Tennessee Higher Education Commission

Pursuant to the Tennessee Higher Education Authorization Act of 2016, as amended (Tenn. Code Ann. § 49-7-2001, et seq.), the Tennessee Higher Education Commission (THEC) is directly responsible for the oversight and operation of degree and non-degree granting accredited and unaccredited institutions that offer a wide variety of academic, career, technical, and trade programs. Pursuant to the State Authorization Reciprocity Agreement Act (Tenn. Code Ann. § 49-7-1501, et seq.). The division within THEC that staffs the authorization process is the Regulatory Compliance Division (RCD). THEC also serves as the State Authorization Reciprocity Agreements (SARA) State Portal Entity. RCD also manages and acts on Exemption Determination Requests.

_____ Public, in-state degree granting institutions
__X__ Public, out-of-state degree granting institutions
__X__ Private, in-state, not-for-profit degree granting institutions
__X__ Private, out-of-state, not-for-profit degree granting institutions (There is an exemption applicable to some – see Tenn. Code Ann. § 49-7-2004(a)(6))
__X__ Private, in-state, for-profit degree granting institutions
__X__ Private, out-of-state, for-profit degree granting institutions
__X__ Public, in-state, non-degree granting institutions
__X__ Public, out-of-state, non-degree granting institutions
__X__ Non-degree, not-for profit institutions
__X__ Non-degree, for-profit institutions
__X__ Religious institutions (There is an exemption that is applicable to eleemosynary institutions – see Tenn. Code Ann. § 49-7-2004(a)(4))
__X__ Tribally-controlled institutions (See Comment)
__X__ Federal Institutions (See Comment)
_____ Municipal institutions

____ Institution _____ Program ___X__ Both

Private, in-state, not-for-profit degree granting institutions and private, out-of-state, not-for-profit degree granting institutions may be exempt pursuant to Tenn. Code Ann. § 49-7-2004(a)(6). Some religious institutions may be exempt pursuant to Tenn. Code Ann. § 49-7-2004(a)(4). THEC has not addressed authorization of tribally–controlled or federal institutions.

Institutions seeking regular authorization must apply for institution authorization and program registration. Institutions seeking optional expedited authorization (OEA) only apply for institution authorization. THEC maintains an inventory of OEA programs and requires proof of subject matter expert agency approval, where applicable, but does not approve OEA programs.

Optional expedited authorization is available only to accredited institutions. Regular authorization is available to unaccredited and accredited institutions.

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Accreditation Required for:
____ Public, out-of-state degree granting institutions
____ Private, in-state, not-for-profit degree granting institutions
____ Private, out-of-state, not-for-profit degree granting institutions
____ Private, in-state, for-profit degree granting institutions
____ Private, out-of-state, for-profit degree granting institutions
____ Public, in-state, non-degree granting institutions
____ Public, out-of-state, non-degree granting institutions
____ Non-degree, not-for profit institutions
____ Non-degree, for-profit institutions
____ Religious institutions
____ Tribally-controlled institutions
____ Federal Institutions
____ Municipal institutions

Accreditation is not required for general institution types as listed in b.

Yes, see Tenn. Code Ann. § 49-7-2004 and Rule 1540-01-02-.05.

Tennessee has multiple exemptions. Please see the links at Topic 4 a. for details.

See Tenn. Code Ann. § 49-7-2004 and Rule 1540-01-02-.05.

If after reviewing the statutes and rules, an institution believes that the training meets the requirements of one or more of the enumerated exemptions, no further action is required, unless the institution wants an exemption determination. Per statute an institution is exempt if it meets the terms of the statutory exemption. That being said, third parties may want to see a formal exemption determination, so THEC offers this service.

If an institution wants to request a formal exemption determination you must complete the Exemption Determination Request form and pay the $100 fee. THEC will then approve or deny the request. Rule 1540-01-02-.07(10) describes the process for reviewing requests.

No, physical presence is always considered.

Yes, physical presence is always considered. See Rules 1540-01-02-.03(40) and .04 and Distance Education Authorization Requirements.

No, physical presence is always considered; however, physical presence in Tennessee does not include merely enrolling a student into a correspondence study program. See Rules 1540-01-02-.03(40) and .04 and Distance Education Authorization Requirements.

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“Physical presence” means presence within the state of Tennessee for the purpose of conducting activity related to a postsecondary educational institution as given in T.C.A. § 49-7-2007. Physical presence as further outlined for purposes of authorization shall include but not be limited to: (a) Operating a location within the state; (b) Offering instruction within or originating from Tennessee designed to impart knowledge with response utilizing teachers, trainers, counselors or computer resources, computer linking, or any form of electronic means; (c) Granting an educational credential from a location within the state; (d) Using an agent, recruiter, institution, or business that solicits for enrollment or credits or for the award of an educational credential; or (e) Advertising, disseminating promotional material or conducting public solicitation in any form that targets Tennessee residents or uses local advertising markets in the state for institutions seeking, holding, or required to be authorized by the Commission. Physical presence does not include field trips, sanctioned sports recruiting activities, or college fairs or other assemblies of institutions in Tennessee. As to college fairs or assemblies, an institution may not enroll an individual, allow an individual to sign any agreement obligating the person to the institution, accept any moneys from the individual, or follow-up with an individual by means of an in-person meeting in Tennessee.

See Rules 1540-01-02-.03(40) and Distance Education Authorization Requirements.

Rule 1540-01-02-.03(29) defines “field trip” as a congregation of students and instructors at a location in Tennessee for instruction in the subject of enrollment for not more than three (3) calendar days. Such field trips may not occur more than three (3) times a year in the same program.

