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Office of General Counsel Policies & Guidelines

Policy Number: 
2
Policy/Guideline Area: 
Resource Documents
Applicable Divisions: 
TCATs, Community Colleges, System Office, Board Members
Policy/Guideline: 

Article I: Purpose

The purpose of the Tennessee Board of Regents is to govern, manage and control the state community colleges and state colleges of applied technology established by the General Assembly of the State of Tennessee in T. C. A. § 49-8-101(a), exercising the powers and fulfilling the duties vested in it by the General Assembly.

Article II: The Board

Section 1. Powers

A. The Board of Regents is vested by law with all the powers and authority to govern effectively and set policy for the state community colleges and colleges of applied technology in accordance with the laws of Tennessee and the policies of the Tennessee Higher Education Commission.

B. With respect to the locally governed universities in the System, the Board of Regents has the authority to review and give final approval to the operating budget of each university for the purpose of ensuring the ability to satisfy obligations to the Tennessee State School Bond Authority and its bondholders.

Section 2. Members

The composition of the membership of the Board, the terms of office, and the conditions of membership are as provided in T.C.A. § 49-8-201, including all future amendments thereto.

Section 3. Rights of Members

A. Except as provided otherwise by law, individual members of the Board enjoy these rights equally with all other members:

1. the right to vote,

2. the right to participate fully in all considerations before the Board,

3. the right to enter motions and to submit recommendations, and

4. all rights and privileges afforded the Board by law and regulation when sitting in deliberative session.

B. When not participating in meetings of the Board or any of its duly constituted committees, members, as individuals, enjoy the same rights and privileges of any citizen of the State of Tennessee as pertains to the governance, control, and management of institutions under the Board.

C. As individuals, members shall not speak for the Board unless specifically authorized to do so by the Board.

Section 4. Responsibilities of Members

A. When participating in meetings of the Board or its duly constituted committees, members are responsible for the entire System, without regard for any congressional district or area of the State or for any individual institution within the State.

B. Members are enjoined from espousing the cause of any one institution over the interests of others or the System.

Section 5. Expenses of Members

Board business-related and travel expenses, including lodging and meals encountered about meetings of the Board or duly constituted committees thereof shall be reimbursable at rates established by Board policy in accordance with Tennessee State Regulations for Travel.

Section 6. Minority Views

Upon announcement of any vote of a meeting of the Board or one of its duly constituted committees, a member holding a minority view may request his or her view be made a matter of record.  Such minority view shall be submitted in writing to the Secretary.

Section 7. Meetings of the Board

A. Regular Meetings

The Board shall hold at least one (1) stated meeting annually on a day or days determined by the board from year to year and at called meetings that may be necessary, to be called by the secretary, giving at least five (5) days' notice to the board members, but the board may adjourn the stated or called meetings to any date that it may set for adjournment.

B. Special Meetings

1. Special meetings of the Board of Regents may be called for any purpose by the Chair by request in writing to the Secretary, or by the Secretary upon written request from four other members of the Board.

2. The requests shall state the purpose of the proposed meeting.

3. Business transacted at all special meetings shall be confined to the subjects stated in the call.

C. Location

Each year, following the Fall quarterly meeting, the Secretary shall issue   a calendar of the regular meetings for the upcoming calendar year including their locations.  The board shall strive to meet on the campus of a system institution at least twice a year, rotating those meetings throughout the system, as practicable.

D. Notice of Meetings

1. The Secretary shall give each member of the Board at least five days' written notice of a regular or of special meetings of the Board.  Emergency meetings may be called by telephone or electronic notification with the understanding that similar notices are provided all members.

2. The Secretary, upon advice from the Chancellor and Board, shall prepare an annotated agenda to accompany each notice of a regular or special meeting of the Board.

3. Public notice of all meetings shall be issued in accordance with T.C.A. § 8-44-103.

E. Quorum

1. At all meetings of the Board of Regents, nine voting members shall constitute a quorum for the transaction of business.  In the absence of a quorum, the Board may convene for the purpose of receiving information. If the Board convenes in the absence of a quorum and a quorum is later established, the Board may then transact business.

2. The action of a simple majority of the voting members of the Board present at any meeting shall be the action of the Board, except as may be otherwise provided by these Bylaws.

3. Members shall be allowed to participate in a meeting by electronic or other means in accordance with T.C.A. § 8-44-108.

 F. Order of Business

The order of business at each regular meeting of the Board shall be determined by the Vice-Chair.

G. Procedures

1. Any ex-officio member of the Board may be represented at a meeting of the Board, but cannot under any conditions register a vote by proxy.

2. When a member identifies a conflict of interest about a vote on a matter before the Board, the member shall withhold his or her vote.

3. A record vote of the Board shall be required on all motions providing for approval of a budget; approval of an increase in fees or tuition; approval of capital expenditures or the extension of the credit of the system or any of its institutions; any revision of the Bylaws, the adoption of a new Bylaw or the repeal of an existing Bylaw; and the documentation of any transaction as may be required by law or deemed desirable in the judgment of the Chair. upon demand of any member present a record vote may be called for on any matter before announcement of a vote previously taken.

4. A motion to reconsider may only be made by a member who voted on the prevailing side and must be made at the same meeting.

H.  Adjourned Meetings

1. The Board may adjourn any regular or special meeting to any date it may set.

2. If a quorum is not present, any regular or special meeting may be adjourned by the members attending until a quorum shall be present.

