.
Added by 2022 Tenn. Acts, ch. 818, s 7, eff. 4/8/2022.
2023 Tennessee Code › Title 49 - EDUCATION (§§ 49-1-NEW — 49-50-1703) › Chapter 7 - POSTSECONDARY AND HIGHER EDUCATION GENERALLY (§§ 49-7-NEW — 49-7-3003) › Part 19 - DIVIS-IVE CONCEPTS IN SCHOOLS (§§ 49-7-1901 — 49-7-1908) › Section 49-7-1908 - Severability

If any provision of this part or its application to a person or circumstance is held invalid, then the invalidity does not affect other provisions or applications of this part that can be given effect without the invalid provision or application, and to that end, the provisions of this part are severable.
Renumbered from § 49-7-1907 by 2023 Tenn. Acts, ch. 268,s 2, eff. 7/1/2023.
Added by 2022 Tenn. Acts, ch. 818, s 8, eff. 4/8/2022.
2023 Tennessee Code › Title 49 - EDUCATION (§§ 49-1-NEW — 49-50-1703) › Chapter 7 - POSTSECONDARY AND HIGHER EDUCATION GENERALLY (§§ 49-7-NEW — 49-7-3003) › Part 20 - POSTSECONDARY EDUCATION AUTHORIZATION ACT OF 1974 (§§ 49-7-2001 — 49-7-2023) › Section 49-7-2001 - Short title

This part shall be known and cited as the "Tennessee Higher Education Authorization Act of 2016."
Amended by 2016 Tenn. Acts, ch. 868,s 1, eff. 10/1/2016.
Acts 1961, ch. 112, § 1; 1965, ch. 350, § 1; 1967, ch. 355, § 33; 1968, ch. 624, § 1; 1973, ch. 285, § 1; 1974, ch. 781, § 1; T.C.A., § 49-3901.
2023 Tennessee Code › Title 49 - EDUCATION (§§ 49-1-NEW — 49-50-1703) › Chapter 7 - POSTSECONDARY AND HIGHER EDUCATION GENERALLY (§§ 49-7-NEW — 49-7-3003) › Part 20 - POSTSECONDARY EDUCATION AUTHORIZATION ACT OF 1974 (§§ 49-7-2001 — 49-7-2023) › Section 49-7-2002 - Legislative intent

(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, while also acknowledging the heightened standards institutions may achieve and maintain through academic accreditors.
(2)
The commission shall accomplish the provisions of this part by:
(A)
Authorizing the granting of degrees, diplomas, certificates, or other educational credentials by postsecondary educational institutions and prohibiting the granting of false or misleading educational credentials;
(B)
Establishing minimum standards concerning the provision of education, ethical business practices, and fiscal responsibility to protect against substandard, transient, unethical, deceptive, or fraudulent institutions and practices;
(C)
Providing certain rights and remedies to the consuming public and the commission necessary to effectuate the purposes of this part;
(D)
Prohibiting misleading literature, advertising, solicitation, or representation by educational institutions or their agents; and
(E)
Providing formal authorization to postsecondary educational institutions that meet minimum standards and operate lawfully in compliance with this part.
(b)
[Deleted by 2022 amendment.]
Amended by 2022 Tenn. Acts, ch. 1044, Secs.s3, s4 eff. 7/1/2022.
Amended by 2022 Tenn. Acts, ch. 1044, s 2, eff. 7/1/2022.
Amended by 2016 Tenn. Acts, ch. 868, s 2, eff. 10/1/2016.
Acts 1961, ch. 112, § 2; 1965, ch. 350, § 2; 1967, ch. 355, § 34; 1974, ch. 781, § 2; T.C.A., § 49-3902.
2023 Tennessee Code › Title 49 - EDUCATION (§§ 49-1-NEW — 49-50-1703) › Chapter 7 - POSTSECONDARY AND HIGHER EDUCATION GENERALLY (§§ 49-7-NEW — 49-7-3003) › Part 20 - POSTSECONDARY EDUCATION AUTHORIZATION ACT OF 1974 (§§ 49-7-2001 — 49-7-2023) › Section 49-7-2007 - Prohibited acts