When a complaint is filed with THEC/RCD about SARA participating institutions, the preliminary determinations are whether the complaint process was exhausted at the institution, the complaint is filed with the correct State Portal Entity, the subject-matter falls within the purview of SARA, and the complaint is timely filed. If all questions are answered yes, then THEC/RCD will proceed with its investigation. THEC/RCD will request any clarifying information deemed necessary from the complainant and thereafter request a response from the institution. From there, the investigation and settlement discussions will continue in accordance with Tenn. Code Ann. § 49-7-1506.

THEC/RCD is responsible for the entire process.

Request for Complaint Review (tn.gov)

Contact Name: Julie M. Woodruff

Title:  Senior Compliance Counsel

Agency: Tennessee Higher Education Commission, Regulatory Compliance Division

Address: 312 Rosa Parks Ave., 9th Floor, Nashville, TN 37243

Email: julie.woodruff@tn.gov

Phone: (615) 253-8857

URL: Request for Complaint Review (tn.gov)

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THEC accepts complaints from anyone against regularly authorized institutions. THEC accepts only student complaints against optionally expedited authorized institutions. All student complaints must exhaust the grievance process at the institution level. Any investigation and settlement discussions will continue in accordance with Rule 1540-01-02-.19(8) or Rule 1540-01-10-.07.

THEC/RCD is responsible for the entire process.

Generally, the answer is no. However, if an institution seeks authorization and THEC staff is aware of an outstanding complaint against the institution, then the institution must resolve the complaint to the satisfaction of Commission staff before an initial application will be reviewed.

Contact Name: Julie M. Woodruff

Title:  Senior Compliance Counsel

Agency: Tennessee Higher Education Commission, Regulatory Compliance Division

Address: 312 Rosa Parks Ave., 9th Floor, Nashville, TN 37243

Email: julie.woodruff@tn.gov

Phone: (615) 253-8857

URL: Request for Complaint Review (tn.gov)

Request for Complaint Review (tn.gov)

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Yes

Surety Bond for Postsecondary Educational Institutions.pdf (tn.gov)

See Tenn. Code Ann. § 49-7-2013 for specific bond requirements. For more information about bond requirements, contact Marcie Mills at marcie.mills@tn.gov.

Yes, Tennessee has a default refund policy for institutions that have regular authorization. See Rule 1540-01-02-.17. There is no default refund policy for institutions with optional expedited authorization.

Accredited and unaccredited institutions that offer credentials from certificates to doctoral degrees are eligible to apply for regular authorization. Only accredited institutions are eligible for optional expedited authorization.

See Rule 1540-01-02-.17.

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Yes, Tennessee has a tuition guarantee fund (TGF). See Tenn. Code Ann. § See 49-7-2018. Fund monies are available to students who reside in Tennessee or attend an authorized location with a Tennessee address when those students are enrolled at an institution that closes without fulling educational obligation to students.

The TGF applies to all institutions authorized through the Tennessee Higher Education Authorization Act of 2016 (Tenn. Code Ann. § 49-7-2001, et seq.).

There is no specific link. However, when an institution closes and it is believed that students may have TGF claims, information is posted under Institution Closure Information.

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All authorized institutions shall provide student-level statistical data on a THEC data form that will allow THEC to calculate the following statistical information by institution and program: (a) enrollment count; (b) demographic statistics; (c) withdrawal rates; (d) completion rates; (e) number of credentials awarded; (f) categories of credentials awarded; (g) placement rates; (h) in-field placement rates; and (i) average time to completion. See Rule 1540-01-02-.18 and Rule 1540-01-10-.01.

Data shall include all students enrolled at the institution between the twelve (12) months beginning July 1 and ending June 30 of the year prior to the report.

Yearly on October 15 or the next business day if October 15 falls on a state holiday or weekend.

THEC publishes the results of its calculations on its website except that withdrawal, completion, placement, and in-field placement rates are not reported for programs with ten (10) or fewer students.

Institutions submit data by uploading an Excel spreadsheet to a secure web portal. Thus, there is no specific link. Final reports can be found at Authorized Institutions and Data (tn.gov).

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Generally, THEC can assess fines, change authorization to conditional, or revoke authorization. See Tenn. Code Ann. §§ 49-7-2010, 2017, and 2022(i) and Rule 1540-01-02-.22 and Rule 1540-01-10-.06.

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To begin the authorization process, you must either attend the Initial Authorization Application Training; complete an Initial Authorization Application and any related applications, such as Program Registration Requests, or an Application for Optional Expedited Authorization; pay all required fees; secure the required bonds; receive a successful site visit report, if required; and meet all minimum standards. Institutions seeking regular authorization must also complete online training after Commission approval.

Applications: DPSA Links and Forms (tn.gov)

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Yes

For regular authorization there is a $3000 initial authorization application fee and $500 per program registration request. Additional fee schedule information is available at Rule 1540-01-02-.25.

For Optional Expedited Authorization there is an annual $9000 application fee.

For regular authorization see Rule 1540-01-02-.25.

For Optional Expedited Authorization see Rule 1540-01-10-.09.

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Tennessee requires institutions to retain transcripts/certificates for the life of the institution. When an institution closes, THEC requests all transcripts/certificates since the original authorization date and maintains transcript/certificates in a database managed by THEC. Note that a new owner is responsible for the transcripts/certificates of the purchased institution.

• Agency Name: Tennessee Higher Education Commission (THEC)
• Contact Person:
• Contact Phone: (615) 741-5293
• Contact Address:
• Contact Email:
• Contact web site: Academic Transcripts (tn.gov)

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Important dates are available at Commission Meetings (tn.gov). Training dates are available at Application Due Dates, Deadlines, and Meeting Dates (tn.gov).