I.  Joint Meetings

1. From time to time, the Board may find it appropriate to meet jointly with some other board or body.

2. In such meetings, the Board shall retain its constituted integrity as established under law and in accordance with these Bylaws.

J.  Executive Sessions

1. In accordance with T.C.A. § 4-35-108, the board may hold confidential executive sessions to discuss:

a. Items deemed not subject to public inspection under T.C.A. §§ 10-7-503 and 10-7-504, and all other matters designated as confidential or privileged under the Tennessee Code;

b. Litigation;

c . Audits or investigations;

d. Information protected by federal law; and

e. Matters involving information under T.C.A. § 4-35-107(a), where the informant has requested anonymity.

2. No business, other than that described under subsection 1 a-e, above, shall be considered during a confidential, non-public executive session.

3. Attendance at executive sessions shall be limited to board members.  Other individuals may be invited to attend all or portions of an executive session as deemed necessary by the board vice-chair.

K.  Minutes

1. Minutes shall be taken at each meeting of the Board and shall provide a permanent record of such meeting.

2. Minutes need not be a verbatim record of a meeting but should provide adequate basis upon which implementing actions may be taken or permanent policies be extracted therefrom.

3. Each meeting shall also be electronically recorded in its entirety.  In the event of a dispute regarding the transactions at a meeting, the electronic recording shall be determinative of the Board’s action.

4. Minutes of each regular meeting and of subsequent special meetings shall be circulated for consideration of the members prior to the next regular meeting at which time they shall be approved as attested to by the Vice Chair and the Secretary of the Board.

Article III. Committees of the Board

A. The Board of Regents as a whole shall be responsible for the operation of the State University and Community College System.

B. The Board may organize standing and special committees as necessary to carry out its governance, control, and management functions.

C. The Committees of the Board shall make studies of the fields assigned to them and advise the Board as to what, if any, changes of policy should be made.

D. Each of the standing committees shall keep informed with respect to the manner in which the policies of the Board are being administered in its field. Committees may be authorized to act on behalf of the Board.

E. All Board members may participate in committee deliberations; however, each standing committee shall consist of not less than three and not more than seven Board members.

F. A majority of the members of a committee shall constitute a quorum for the transaction of business. In the absence of a quorum, a committee may convene for the purpose of receiving information. If a committee convenes in the absence of a quorum and a quorum is later established, the committee may then transact business.

G. The Board of Regents may authorize special committees with whatever membership is desired by the Board.

H. Each standing or special committee shall report to the Board periodically or at the request of the Chair of the Board.

I. The Chair of the Board shall be an ex officio member of all committees with the authority to vote. In the absence of the Chair, the Vice-Chair shall be an ex officio member of all committees with the authority to vote.

J. The Chancellor and Secretary shall be ex officio members of all committees without the authority to vote.

K. The Executive Director of the Tennessee Higher Education Commission may serve as a member of any committee without the authority to vote.

L. Standing Committees

1. Committee on Finance and Business Operations

a. The Committee on Finance and Business Operations shall make recommendations to the Board regarding the fiscal policies to be followed in the conduct of the System.

b. The Committee shall receive and review the recommendations of the Chancellor concerning appropriation requests, allocations, budgets and budget revisions for each of the institutions in the State University and Community College System and for the office of the Board, and shall make its recommendations to the Board.

c. The report of the Committee to the Board shall include in written form the itemized deletions, additions, or other changes in the submitted budget requests of each institution.

d. The Committee shall also make recommendations to the Board as to needs for additional buildings and land for the campuses, repair and renovation of buildings, maintenance of campuses, and adequate insurance coverage of buildings and contents.

e. It shall coordinate the preparation of the capital outlay budget and capital outlay appropriations.

f. It shall study and submit recommendations affecting investments or reinvestments of trust funds and shall advise the Board regarding such funds.

g. The Committee shall submit recommendations on System-wide policies and procedures on procurement and purchasing.

h. This committee shall have such other duties as may be authorized by the Board.

i. The Treasurer shall serve as a member of this committee only without the authority to vote.

2. Committee on Academic Policies and Programs and Student Life

a. The Committee shall review and make recommendations to the Board concerning all proposals for new academic programs and degrees, revisions or discontinuations of existing programs, the adoption of our changes in admission and retention standards, and the establishment, reorganization or elimination of academic departments, divisions, branch operations and extension services, and other academic units.

b. The Committee shall be responsible for reviewing the level of productivity of existing programs, and when appropriate to recommend the discontinuance of non-productive programs.

c. The Committee shall make appropriate recommendations concerning studies and policies relating to academic matters.

d. The Committee shall also make recommendations to the Board regarding campus life of the institutions.

e. It shall receive and review the Chancellor's reports of proposed policies and regulations concerning student affairs including, but not limited to, the conduct of students, discipline, student housing, parking, safety and special activities of students of the institutions under control of the Board.

d. The Committee shall facilitate the development and implementation of K-12 partnership efforts, middle college, dual credit/dual enrollment programming, and opportunities for alignment of K-12 and college curricula.

