Rules of the Tennessee Higher Education Commission — Introduction

RULES OF THE TENNESSEE HIGHER EDUCATION COMMISSION 404 James Robertson Parkway Suite 1900 Parkway Towers Building Nashville, Tennessee 37219-5380 Chapter Title

1540-01-01 ………………Regulations for Classifying Persons as Tennessee Residents for the Purpose of Participating in Tennessee Higher Education Commission Programs

1540-01-02 …………….............…Authorization and Regulation of Regularly Authorized Postsecondary Educational Institutions

1540-01-03 ………..………………Regulations for Apportioning Funds Under the Agricultural and Home Economic Endowment Trust Fund

1540-01-04 ………..….……………………...…………………………Public Higher Education Fee Waivers for State Employees

1540-01-05 ………..…..……….……………………………………………………………………..…Repealed

1540-01-06 …………..……………Tuition Refunds for Activated Reserve and National Guard Personnel

1540-01-07 ………..………………….…………………………..Community Service Recognition Programs

1540-01-08 ………………………………………Regulations of the State Postsecondary Review Program

1540-01-09 ………......................................................................................................................Repealed

1540-01-10 ............................................................................. Regulation of Postsecondary Educational Institutions with Optional Expedited Authorization (OEA)

1540-01-11 …………………………………………………………………………...Access to Public Records

1540-01-12 ….Public Higher Education Fee Discounts for Children of Licensed Public School Teachers

1540-01-13 …………………….Public Higher Education Fee Discounts for Children of State Employees

1540-01-14 ……………………………………………..State Authorization Reciprocity Agreement (SARA)

ADMINISTRATIVE HISTORY Original chapter 1540-01-01 was filed March 26, 1974, and became effective April 24, 1974. The

Administrative History following each rule gives the date on which the rule was filed and its effective date, if promulgated after March 11, 1974. The Administrative History also shows the date of any amendment or repeals. Original chapter 1540-01-02 filed March 26, 1975; effective July 1, 1975. Amendment to rules 1540-01-02-.01 through 1540-01-02-.10 filed August 7, 1978; effective November 29, 1978. Amendment to rules 1540-01-02-.04 and 1540-01-02-.05 filed September 15, 1980; effective December 1, 1980. Repeal and new rules 1540-01-02-.01 through 1540-01-02-.15 filed May 15, 1985; effective July 1, 1985. Repeal and new chapter 1540-01-01 filed September 29, 1988; effective December 28, 1988. Original

1540-01-03 filed September 29, 1988; effective December 28, 1988. Repeal and new chapter 1540-01-02 filed January 24, 1990; effective May 1, 1990. Original chapters 1540-01-04 and 1540-01-05 filed September 6, 1990; effective December 29, 1990. Original chapter 1540-01-06 and 1540-01-07 filed December 3, 1991; effective March 30, 1992. Original rules 1540-01-02-.16 through 1540-01-05-.02 and 1540-01-05-.03 filed October 27, 1992; effective January 28, 1993. Amendments to rules 1540-01-05-.01, 1540-01-05-.02, and 1540-01-05-.03 filed October 27, 1992; effective January 28, 1993. Amendments to rules 1540-01-02-.01 through 1540-01-02-.06, 1540-01-02-.08 through 1540-01-02-.15 and 1540-01-02-.18; and original rules 1540-01-02-.16 and 1540-01-02-.17 filed December 15, 1992; effective March 31, 1993. Amendment to rule 1540-01-02-.04 filed March 17, 1993; effective June 29, 1993. Amendment to rule 1540-01-05-.02 and 1540-01-05-.03 filed April 4, 1994; effective August 28, 1994. Original chapter 1540-01-08 filed August 29, 1994; effective December 29, 1994. Repeal and new rule 1540-01-02 filed June 19, 1998; effective October 28, 1998. Repeal of rule 1540-01-08 and Amendment to rules 1540-01-02-.03, 1540-01-02-.05, 1540-01-02-.22,

1540-01-02-.24, and 1540-01-05-.01 filed February 3, 2000; effective June 28, 2000. Amendment to rule 1540-01-01-.05 filed July 30, 2001; effective November 28, 2001. Original rules 1540-01-09-.01 through 1540-01-09-.03 filed August 14, 2003; effective December 29, 2003. Repeal and new chapter 1540-01-04 filed August 31, 2004; effective December 29, 2004. Repeal and new chapter 1540-01-05 filed August 31, 2004; effective December 29, 2004. Public necessity rules amending rules 1540-01-04 -.01 and 1540-01-05-.01 filed June 3, 2005; effective through November 15, 2005. Public necessity rule amending rule 1540-01-05-.01 filed September 1, 2005; effective through February 13, 2006. Amendment to rules 1540-01-04-.01 and 1540-01-05-.01 filed June 3, 2005; effective October 28, 2005. Amendment to rule 1540-01-05-.01 filed September 1, 2005; effective January 27, 2006. Repeal and new rules 1540-01-02-.03, 1540-01-02-.07, 1540-01-02-.09, 1540-01-02-.24, and 1540-01- 02-.25; and amendments to rules 1540-01-02-.02, 1540-01-02-.05, 1540-01-02-.06, 1540-01-02-.08,