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 current and valid authorization issued pursuant to this part;
(2)
Offer as, or through an agent, enrollment or instruction in, or the granting of educational credentials from, a postsecondary educational institution outside this state that is not exempted from this part, unless the postsecondary educational institution has a current and valid authorization issued pursuant to this part;
(3)
Instruct or educate, or offer to instruct or educate, including advertising or soliciting for such purpose; enroll, or offer to enroll; contract, or offer to contract, with a person for such purpose; or award an educational credential or contract with an institution or party to award an educational credential in this state, regardless of whether the agent or postsecondary educational institution is located within this state, unless the agent or postsecondary educational institution observes and is in compliance with the minimum standards set forth in §
49-7-2006(a)
, the standards established by the commission pursuant to §
49-7-2005(a)(1)
, and the rules promulgated by the commission pursuant to §
49-7-2005(a)(6)
;
(4)
Use "university" or other terminology, without authorization to do so from the commission, that could mislead the general public; or
(5)
Grant, or offer to grant, educational credentials, unless the postsecondary educational institution has a current and valid authorization issued pursuant to this part.
Amended by 2022 Tenn. Acts, ch. 1044, s 15, eff. 7/1/2022.
Acts 1961, ch. 112, § 8; 1974, ch. 781, § 8; T.C.A., § 49-3908.
2023 Tennessee Code › Title 49 - EDUCATION (§§ 49-1-NEW — 49-50-1703) › Chapter 7 - POSTSECONDARY AND HIGHER EDUCATION GENERALLY (§§ 49-7-NEW — 49-7-3003) › Part 20 - POSTSECONDARY EDUCATION AUTHORIZATION ACT OF 1974 (§§ 49-7-2001 — 49-7-2023) › Section 49-7-2009 - [Repealed]

Repealed by 2022 Tenn. Acts, ch. 1044, s 17, eff. 7/1/2022.
Acts 1961, ch. 112, § 10; 1974, ch. 781, § 10; T.C.A., § 49-3910; Acts 1989, ch. 425, § 10.
2023 Tennessee Code › Title 49 - EDUCATION (§§ 49-1-NEW — 49-50-1703) › Chapter 7 - POSTSECONDARY AND HIGHER EDUCATION GENERALLY (§§ 49-7-NEW — 49-7-3003) › Part 20 - POSTSECONDARY EDUCATION AUTHORIZATION ACT OF 1974 (§§ 49-7-2001 — 49-7-2023) › Section 49-7-2010 - Deferment or denial of application - Revocation of Institution authorization or program registration - Conditional institutional authorization or program registration

(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 promulgated pursuant to this part, then the commission shall notify the applicant, provide, in writing, the reasons for which the applicant failed to meet the criteria, and defer or deny the application.
(2)
The commission may grant an applicant an extension of time, of reasonable duration, in which the applicant may eliminate the reasons for deferral contained in the statement of deferral, if the applicant has demonstrated, to the satisfaction of the commission, the applicant's desire to meet the requirements of this part or the rules promulgated pursuant to this part to the satisfaction of the commission and if, in the judgment of the commission, the applicant may reasonably meet the requirements and criteria within that time.
(b)
(1)
Institution authorization or program registration may be revoked or made conditional as necessary to achieve compliance, or to protect the public interest, at any time after its issuance, if the commission or executive director has reasonable cause to believe that the holder of the institution authorization or program registration has violated, or is violating, this part or any rules promulgated pursuant to this part.
(2)
The commission may direct the institution to cease admission of additional students at the institution, or may direct other action as necessary, until, in the judgment of the commission, the institution is being maintained and operated in compliance with minimum standards. This section shall not be construed to absolve institutions of their educational and financial obligations to prospective or enrolled students.
Amended by 2022 Tenn. Acts, ch. 1044, s 18, eff. 7/1/2022.
Acts 1961, ch. 112, §§ 11-13; 1974, ch. 781, §§ 11-13; T.C.A., §§ 49-3911 -- 49-3913; Acts 1992, ch. 1026, § 4.
2023 Tennessee Code › Title 49 - EDUCATION (§§ 49-1-NEW — 49-50-1703) › Chapter 7 - POSTSECONDARY AND HIGHER EDUCATION GENERALLY (§§ 49-7-NEW — 49-7-3003) › Part 20 - POSTSECONDARY EDUCATION AUTHORIZATION ACT OF 1974 (§§ 49-7-2001 — 49-7-2023) › Section 49-7-2011 - Complaints against institution or agent