3. Committee on Personnel and Compensation

a. The Committee on Personnel shall make recommendations to the Board regarding retirement, tenure, promotion, evaluation and other personnel matters regarding personnel involved in the various institutions governed by the Board.

b. The Committee shall make appropriate recommendations concerning policy and procedures relating to personnel matters and review the recommendations from the Chancellor relative to the annual review of personnel requests from the institutions.

c. The committee shall also review compensation matters of the institutions and System Office personnel that require Board approval and make recommendations to the Board regarding these matters.

d. The Committee shall have the power to act for the full Board in compensation matters when waiting for the next scheduled Board meeting is not desirable.

4. Committee on Economic and Community Development

a. The Committee on Economic and Community Development is responsible for the oversight of the workforce initiatives at the colleges, ensuring our institutions are meeting the workforce training needs of Tennessee.

b. The committee will:

(1) Provide oversight and make recommendations to the Tennessee Board of Regents relative to programmatic decisions including the approval of new programs of instruction, program credentials, modifications or terminations of academic workforce offerings.

(2) Ensure that workforce programs align with the needs of business and industry.

(3) Ensure that workforce programs enrich, strengthen, and support Tennessee citizens, the State of Tennessee’s Drive to 55, and economic development goals.

(4) Review productivity and performance of workforce programs annually and provide a report to the Tennessee Board of Regents.

(5) Provide recommendations to the Tennessee Board of Regents for creation of or revisions to policies and guidelines related to workforce entities within the TBR system’s institutions.

(6) Encourage and recognize excellence in workforce partnerships and student’s successes.

5. Committee on External Affairs

a. The Committee on External Affairs is responsible for the oversight of the Board’s relationship to organizations and constituent groups external to the system, ensuring that these relationships promote the mission and goals of the Tennessee Board of Regents system.

b. Toward the furtherance of this purpose, the Committee on External Affairs shall:

(1) Provide oversight for government relations activities and initiatives and make recommendations to the Board on legislative priorities for the system.

(2) Make recommendations regarding the Board's role in building relationships and collaborations with foundations, external funders, businesses, industry groups, organizations, and community leaders.

(3) Make recommendations regarding the Board's role in advocating the priorities of the System to media and local, state, and national leaders.

(4) Provide oversight for public relations efforts, promote effective communications with constituents and review the marketing, digital and branding strategies developed that promote the system, its initiatives and the individual colleges.Promote effective communication between the System and its institutions, public officials, and leaders at the local, state, and national levels.

(5) Provide oversight of fundraising and system grant efforts, recognize excellence in philanthropy and review reports on philanthropic and collaborative grant activities within the system.

6. Audit Committee

a. The Audit Committee shall provide appropriate oversight and accountability on fiscal matters within the Tennessee Board of Regents.

b. In addition to the Regents appointed to the Committee, the Board may select one or more certified public accountants or other qualified citizens who are not members of the Board to serve on the Audit Committee.

c. The Audit Committee shall employ a person qualified by training and experience to serve as an internal auditor and to report directly to the Audit Committee and the Board.

d. The internal auditor shall be removable only for cause by a majority vote of the Board.

e. The internal auditor shall perform the duties required by the Higher Education Accountability Act of 2004 (T.C.A. § 49-14-101 et seq.) including reports to the Committee and development of a process to report and investigate illegal, improper, fraudulent or wasteful activity.

Article IV. Officers and their Duties

A. Officers

1. The officers of the Board of Regents shall be the Chair, Vice Chair, Chancellor, Treasurer, and Secretary. The sitting Governor of the State of Tennessee shall serve as Chair of the Board.

2. The Board may from time to time establish such other offices and positions as may be necessary to carry out the functions of the Board.

B. Election and Term of Office

1. The term of office of each officer, except the Chancellor, shall be one year commencing on July 1st and continuing until a successor is chosen and installed.

2. Officers other than the Chair and Chancellor shall be elected each year by the Board at the last regular meeting of each fiscal year.

3. The Vice Chancellor for Business and Finance shall serve as Treasurer unless the Board chooses to fill the office by election from the staff of the Chancellor.

4. The Board shall elect the Secretary from the staff of the Chancellor.

5. No one person shall hold more than one of these offices.

C. Removal of Officers

Officers may be removed at any time by the Board by the affirmative vote of a majority of the Board, not merely of the quorum.

D. Vacancies

Vacancies shall be filled by the Board as soon as practicable.

E. Chair

1. The Chair shall be a member of the Board, shall preside at the meetings of the Board, if present, with the authority to vote, and may work with the Vice Chair to appoint the Chairs and members of all committees.

2. The Chair shall be an ex officio member of all committees with the authority to vote.

F. Vice Chair

The Vice Chair shall be a member of the Board and shall perform the duties and have the powers of the Chair during the absence or disability of the Chair.

G. Chancellor

1. The Board of Regents shall elect the Chancellor who shall hold office at the pleasure of the Board.

2. The Chancellor shall not be a member of the Board.

3. In case of any vacancy in the Chancellorship, the Board shall name an Acting Chancellor who shall serve until the office of the Chancellor shall be filled.

4. The Chancellor shall be the chief executive officer of the State University and Community College System.

5. The Chancellor shall perform all those duties that are prescribed by the Board.

6. The Chancellor shall be responsible to the Board of Regents for the prompt and effective execution of all resolutions, policies and rules and regulations adopted by the Board for the ordering and the operation of the entire System and for the government of any and all of its branches.

