§ 49-7-2006 — Minimum standards for authorization

(a) An authorized postsecondary educational institution must be maintained and operated, or, in the case of a new institution, demonstrate that it can be maintained and operated, in compliance with the following minimum standards: (1) The content of each course or program of instruction, training, or study may reasonably and adequately achieve the stated objective for which the course or program is offered; (2) The institution has adequate space, equipment, instructional materials, and personnel; (3) The education and experience qualifications of directors, administrators, supervisors, and instructors may reasonably ensure that the students will receive education consistent with the objectives of the course or the program of study; (4) Prior to signing an enrollment agreement, the institution provides prospective students a catalog containing information describing the programs offered by the institution; the objectives of the programs; the length of the programs; the schedule of tuition, fees, and all other charges and expenses necessary for completion of a course of study; the institution's cancellation and refund policies; and other material facts concerning the institution and the programs or courses of study that are reasonably likely to affect the decision of the student to enroll in the institution, together with any other disclosures specified by the commission or defined in the commission's rules; (5) Upon satisfactory completion of instruction, the student is given appropriate educational credentials by the institution, indicating that the student has satisfactorily completed the course or program of study; (6) Adequate records are maintained by the institution to show attendance, progress, or grades, and that satisfactory standards are enforced relating to attendance, progress, and performance; (7) The institution is maintained and operated in compliance with all pertinent ordinances and laws, including any rules and regulations adopted pursuant to the ordinances and laws, relative to zoning and the safety and health of persons upon the premises; (8) The institution is financially sound and capable of fulfilling its commitments to students; (9) Neither the institution nor its agents engage in advertising, sales, collection, credit, or other practices of any type that are false, deceptive, misleading, or unfair; (10) The institution has a fair and equitable cancellation and refund policy; and (11) No principal party involved in the applicant institution has ever been associated as a principal party or owner in any postsecondary educational institution that ceased its activities or operations with a resulting loss of time or money for enrollees in the institution. (b) (1) For postsecondary educational institutions, accreditation by an accrediting agency recognized by the United States department of education may be accepted by the commission as evidence of compliance with the minimum standards established under this section and the criteria to be established under § 49-7-2005(a) ; provided, that the commission may require further evidence and make further investigation that in its judgment may be necessary. (2) Accreditation by a recognized accrediting agency may be accepted as evidence of compliance only as to the portion or program of an institution accredited by the agency if the institution as a whole is not accredited. (c) The commission is not required to authorize an institution under this chapter, if, in its judgment, adequate provisions for the institution or its programs exist within the proposed service area. The commission is not required to authorize an institution, if, in its judgment, there is insufficient evidence that adequate employment opportunities exist in the related occupations for persons successfully completing the institution's programs, or if the costs of a program are unreasonable in relation to the reasonably expected earnings in occupations for which the program is designed.

Legislative History

Amended by 2022 Tenn. Acts, ch. 1044, s 14, eff. 7/1/2022. Amended by 2022 Tenn. Acts, ch. 1044, s 13, eff. 7/1/2022. Amended by 2016 Tenn. Acts, ch. 868, s 9, eff. 10/1/2016. Amended by 2016 Tenn. Acts, ch. 868, s 8, eff. 10/1/2016. Acts 1961, ch. 112, § 7; 1974, ch. 781, § 7; 1976, ch. 802, § 2; T.C.A., § 49-3907; Acts 1989, ch. 425, § 5; 1992, ch. 1026, § 3; 1998, ch. 695, §§ 8, 9.