Tennessee 2025-2026 Regular Session

Tennessee House Bill HB1227 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1
2	2		SENATE BILL 1368
3	3		By Watson
4	4
5	5		HOUSE BILL 1227
6		-	By ~~Hicks G~~
	6	+	By Lafferty
7	7
8	8
9	9		HB1227
10	10		002704
11	11		- 1 -
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13	13		AN ACT to amend Tennessee Code Annotated, Title 49,
14	14		relative to higher education.
15	15
16	16		BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
17	17		SECTION 1. Tennessee Code Annotated, Section 49-4-902, is amended by deleting
18	18		subdivision (33)(B) and substituting instead the following:
19	19		(B) Culminates in an industry certification, registered apprenticeship,
20	20		occupational licensure, or certificate, but does not include participation in, or completion
21	21		of, a program of professional development, continuing education, exam preparation, or
22	22		similar objectives;
23	23		SECTION 2. Tennessee Code Annotated, Section 49-7-154, is amended by deleting the
24	24		section and substituting instead the following:
25	25		(a) Notwithstanding any law to the contrary, an application for a position of chief
26	26		executive officer of a public institution of higher education, materials submitted with an
27	27		application, letters of recommendation or references concerning an applicant, and any
28	28		other records or information relating to or arising out of the process of searching for and
29	29		selecting an individual for a position of chief executive officer of a public institution of
30	30		higher education must be treated as confidential and are not open for public inspection,
31	31		if the records could be used to identify a candidate for the position; provided, however,
32	32		that after a search committee has selected candidates as finalists for a position of chief
33	33		executive officer of a public institution of higher education, which must occur no later
34	34		than fifteen (15) calendar days before the final vote of the governing board or
35	35		commission to appoint or elect a person to fill the position, a record relating exclusively
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40	40		to the candidates selected as finalists is not confidential and must be open for public
41	41		inspection, except for a record otherwise confidential under state or federal law. This
42	42		section does not apply to information relating to a candidate who did not expressly
43	43		request that the candidate's information be kept confidential.
44	44		(b) As used in this section:
45	45		(1) "Chief executive officer of a public institution of higher education"
46	46		includes:
47	47		(A) The president of the University of Tennessee system;
48	48		(B) The chancellor of the state university and community college
49	49		system;
50	50		(C) A chancellor of a University of Tennessee campus or institute;
51	51		(D) A president or director of an institution of the state university
52	52		and community college system; and
53	53		(E) The executive director of the Tennessee higher education
54	54		commission; and
55	55		(2) "Finalists" means no fewer than three (3) candidates selected by a
56	56		search committee as the group from which one (1) or more candidates must be
57	57		recommended to the governing board or commission.
58	58		(c)
59	59		(1) Notwithstanding subsections (a) and (b), a search committee may
60	60		select up to three (3) candidates to be recommended to the governing board or
61	61		commission for the following positions:
62	62		(A) A president of a locally governed state university;
63	63		(B) The president of the University of Tennessee system;
64	64		(C) A chancellor of a University of Tennessee campus or institute;
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66	66
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69	69		(D) The chancellor of the Tennessee board of regents;
70	70		(E) A president of a community college;
71	71		(F) A president or director of a Tennessee college of applied
72	72		technology; or
73	73		(G) The executive director of the Tennessee higher education
74	74		commission.
75	75		(2) Prior to initiating a search to fill a position listed in subdivision (c)(1),
76	76		the governing board or commission must hold a meeting that is open to the
77	77		public and subject to the requirements of title 8, chapter 44, part 1, to establish
78	78		the search process, a timeline, and a statement of qualifications for the position.
79	79		(3) No later than fifteen (15) calendar days before the final vote of the
80	80		governing board or commission to appoint or elect a person to fill a position listed
81	81		in subdivision (c)(1), records relating exclusively to the candidates identified
82	82		pursuant to subdivision (c)(1) must not be treated as confidential and are open
83	83		for public inspection, except for a record otherwise confidential under state or
84	84		federal law.
85	85		(4) No later than seven (7) calendar days before a meeting at which the
86	86		governing board or commission will vote to appoint or approve the appointment
87	87		of a candidate to fill a position listed in subdivision (c)(1), the governing board or
88	88		commission shall hold at least one (1) public forum with the candidate.
89	89		(5) A meeting at which the governing board or commission will vote to
90	90		appoint or approve the appointment of an individual to fill a position identified in
91	91		subdivision (c)(1) must be open to the public and subject to the requirements of
92	92		title 8, chapter 44, part 1.
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97	97		SECTION 3. Tennessee Code Annotated, Section 49-7-202(c), is amended by adding
98	98		the following as a new subdivision:
99	99		( ) Develop and evaluate postsecondary access and career readiness initiatives
100	100		across the state to advise Tennesseans of affordable opportunities for education and
101	101		training, skill development, and credential attainment in alignment with this state's
102	102		education and workforce needs.