7. The Chancellor’s discretionary powers shall be broad enough to enable him or her to discharge these responsibilities.

8. The Chancellor shall attend and participate in, without the privilege of voting, all of the meetings of the Board of Regents and of its committees.

9. The Chancellor shall be an ex officio member of all committees, without the authority to vote.

10. The Chancellor shall review recommendations from the presidents regarding annual appointments, promotions, and salaries of employees of the several institutions of the System, and shall be responsible for compliance by the presidents with Board policies and procedures on personnel matters.

11. The Chancellor shall make recommendations regarding the establishment or discontinuance of staff positions in the Office of the Board of Regents.

12. The Chancellor shall recommend the appointment of administrative officers and other employees of the Office of the Board of Regents.

13. The Chancellor shall be empowered to act for the Board in the interims when the Board is not in session.

14. The Chancellor shall speak for the Board and shall represent it at meetings and before the public consistent with established policies of the Board.

15. The Chancellor shall be the channel of communication with the presidents of the institutions and shall present recommendations concerning System policy to the Board.

16. The Chancellor shall be authorized upon the authority of the Board and in its name to execute all notes, bonds, deeds, contracts, and other documents of an official nature.

17. The Chancellor shall submit, on behalf of the Board and with its approval the annual report at the end of each fiscal year, which report shall go to the Governor and the legislature.

H. Treasurer

1. The Treasurer shall be sworn and bonded to discharge faithfully the duties as Treasurer.

2. The Treasurer shall serve without vote as a member of the Committee on Finance and Business Operations.

3. The Treasurer shall perform such other duties as the Board may authorize or as may be assigned by the Chancellor.

I. Secretary

1. The Secretary shall be sworn to discharge faithfully the duties as Secretary.

2. The Secretary shall be present at all meetings of the Board and of the committees.

3. The Secretary shall keep an accurate record of proceedings of the meetings of the Board and of the committees.

4. In the absence of the Secretary from a meeting, a secretary shall be chosen for the meeting and shall record the proceedings.

5. The Secretary shall be the custodian of all minutes, official documents, and archives of the System.

6. The Secretary shall perform such other duties and have such other powers as the Board may authorize or as may be assigned by the Chancellor.

J. Delegation of Duties of Officers

In case of the absence of any officer of the Board of Regents, or for any other reason that the Board may deem sufficient, the Board of Regents may delegate the powers or duties of such officers, provided a majority of the full Board concurs therein.

Article V. Presidents

Section 1. Duties of the President

A. The president of each college in the System shall be the chief executive of the institution and of all its departments, and shall exercise such supervision and direction as will promote the efficient operation of the institution.

B. The president shall be responsible to the Board through the Chancellor for the operation and management of the institution and for the execution of all directives of the Board and of the Chancellor.

C. The president shall be the official medium of communication between the faculty and the Chancellor, and between the council, senate, assembly, or any such body, either of the faculty or of the students, and the Chancellor.

D. The president shall recommend annually to the Board of Regents, through the Chancellor, the creation or continuance of positions of faculty and other employees of the institution.

E. The president shall have the authority to recommend or make appointments of personnel and, within budgetary limitations, to fix their salaries, and to recommend or approve promotions, transfers, leaves of absence, and removal of personnel, pursuant to the requirements of policies and procedures established by the Board, and subject to such prior approval or confirmation of the Board or the Chancellor as may be required by the Board.

F. The president shall make an annual report to the Board, through the Chancellor, of the work and condition of the institution under his or her control.

Section 2. Term of Appointment

The presidents of the colleges shall serve at the pleasure of the Board.

Section 3. Resignation and Removal of Presidents

A. The president of an institution may resign at any time upon written notification to the Board through the Chancellor.

B. The Board may terminate the employment of the president of an institution at any time.

C. In the event of a resignation or termination, the Board, at its discretion, may authorize a payment equal to up to three months of the president’s salary.

Section 4. Presidents Council

A. The president of each college shall be a member of the Presidents Council.

B. The council shall have the opportunity to present reports and recommendations to the Board of Regents.

C. The Chancellor shall be an ex officio member of the council and shall be invited to attend each meeting of the council.

Article VI. Employees of the Colleges

A. Administrative personnel, faculty members and other personnel shall be recommended or appointed by the president of the college, subject to such requirements, approvals or confirmations by the Board or the Chancellor as may be specified by the Board.

B. A member of the Board shall not be a party to procuring the appointment of any relative at any of the units of the System.

Article VII. Amendment of Bylaws

A. These Bylaws may be amended or repealed at any regular meeting by an affirmative vote of not less than nine members of the Board, provided however, that any proposed change in these Bylaws shall be submitted to the Secretary in writing at any regular meeting or special meeting and shall be voted on at the next regular meeting of the Board.

B. Amendments or additions to the Bylaws shall be presented in such form as suitable for direct incorporation into the Bylaws.

C. Any Bylaw may be suspended at any regular or special meeting for that meeting only by the unanimous consent of all present.

D. The Secretary shall maintain a Bylaws book in which shall be recorded all Bylaws and any changes, additions, or deletions thereto.

Article VIII. Parliamentary Authority

The rules contained in Roberts Rules of Order, Newly Revised 11th Edition, or the most recent subsequent edition, shall govern the Board in all cases in which they are not inconsistent with these Bylaws or any special rules of order of this Board.