1540-01-02-.10, 1540-01-02-.11, 1540-01-02-.12, 1540-01-02-.13, 1540-01-02-.14, 1540-01-02-.15,

1540-01-02-.16, 1540-01-02-.18, 1540-01-02-.19, 1540-01-02-.20, 1540-01-02-.21, 1540-01-02-.22, and

1540-01-02-.23 filed June 6, 2008; declared void and of no effect pursuant to Davidson County Chancery Court’s October 2011 order. See also Attorney General’s Opinion 11-78. Amendment to rule 1540-01-02-.25 filed May 14, 2009; effective July 28, 2009. Emergency rules 1540-01-09-.01 through 1540-01-09-.03 and new rule 1540-01-09-.04 filed September 3, 2013; effective through March 2, 2014. Amendments to rules 1540-01-02-.02, 1540-01-02-.03, 1540-01-02-.06, 1540-01-02-.09, 1540-01-02-.10,

1540-01-02-.11, 1540-01-02-.12, 1540-01-02-.13, 1540-01-02-.14, 1540-01-02-.15 1540-01-02-.16, 1540- 01-02-.18, 1540-01-02-.19, 1540-01-02-.20, 1540-01-02-.21, 1540-01-02-.24, and 1540-01-02-.23, and repeal and new rules 1540-01-02-.05, 1540-01-02-.07, and 1540-01-02-.08, and original rule 1540-01-02- .26 filed April 1, 2013; to have been effective September 28, 2013. A petition for a rulemaking hearing was filed June 26, 2013. A withdrawal of the rules was filed by the Tennessee Higher Education Commission on July 26, 2013. Amendments to rules 1540-01-09-.01, 1540-01-09-.02, 1540-01-09-.03, and 1540-01-09-.04 filed September 3, 2013; effective February 28, 2014. Amendments to rules 1540-01-05-.01 and .02 filed October 17, 2013; effective March 31, 2014. Amendments to rules 1540-01-02-.03, 1540-01-02-.05, 1540-01-02-.08, 1540-01-02-.11, 1540-01-02-.13,

1540-01-02-.14, 1540-01-02-.16, and 1540-01-02-.19, and repeal and new rule 1540-01-02-.07, and original rule 1540-01-02-.26 filed September 2, 2014; effective December 1, 2014. However the Government Operations Committee filed a 30-day stay of the amendment on November 19, 2014; new effective date December 31, 2014. The Tennessee Higher Education Commission withdrew the rule on December 10, 2014. Emergency rules 1540-01-02-.01 through 1540-01-02-.26 and 1540-01-10-.01 through 1540-01-10-.09 filed August 15, 2016; effective October 3, 2016 through April 1, 2017. Repeal and new rules 1540-01-02-.01 through 1540-01-02-.26 and new rules 1540-01-10-.01 through

1540-01-10-.09 filed December 21, 2016; effective March 21, 2017. Amendments to rules 1540-01-05-.01 and 1540-01-05-.04 filed March 7, 2018; effective June 5, 2018. Amendments to rules 1540-01-04-.01 through 1540-01-04-.05 filed March 7, 2018; effective June 5, 2018. Repeal of rules 1540-01-09-.01 through 1540-01-09-.04 filed March 20, 2018; effective June 18, 2018. Original rules 1540-01-11-.01 through 1540-01-11-.07 filed July 17, 2019; effective October 15, 2019. Original rules 1540-01-12-.01 through 1540-01-12-.04, original rules 1540-01-13-.01 through 1540-01-13- .04, and repeal of rules 1540-01-05-.01 through 1540-01-05-.04 filed March 26, 2020; effective June 24, 2020. New rules 1540-01-14-.01 through 1540-01-14-.03 filed March 30, 2021; effective June 28, 2021. Emergency rules 1540-01-02-.02 through 1540-01-02-.07, 1540-01-02-.09, 1540-01-02-.14 through 1540- 01-02-.16, 1540-01-02-.18, 1540-01-02-.19, 1540-01-02-.21 through 1540-01-02-.23, 1540-01-02-.25, and 1540-01-10-.01 through 1540-01-10-.09 filed June 29, 2022; effective July 1, 2022 through December 28, 2022. Amendments to rules 1540-01-02-.01 through 1540-01-02-.26 and 1540-01-10-.01 through 1540-01-10- .09 filed September 30, 2022; effective December 29, 2022. Amendments to rules 1540-01-02-.25 and 1540-01-10-.09 filed January 27, 2025; effective April 27, 2025.