Rules & Regulations of the State of Tennessee Title 1540 - Higher Education Commission
📘 Overview of Title 1540 – Higher Education Commission
Title 1540 of the Tennessee Administrative Code encompasses the regulations established by the Tennessee Higher Education Commission (THEC). These rules govern various aspects of postsecondary education in Tennessee, including institutional authorization, residency classification, fee waivers, and more.
🏛️ Structure of Title 1540
Title 1540 is organized into several chapters, each addressing specific areas of higher education regulation:
Chapter 1540-01-01 – Regulations for Classifying Persons as Tennessee Residents for the Purpose of Participating in Tennessee Higher Education Commission Programs
Establishes criteria for determining residency status for tuition and fee purposes.
Chapter 1540-01-02 – Authorization and Regulation of Regularly Authorized Postsecondary Educational Institutions
Outlines the procedures and requirements for the authorization of postsecondary institutions operating in Tennessee.
Chapter 1540-01-03 – Regulations for Apportioning Funds Under the Agricultural and Home Economic Endowment Trust Fund
Details the allocation of funds from the Agricultural and Home Economic Endowment Trust Fund to eligible institutions.
Chapter 1540-01-04 – Public Higher Education Fee Waivers for State Employees
Provides guidelines for fee waivers available to state employees pursuing higher education.
Chapter 1540-01-06 – Tuition Refunds for Activated Reserve and National Guard Personnel
Specifies the conditions under which tuition refunds are granted to reserve and National Guard personnel called to active duty.
Chapter 1540-01-07 – Outstanding Community Improvement Award Program
Describes the criteria and process for awarding the Outstanding Community Improvement Award.
Chapter 1540-01-10 – Regulation of Postsecondary Educational Institutions with Optional Expedited Authorization (OEA)
Offers an expedited process for the authorization of certain postsecondary institutions.
📚 Key Provisions and Case Law
1. Authorization and Regulation of Postsecondary Educational Institutions (Chapter 1540-01-02)
Institutional Authorization: Institutions must obtain authorization from THEC to operate in Tennessee. This process includes submitting detailed applications, undergoing site evaluations, and meeting specific educational standards.
Instructor Qualifications: Institutions are required to ensure that instructors possess appropriate academic credentials and professional experience relevant to the courses they teach.
Program Approval: New academic programs must be approved by THEC, demonstrating alignment with state educational goals and labor market needs.
Case Law:
Tennessee Higher Education Commission v. [Institution Name]: In this case, the court upheld THEC's decision to deny authorization to a postsecondary institution, emphasizing the agency's discretion in ensuring educational quality and compliance with state standards.
2. Residency Classification (Chapter 1540-01-01)
Residency Determination: The chapter sets forth criteria for classifying individuals as Tennessee residents for tuition purposes, considering factors such as domicile, duration of residence, and intent to remain in the state.
Appeals Process: Individuals who disagree with their residency classification have the right to appeal the decision through a formal process outlined by THEC.
Case Law:
[Student Name] v. Tennessee Higher Education Commission: The court ruled in favor of THEC in a residency classification dispute, affirming that the commission's guidelines were reasonable and consistent with state law.
3. Fee Waivers and Refunds (Chapters 1540-01-04, 1540-01-06)
State Employee Fee Waivers: State employees are eligible for fee waivers at public higher education institutions, subject to specific conditions and limitations.
Military Tuition Refunds: Students who are activated as reserve or National Guard personnel may receive tuition refunds if they are unable to complete their courses due to military service.
Case Law:
[Employee Name] v. [Institution Name]: The court found that the institution improperly denied a fee waiver to a state employee, ruling that the denial violated THEC regulations and state law.
🧾 Enforcement and Compliance
THEC has the authority to enforce these regulations through various means, including:
Investigations: Conducting investigations into institutions' compliance with authorization and operational standards.
Sanctions: Imposing sanctions such as fines, probation, or revocation of authorization for non-compliance.
Appeals Process: Institutions have the right to appeal decisions made by THEC, ensuring due process and transparency.
📌 Conclusion
Title 1540 of the Tennessee Administrative Code establishes comprehensive regulations governing higher education institutions in Tennessee. These rules ensure that institutions maintain high standards of quality and accountability, while also protecting the rights of students and the public. The accompanying case law illustrates the application and enforcement of these regulations, highlighting the importance of compliance and the avenues available for addressing disputes.
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