Sources: 

Controlling Statutes

T.C.A. § 49-8-101 et seq.; T.C.A. § 49-11-401 et seq.

Approvals & Revisions 

As Amended December 16, 1983; Board Meeting December 7, 2001; Board Meeting September 24, 2004; Board Meeting December 3, 2004; Board Meeting June 26, 2008; Board Meeting September 24, 2010; Revisions and renumbering approved at Board Meeting, September 26, 2014; Board Meeting December 10, 2015, Board Meeting June 23, 2017; Board Meeting September 21, 2017. Revision and reformat approved at Dec. 14, 2017 Board Meeting; Ministerial revisions 2-21-2018. 

Contact: 
Policy Number: 
1
Policy/Guideline Area: 
Resource Documents
Applicable Divisions: 
TCATs, Community Colleges, System Office, Board Members
Purpose: 

The purpose of this resource document is to provide a link to the Tennessee Board of Regents enabling legislation.

Policy/Guideline: 
  1. State University and Community College System
    1. Enabling legislation begins at T.C.A. § 49-8-101 et seq.
    2. The system also operates under T.C.A. § 49-7-101 et seq.
    3. A link to the T.C.A. is provided here: Tennessee Code Unannotated
Contact: 
Policy Number: 
TCAT-090
Policy/Guideline Area: 
Tennessee Colleges of Applied Technology
Applicable Divisions: 
TCATs
Purpose: 

The following guideline establishes a standing advisory committee of the Tennessee College of Applied Technology Directors’ Sub-Council.

Policy/Guideline: 
  1. Name Designation
    1. The committee shall be known as the TCAT Executive Committee.
  2. Organization
    1. The committee shall be comprised of eight members:
      1. Six members, two from each grand division of the state, chosen by the TCAT Directors from that grand division;
      2. A chairperson chosen by the TCAT Directors as a group; and
      3. The immediate past chairperson.
    2. Each member shall serve a two-year term. Membership terms are staggered to ensure continuity.
    3. The chairperson will serve a two-year term as past chairperson.
      1. The chairperson is selected on a rotating basis from each of the three grand divisions of the state.
      2. The chairperson shall vote only in the case of a tie vote.
    4. The committee shall select a secretary annually. The secretary shall also serve as the vice-chairperson.
  3. Committee Purpose
    1. The major purposes of the Committee are to:
      1. Represent the interests of all Tennessee Colleges of Applied Technology.
      2. Facilitate the delivery of quality technical programs, practices, and services as integral parts of post-secondary technical education.
      3. Improve the coordination of the Tennessee Colleges of Applied Technology.
      4. Serve in an advisory capacity to the TCAT Directors’ Sub-Council and the TBR Vice Chancellor for the Tennessee Colleges of Applied Technology.
      5. Assist in developing plans for improving the function and operation of the Tennessee Colleges of Applied Technology.
  4. Meetings
    1. Meetings will be scheduled prior to each TCAT Directors’ Sub-Council meeting and called as the need arises.
Sources: 

March 21, 1985 AVTS Sub-Council Meeting, Directors Meeting February 14, 2002, Presidents Sub-Council May 21, 2002.

Contact: 
Policy Number: 
TCAT-080
Policy/Guideline Area: 
Tennessee Colleges of Applied Technology
Applicable Divisions: 
TCATs
Purpose: 

This guideline compliments and implements provisions of Guideline B-060 (Fees, Charges and Refunds), relative to the TCATs. All provisions of B-060 shall otherwise remain in effect for the TCATs. The purpose of the following provisions is to ensure uniform administration of fees and refunds at the TCATs, and to establish related procedures between the TCATs and Lead Institutions.

