Tennessee Higher Education Commission

Pursuant to the Tennessee Higher Education Authorization Act of 2016 (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.), THEC also serves as the State Authorization Reciprocity Agreement Entity. The division within THEC that staffs these functions is the Division of Postsecondary State Authorization (DPSA).

_____ 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 approval. 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.

No

No response provided

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

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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 Topic 4 a. above.

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Physical presence is always considered; however, physical presence in Tennessee does not include merely enrolling a student into a distance education program. See Rules 1540-01-02-.03(42) and .04 and Distance Education Authorization Requirements.

Yes, physical presence is always considered. See Rules 1540-01-02-.03(42) and .04 and Distance Education Authorization Requirements.

Physical presence is always considered; however, physical presence in Tennessee does not include merely enrolling a student into a distance education program. See Rules 1540-01-02-.03(42) 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 an instructional site 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.

See Rules 1540-01-02-.03(42) and .04 and Distance Education Authorization Requirements.

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When a complaint is filed with THEC/DPSA 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/DPSA will proceed with its investigation. THEC/DPSA 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/DPSA is responsible for the entire process.

Request for Complaint Review (tn.gov)

Contact Name: Julie M. Woodruff

Title:  Assistant Executive Director and Lead Attorney

Agency: Tennessee Higher Education Commission, DPSA

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

Email: julie.woodruff@tn.gov

Phone: (615) 253-8857

URL:

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THEC accepts complaints from anyone in regard to regularly authorized institutions. THEC accepts only student complaints against optionally expedited authorized institutions that have not been resolved at the institution level. Any investigation and settlement discussions will continue in accordance with Rule 1540-01-02-.19(9) or Rule 1540-01-10-.07.

THEC/DPSA is responsible for the entire process.

No. 

Contact Name: Julie M. Woodruff

Title:  Assistant Executive Director and Lead Attorney

Agency: Tennessee Higher Education Commission, DPSA

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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Yes

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

See Tenn. Code Ann. § 49-7-2013 for specific bond requirements.

Yes, Tennessee has a default refund policy for institutions that have regular 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/DPSA data form that will allow THEC/DPSA 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

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 and Rule 1540-01-02-.22.

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

Applications are considered by the Committee on Postsecondary Educational Institutions (CPEI) at its quarterly meetings. The Committee will vote on whether to recommend approval of the institution and related programs to the Tennessee Higher Education Commission. Thereafter, the Commission will vote on the CPEI recommendation at the next Commission quarterly meeting. It is a two-step process, meaning the institution is not authorized until the Commission makes the final determination.

Meeting dates: Committee of Postsecondary Educational Institutions (tn.gov)

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 application fee. 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 indefinitely. When an institution closes, THEC/DPSA requests all transcripts/certificates since the original authorization date and maintains transcript/certificates in a database managed by THEC/DPSA. 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 Committee of Postsecondary Educational Institutions (tn.gov) and Commission Meetings (tn.gov).