103	103		SECTION 4. Tennessee Code Annotated, Section 49-7-202(i), is amended by deleting
104	104		the subsection and substituting instead the following:
105	105		(i) Before any amendment or revision to the outcomes-based funding formula
106	106		model becomes effective, the amendment or revision must be submitted for review and
107	107		recommendation to the education and finance, ways and means committees of the
108	108		senate and the committees of the house of representatives having jurisdiction over
109	109		higher education and annual state appropriations.
110	110		SECTION 5. Tennessee Code Annotated, Section 49-7-202(n), is amended by deleting
111	111		the subsection and substituting instead the following:
112	112		(n)
113	113		(1) The commission shall annually review tuition and other institutional fees
114	114		charged to students attending state institutions of higher education.
115	115		(2)
116	116		(A) Following the review described in subdivision (n)(1), the commission
117	117		shall annually approve a maximum allowable tuition and fee increase policy
118	118		binding upon all public institutions of higher education.
119	119		(B) Notwithstanding subdivision (n)(2)(A), the commission may approve
120	120		separate maximum allowable tuition and fee increases for one (1) or more public
121	121		institutions of higher education that differ from the tuition and fee policy approved
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126	126		pursuant to subdivision (n)(2)(A) if the commission determines that a separate
127	127		tuition and fee policy for an institution is necessary based on the circumstances
128	128		or needs of the respective institution.
129	129		(C) A maximum allowable tuition and fee increase approved by the
130	130		commission must only apply to tuition and fees charged to undergraduate
131	131		students classified as Tennessee residents, commonly referred to as in-state
132	132		tuition or maintenance fees.
133	133		(3) A tuition and fee policy approved by the commission must include two (2)
134	134		approved maximum increases:
135	135		(A) One (1) maximum increase for any proposed modification to the
136	136		current tuition rates; and
137	137		(B) One (1) maximum increase for any proposed modification to the
138	138		combined total amount of tuition and all mandatory fees assessed.
139	139		(4) An institution may adopt tuition and fee adjustments, but shall not exceed the
140	140		maximum increase approved by the commission in the applicable tuition and fee policy.
141	141		(5) Tuition-setting authority for undergraduate students not classified as
142	142		Tennessee residents and all graduate-level students is the sole responsibility of the
143	143		respective institution's governing board.
144	144		(6) Nothing in this subsection (n) prohibits institutions from reducing the total
145	145		tuition and fees charged to students.
146	146		(7) Notwithstanding this subsection (n), no change in tuition or fee policy may be
147	147		made that, in the opinion of the board of regents, might adversely affect compliance with,
148	148		or future borrowings pursuant to, financing agreements with the Tennessee state school
149	149		bond authority.
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154	154		SECTION 6. Tennessee Code Annotated, Section 49-7-202(o), is amended by deleting
155	155		the subsection and substituting instead the following:
156	156		(o) The commission shall establish a formal process, consistent with § 49-7-
157	157		1002, for identifying capital investment needs for consideration by the governor and the
158	158		general assembly as part of the annual appropriations act.
159	159		SECTION 7. Tennessee Code Annotated, Section 49-7-202(q)(2)(A), is amended by
160	160		adding the following language at the end of the subdivision:
161	161		The commission may delegate some or all of its approval powers in this
162	162		subdivision (q)(2) to its executive director. The commission shall develop
163	163		policies and procedures governing the process outlined in this subdivision (q)(2).
164	164		SECTION 8. Tennessee Code Annotated, Section 49-7-202(q), is amended by deleting
165	165		subdivision (3) and substituting instead the following:
166	166		(3) The commission shall review and approve or disapprove all proposals by any
167	167		existing higher education institution to establish a physical presence at any location
168	168		other than its main campus, to extend an existing location that will be utilized for
169	169		administrative purposes, or to offer courses for which academic credit is offered. If the
170	170		new location will create or expand a physical presence outside of this state, then the
171	171		higher education institution shall, through its governing board, file with the commission a
172	172		notice of intent to initiate out-of-state instructional activity prior to the development of the
173	173		proposal. The commission shall, no later than February 15 of each year, report to the
174	174		chairs of the fiscal review committee, the education committee of the senate, and the
175	175		committee of the house of representatives having jurisdiction over higher education of
176	176		any such notices filed in the previous year and the status of that application. The
177	177		commission may delegate its approval powers in this subdivision (q)(3) to its executive
178	178		director. The commission shall develop policies and procedures governing the process
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183	183		outlined in this subdivision (q)(3). This subdivision (q)(3) also applies to state colleges of
184	184		applied technology.
185	185		SECTION 9. Tennessee Code Annotated, Section 49-7-214, is amended by deleting the
186	186		section.
187	187		SECTION 10. This act takes effect upon becoming a law, the public welfare requiring it.