Policy/Guideline: 
  1. Fee Assessment
    1. The amount of fees assessed to a student should be determined by an individual other than the one who collects the fees.
      1. Fees assessed shall be in accordance with the current Fee Schedule approved by the Tennessee Board of Regents.
      2. Fee schedules shall be made readily available to students and prospective students through the use of bulletin boards, advertisements and school publications.
      3. The fee assessment shall be as follows:
        1. Regular Students
          1. All students, whether residents or non-residents, shall pay the appropriate fees based upon the number of hours the student is scheduled to attend in the term.
          2. Students who enroll concurrently in two or more programs/classes will be assessed fees appropriate to the number of hours scheduled to attend in each program/class.
        2. Secondary Students (Public Schools)
          1. The TCAT will negotiate the appropriate fees with each local public school system for secondary students enrolling at the TCAT.
        3. Secondary Students (Non-Public Schools)
          1. Students enrolled in state-recognized home schools or private schools will be assessed fees in accordance with the current fee schedule.
        4. Special Industry Students
          1. Students shall not be individually assessed fees for special industry training.
          2. All charges will be made to the receiving industry(s) and shall be credited to the school’s appropriate Grants and Contracts revenue account.​
  2. Fee Collections
    1. Payment of Fees
      1. Before any student is counted as enrolled, fees must be paid.
      2. Maintenance fees may be waived only in accordance with TBR Guideline B-060.
      3. After a student has properly completed the enrollment form and has been approved for the courses designated on the form, the amount of applicable fees will be determined according to the fee schedule.
      4. Fees shall be paid according to provisions provided in Policy No. 4:01:03:00 with the students being furnished a pre-numbered receipt.
    2. Depositing of Fees
      1. After payments for fees are made, the individual collecting the fees will prepare a report of students’ names and fees collected at the end of the collection period and present the report and fees to the assigned individual in the school’s business office.
      2. The assigned individual in the business office shall accept the fees and sign report verifying the accuracy of the count.
      3. The individual collecting the fees shall receive a copy of the verified report as a receipt.
      4. Fee collections shall be deposited in accordance with TBR Policy 4:01:01:10 by the TCAT staff into the local depository account established for the TCAT.
      5. A copy of the report detailing student names and fees collected, accompanied by a copy of the deposit slip shall be transmitted to the business office of the Lead Institution.
    3. Bad Check Collections
      1. A student paying enrollment fees with a check that is dishonored must redeem the check within ten (10) calendar days from receipt of the notice.
      2. Notice should be sent by the TCAT to the student no more than three (3) working days from receipt of notice of a bad check from the bank. Notice by certified mail is optional.
      3. The TCAT will have five (5) working days after the expiration of the ten (10) calendar days to pursue any additional collection efforts deemed necessary.
      4. Immediately after the five (5) working days, the student will be deleted if the check has not been redeemed in full.
      5. If the student pays the bad check within the allotted time period, he/she will be assessed a return check fee in accordance with TBR Guideline B-060 in addition to his/her fee payment.
      6. Enrollment fees including returned check fees for students de-enrolled for bad checks should be reversed.
  3. Refunds of Fees
    1. Eligibility for Refunds
      1. Change in a full-time student’s schedule which results in reclassification to a part-time student.
      2. Change in a part-time student’s schedule which results in a class load of fewer hours.
      3. Voluntary withdrawal of the student from the school.
      4. Cancelation of a class by the school.
      5. Death of the student.
      6. Students administratively dismissed will not be eligible for refunds.
    2. Calculation of the Refund
      1. Full Refund:
        1. 100% of fees will be refunded for classes canceled by the school.
        2. 100% of fees will be refunded for drops or withdrawals prior to the first official day of classes.
        3. 100% of fees will be refunded in the case of death of  the student during the term.
      2. Partial Refunds
        1. A refund of 75% may be allowed if a program is dropped or a student withdraws within the first 10% of the class hours.
        2. A refund of 50% may be allowed if a program is dropped or a student withdraws within the first 20% of the class hours.
        3. No refund may be permitted after 20% of the class hours has been completed.
    3. Processing of Refunds
      1. The TCAT will be responsible for determining the amount of student refunds and will process refunds in accordance with TBR Guideline B-060 and the Council on Occupational Education (COE) standards.
        1. Refunds, when due, will be made without requiring a request from the student.
        2. Refunds, when due, will be made within 30 days of the last day of attendance when the student has informed the institution in writing prior to withdrawal.
        3. If the student drops out without notice to the institution, the refund will be processed 30 days from the date the institution terminates the student or determines withdrawal by the student. All refunds, however, must be made within 60 days of the student’s last day of attendance.
        4. Retention of tuition and fees collected during pre-registration or in advance for a student who does no commence class will not exceed $100.
        5. An update will be made to the accounting system by the TCAT or Lead Institution with a transaction resulting in the reduction of revenues from the appropriate fee account.
  4. Other Fee and Charge Considerations
    1. Agreements/contracts may be executed with a third party (federal agency, corporation, institution, etc.), but not with the individual student, to deliver routine courses at a fixed rate or for the cost of delivering the course and may provide for fees not to be charged to individual students. The amount charged to or paid by the third party is credited to the appropriate Grants and Contracts and/or fee revenue account.
    2. Fees established for general interest classes and activities shall be sufficient to cover the total cost incurred in providing instruction.
    3. Agreements with public school systems to provide instruction to secondary students will include a provision to outline the specific fee(s) negotiated with the local school systems.
Sources: 

AVTS Director’s Meeting-August 15, 1985.  Revised AVTS SubCouncil Meeting, May 14, 1987; Presidents’ Meeting May 21, 1987.  Revised AVTS SubCouncil Meeting, January 18, 1989; Presidents’ Meeting, February 14, 1989.  Revised Presidents’ Meeting, November 9, 1994.  Directors Meeting February 14, 2002;   Presidents Sub-Council May 21, 2002; Presidents’ Sub-Council Meeting August 16, 2005; TTC Directors’ Sub-Council Meeting August 17, 2005; Presidents’ Meeting May 16, 2006; Presidents Meeting August 17, 2010.

Contact: 
Policy Number: 
TCAT-060
Policy/Guideline Area: 
Tennessee Colleges of Applied Technology
Applicable Divisions: 
TCATs
Purpose: 

The following shall serve as guidelines for submitting proposals for new programs, program modifications, Special Industry Training, inactivation of programs, termination of a program, and reporting of part-time programs at the Tennessee Colleges of Applied Technology.

This policy should serve as a resource for the development of all Tennessee Colleges of Applied Technology proposals.