(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 complaint against the institution or against its agent, or both. A student who files a complaint pursuant to this subsection (a) must first exhaust the grievance process at the institution.
(2)
The complaint must set forth the alleged violation and must contain any other information required by the commission.
(3)
The commission may open a complaint at its discretion or upon a request from the attorney general and reporter whenever it appears to the commission that a person, agent, group, or entity is, is about to, or has been violating this part or any of the rules promulgated pursuant to this part.
(b)
(1)
Commission staff shall investigate all complaints filed or opened pursuant to subsection (a) and shall attempt to effectuate resolution of the complaint by persuasion and conciliation.
(2)
When resolution is not reached and if, based on all of the evidence obtained through the investigation, commission staff finds that a person, agent, group, or entity is, is about to, or has been violating this part or any of the rules promulgated pursuant to this part, commission staff may recommend that the executive director take action as provided for in §§
49-7-2010
and
49-7-2017
. A party to the complaint must be provided an opportunity to show cause why the recommendations, if any, should not be forwarded to the executive director. The opportunity to show cause must detail the basis for the findings and provide a party with no fewer than ten (10) days to respond.
(3)
The executive director shall act on the recommendation after the time for response in subdivision (b)(2) has expired by providing written notice of the decision to all parties to the complaint. The notice must explain the right to a hearing and review of the decision by the commission as provided in §
49-7-2012(a)
.
(c)
This section shall not be construed to prohibit the use of nonbinding mediation to settle disputes arising between a postsecondary educational institution and its enrollees, nor the inclusion of a nonbinding mediation clause in enrollment contracts or agreements.
Amended by 2022 Tenn. Acts, ch. 1044, s 19, eff. 7/1/2022.
Acts 1961, ch. 112, § 14; 1974, ch. 781, § 14; T.C.A., § 49-3914; Acts 1992, ch. 1026, § 5.
2023 Tennessee Code › Title 49 - EDUCATION (§§ 49-1-NEW — 49-50-1703) › Chapter 7 - POSTSECONDARY AND HIGHER EDUCATION GENERALLY (§§ 49-7-NEW — 49-7-3003) › Part 20 - POSTSECONDARY EDUCATION AUTHORIZATION ACT OF 1974 (§§ 49-7-2001 — 49-7-2023) › Section 49-7-2014 - Fees

(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 to administer this part.
(c)
The fees collected by the commission must accompany an application for authorization of an institution, or other application or request, in accordance with the schedule set out in the rules promulgated pursuant to this chapter. All fees must be stated as a flat fee.
(d)
Eligible institutions pursuing optional expedited authorization from the commission shall be subject to a flat annual fee collected by the commission and shall be exempt from all other fees under this part.
Amended by 2022 Tenn. Acts, ch. 1044, s 24, eff. 7/1/2022.
Amended by 2022 Tenn. Acts, ch. 1044, s 23, eff. 7/1/2022.
Amended by 2016 Tenn. Acts, ch. 868, s 7, eff. 10/1/2016.
Amended by 2016 Tenn. Acts, ch. 868, s 6, eff. 10/1/2016.
Acts 1961, ch. 112, § 17; 1974, ch. 781, § 17; T.C.A., § 49-3917; Acts 1989, ch. 425, §§ 15-17; 1992, ch. 1026, § 6; 2006, ch. 766, § 6.
2023 Tennessee Code › Title 49 - EDUCATION (§§ 49-1-NEW — 49-50-1703) › Chapter 7 - POSTSECONDARY AND HIGHER EDUCATION GENERALLY (§§ 49-7-NEW — 49-7-3003) › Part 20 - POSTSECONDARY EDUCATION AUTHORIZATION ACT OF 1974 (§§ 49-7-2001 — 49-7-2023) › Section 49-7-2015 - Student loans

(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 relating to the contract, is entered into, this subsection (a) shall govern the rights of the parties to the contract or evidence of indebtedness.
(2)
In such event the following agreements entered into in connection with the contract or the giving of such evidence of indebtedness are invalid:
(A)
That the law of another state shall apply;
(B)
That the maker or any person liable on such contract or evidence of indebtedness consents to the jurisdiction of another state;
(C)
That another person is authorized to confess judgment on the contract or evidence of indebtedness; or
(D)
That fixes venue.
(3)
A note, instrument, or other evidence of indebtedness or contract relating to payment for education or educational services shall not be enforceable in the courts of this state by any postsecondary educational institution engaged in activities or operations in this state unless the institution is authorized under this part.
(b)
(1)
For purposes of this subsection (b), "lending agency" means any postsecondary educational institution, or any person, group or entity controlling, controlled by or held in common ownership with the institution, or regularly loaning money to, or to students of, the institution.
(2)
Any lending agency extending credit or loaning money to any person for tuition, fees or any charges whatever of a postsecondary educational institution for educational or other services or facilities to be rendered or furnished by the institution, shall cause any note, instrument or other evidence of indebtedness taken in connection with the loan or extension of credit to be conspicuously marked on the face of the note, instrument or other evidence of indebtedness, "Student Loan." A lending agency that fails to do so is liable for any loss or damage suffered or incurred by any subsequent assignee, transferee or holder of the evidence of indebtedness on account of the absence of the notation.
Amended by 2022 Tenn. Acts, ch. 1044, s 25, eff. 7/1/2022.
Acts 1961, ch. 112, §§ 19, 20; 1974, ch. 781, §§ 19, 20; T.C.A., §§ 49-3919, 49-3920.