This bill requires the Tennessee higher education commission ("commission") and each governing board of a public institution of higher education in this state to regularly update their rules regarding accreditation to conform with changes made by, and to take advantage of new flexibilities and data sources made available by, the U.S. department of education or by an enactment of the congress of the United States.
By December 31, 2024, this bill requires the following:
(1) The commission to identify and determine the accrediting agencies or associations best suited to serve as an accreditor for public institutions of higher education in this state. Such accrediting agencies or associations must be recognized by the database created and maintained by the United States department of education; and
(2) The commission and each governing board of a public institution of higher education in this state to amend their rules regarding accreditation to ensure that each institution may choose to pursue accreditation by any accreditor recognized by the U.S. department of education for the types of educational programs offered by the institution.
This bill prohibits an accrediting agency or association from compelling a public institution of higher education in this state to violate any state law. Any adverse action taken against any such institution based, in whole or in part, on the institution's compliance with any state law constitutes a violation of this bill that may be enforced in accordance with this bill, but only to the extent that the state law is preempted by a federal law recognizing the necessity of the accreditation standard or requirement.
This bill authorizes a public institution of higher education in this state that is negatively affected by retaliatory or adverse action taken against the institution by an accrediting agency or association to bring a civil action against the accrediting agency or association in a court of competent jurisdiction in this state, and to obtain liquidated damages in the amount of the federal financial aid received by the institution, in addition to the institution's court costs and reasonable attorney fees.
This bill authorizes the commission to promulgate rules, as it deems necessary, to implement this bill.
ON APRIL 1, 2024, THE SENATE ADOPTED AMENDMENT #1 AND PASSED SENATE BILL 2528.
AMENDMENT #1 rewrites the bill to, instead, require each governing board of a public institution of higher education in this state to regularly update the institution's policies and practices regarding institutional accreditation to conform with changes made by the U.S. department of education or by the U.S. congress. By December 31, 2024, each governing board of a public institution of higher education in this state must identify and determine the institutional accrediting agencies or associations eligible to serve as an accreditor. Such institutional accrediting agencies or associations must be recognized by the database created and maintained by the U.S. department of education. By December 31, 2024, each governing board of a public institution of higher education in this state must update the institution's policies and practices regarding accreditation to ensure that the institution may freely choose to pursue accreditation by any accreditor recognized by the U.S. department of education for the kinds of programs offered by the institution.
This amendment prohibits an accrediting agency or association from compelling a public institution of higher education in this state to violate any state law. Any adverse action taken against a public institution of higher education in this state based, in whole or in part, on the institution's compliance with any state law constitutes a violation of this amendment that may be enforced in accordance with this amendment, but only to the extent that the state law is not preempted by a federal law recognizing the necessity of the accreditation standard or requirement. A public institution of higher education in this state that is negatively affected by a violation of this amendment may bring a civil action against the accrediting agency or association in a court of competent jurisdiction in this state. If an accrediting agency or association violates this amendment, then the governing board of the public institution of higher education must notify the general assembly in writing within 30 calendar days of the violation.
ON APRIL 16, 2024, THE HOUSE SUBSTITUTED SENATE BILL 2528 FOR HOUSE BILL 2625, ADOPTED AMENDMENT #2, AND PASSED SENATE BILL 2528, AS AMENDED.
AMENDMENT #2 makes technical corrections.