Policy/Guideline: 
  1. Process for TCAT Program Proposals That Must Be Taken to the Board
    1. Beyond those delegated responsibilities, the Board reserves to itself the authority to review and approve all proposed actions pertaining to establishment of vocational-technical diploma and certificate programs per Policy 2:01:02:00.
    2. Planning for new continuing programs should be an integral part of the Five-Year Strategic Plan of the TCAT.
      1. The TCAT director should send a letter of intent to the Vice Chancellor at least six (6) months prior to the planned period for starting the program relating the purpose and scope of the proposed action.
      2. If the Board staff has questions related to plans to start the program, they will be communicated to the director early in the process.
      3. The TCAT staff should communicate its intent to start a new program with the lead institution in its primary service area and seek assistance, if necessary, in preparing the new program proposal.
    3. The proposal should be submitted on TBR-TCAT Format 1 (Exhibit 1). The major criteria used by College of Applied Technology staff in evaluating program proposals are:
      1. Program is appropriate to the role and scope of the TCAT.
      2. Need for the program is evident (supported by supply and demand data).
      3. Program does not unnecessarily duplicate existing delivery in the primary service area.
      4. Fiscal resources are available to initiate the program. If not, an analysis of need is included in the proposal.
      5. Space and equipment are available or plan is in place to provide necessary accommodations. If funding is needed, requirements are identified in the proposal.
      6. There is a plan for articulation of the new program with existing programs within the school and with programs at other institutions, if appropriate.
      7. Instructional personnel are available with appropriate qualifications to implement the proposal.
      8. Plan for addressing assessment and basic education is evident.
      9. Level(s) of exit (certificates) are addressed.
  2. Process for TCAT Program Proposals Approved by Board through Delegated Authority
    1. Other than new programs, TCAT proposals may be approved by the Board through delegated authority to the Chancellor.
      1. Summaries of these proposals will be reported monthly to the Board, with a 30-day period following for Board concerns.
      2. Any proposal identified by a Board member during this 30-day period will be brought before the full Board at its next quarterly meeting.
    2. Institutions shall provide, to the Vice Chancellor for Tennessee Colleges of Applied Technology, proposals related to the following or as stated in Policy 2:01:02:00:
      1. Establishment of Program Options.
      2. Substantial Revision of the Curriculum of Existing Programs.
      3. Consolidation of Existing Vocational-Technical Programs.
      4. Inactivation of a Vocational-Technical Program.
      5. Termination of a Vocational-Technical Program.
      6. Establishment or Revision of Institutional Policies and Standards Covering Student Admission.
      7. Current on-ground programs that will be converted to a fully online delivery format.
    3. The Director should communicate his/her intent to modify a program to the Vice Chancellor for Tennessee Colleges of Applied Technology at the earliest sign of need, then proceed with completion of the TBR-TCAT Format 2 (Exhibit 2) by deadline established by the Vice Chancellor’s Office.
    4. The following criteria should be considered in requesting a program modification:
      1. Termination of a Program.
        1. Placement rate is low in jobs trained for or in related jobs. (Below 65% for two consecutive years).
        2. Student demand is below desired standard. (Below an annualized FTE of 13 students).
        3. High attrition rate and/or low rate of completers. (Below 50% for two consecutive years).
        4. The director should address reassignment of space and disposition of personnel and equipment.
      2. Inactivation of a Program
        1. A program may be placed on inactive status for a maximum of three years. If it is not reactivated by the end of the third year, the program is automatically terminated.
        2. Conditions described in 1. a., b., and c. which are considered to be of a temporary nature may be used as justification for inactive status of a program. Rationale for potential reactivation of program should be clearly demonstrated.
      3. Modification of an Existing Program
        1. Any substantive change in the title, curriculum, or method of delivery in a program should be requested in advance on TBR-TCAT Format 2.
        2. Justification must address supply and demand, student interest, personnel impact, costs, space and equipment.
  3. Process for Academic Proposals Requiring Only Notification to Vice Chancellor
    1. Changes to existing academic programs not listed above, that require no new costs or minimal costs that the campus will fund through reallocation of existing resources or through sources such as grants and gifts, may be approved through an established process by the institution per Policy 2:01:02:00.
    2. The Vice Chancellor for Tennessee Colleges of Applied Technology must be informed of such changes prior to implementation.
      1. Such action includes, but is not limited to, establishment of new credentials and changes such as the modification of the title of a program.
      2. Notification should be in a form of a letter addressing the above mentioned items.
  4. Special Industry Training
    1. Requests for approval of special industry training should be submitted to the Vice Chancellor for Tennessee Colleges of Applied Technology for transfer of funds prior to program operation. (Requests for approval are required only when TBR Central Office funds are requested).
    2. The request should be submitted on TBR-TCAT Format 3 (Exhibit 3).
  5. Reporting of Part-Time Programs
    1. A report listing all part-time programs currently in operation should be submitted to the Vice Chancellor for Tennessee Colleges of Applied Technology on a quarterly basis.
      1. The reports should indicate program title, part-time program code, enrollment, cost and projected length of program (in hours).
Sources: 

November 16, 1984 AVTS Sub-Council meeting; January 15, 1989 AVTS Sub-Council Meeting; February 14, 1989 Presidents' Meeting; August 17, 2004 Presidents’ Meeting; August 18, 2004 Directors’ Sub-Council Meeting; May 15, 2007 Presidents’ Meeting; May 16, 2007 Directors’ Sub-Council Meeting.

Contact: 
Policy Number: 
TCAT-050
Policy/Guideline Area: 
Tennessee Colleges of Applied Technology
Applicable Divisions: 
TCATs
Purpose: 

The purpose of this guideline is to establish a TCAT Employee Service Award Program designed to recognize and express appreciation to regular employees for their total length of state service. This program shall be implemented at all Colleges of Applied Technology.

Policy/Guideline: 
  1. Eligibility
    1. The award program is available to all faculty, administrators, and clerical/support staff who are regular full-time and regular part-time employees of a TCAT.
  2. Service Credit
    1. It shall be the responsibility of the appointing authority to determine total service credit for eligible employees.
      1. For purposes of this program, legible employees will receive cumulative credit for all prior regular service, full-time and part-time, at any state entity.
      2. Consideration shall be given to breaks in service; it is not necessary that service be continuous.
      3. Regular part-time service will be credited without prorating.
      4. Employees in modified fiscal year appointments or on academic year service bases will receive one full year of service credit for each contractual term of service completed.
    2. Any periods of fully paid leave status will be included in calculation of service credit.
    3. Periods in which the employee is in a leave of absence status will not be included except for approved educational leaves of absences with pay which will count as full-time service credit.
    4. Prior service must be confirmed in writing from the personnel office of the previous state agency.
  3. Recognition Schedule
    1. Awards should be presented ceremoniously to recipients by the Director of the College or his or her designee with the recipient’s supervisor present if possible.
    2. Awards shall be given at one designated time each year to all employees having achieved the specified number of years of service during that current fiscal year.
    3. Awards will recognize the following service achievements:
      1. Five (5) Years’ Service
      2. Ten (10) Years’ Service
      3. Fifteen (15) Years’ Service
      4. Twenty (20) Years’ Service
      5. Twenty-five (25) Years’ Service
      6. Thirty (30) Years’ Service
      7. Thirty-five (35) Years’ Service
      8. Forty (40) Years’ Service
    4. It is suggested that the awards available to an employee be consistent with those available under the State of Tennessee’s employee service award program, administered under the Rules of the Tennessee Department of Personnel, Chapter 1120-9-5.
      1. Alternatively, each TCAT Director is authorized to identify alternative sources of award mementos.
Sources: 

August 16, 1984 AVTS Sub-Council Meeting;   Directors Meeting February 14, 2002; Presidents Sub-Council May 21, 2002.

Contact: 
Policy Number: 
TCAT-030
Policy/Guideline Area: 
Tennessee Colleges of Applied Technology
Applicable Divisions: 
TCATs, System Office
Purpose: 

The purpose of this guideline is to establish and set forth procedures for the operation of Extraordinary Maintenance and Start-Up Accounts for the Colleges of Applied Technology governed by the Tennessee Board of Regents. The guideline provides for the participation of all Colleges in the support and use of the account. The account represents a pooling of the individual schools’ resources, to be used exclusively for extraordinary maintenance projects, start-up of new programs and special expenditures among the Applied Technology Colleges and TCAT central office.

Policy/Guideline: 
  1. Extraordinary Maintenance and Start-Up Accounts
    1. Extraordinary Maintenance and Start-Up Accounts will be established and maintained in the Board Office for the benefit of the Tennessee Colleges of Applied Technology.
    2. The amount of funds provided in the accounts at the beginning of each fiscal year shall be determined by the Board staff based on experience and judgment of anticipated emergency major maintenance and new program requirements system-wide.
    3. A review of the balance in the fund will be made at the end of each fiscal year and will be supplemented as of July 1 each year as necessary to bring the total balance in the account to an amount determined to be sufficient per I.B. above.
    4. Each College of Applied Technology will be assessed a pro rata amount annually to maintain the Extraordinary Maintenance and Start-Up Accounts.
  2. Eligible Projects
    1. Projects eligible for funding from the Extraordinary Maintenance Account shall include unexpected failures of building structures and/or systems including roofs and major equipment such as HVAC equipment. Projects eligible for funding from the Start-Up Account shall include new program offerings or expansion of additional existing programs. Special expenditures shall include, but not be limited to, salaries and benefits and operational expenses that directly support the operations of the Tennessee Colleges of Applied Technology.
    2. As a general rule the minimum project cost to be eligible for Extraordinary Maintenance funds will be $5,000.
    3. Expenditure of Extraordinary Maintenance funds will not be authorized for preventive maintenance, routine building and system or grounds maintenance, or consulting studies or evaluations.
  3. Request for Funds
    1. When an unanticipated major maintenance emergency occurs at a College of Applied Technology, the College Director shall first determine the applicability of the project and, if applicable, submit a request for Extraordinary Maintenance funds to the Vice Chancellor for the Tennessee Colleges of Applied Technology with a description of the problem and estimated cost of repairs if possible.
    2. When a new or expansion program offering occurs at a College of Applied Technology, the College Director shall first determine the applicability of the program offering and, if applicable, submit a request for Start-Up funds to the Vice Chancellor for the Tennessee Colleges of Applied Technology with a description of the program and estimated cost of the program, if possible.
  4. Allocation of Funds
    1. Extraordinary Maintenance and Start-Up funds will be allocated to Colleges of Applied Technology by the Chancellor or his or her designee.
  5. Exceptions
    1. Exceptions to these guidelines may be proposed by the Vice Chancellor for the Tennessee Colleges of Applied Technology for approval by the Chancellor.
Sources: 

May 17, 1984 AVTS Sub-Council Meeting; Directors Meeting February 14, 2002; Presidents Sub-Council May 21, 2002; Presidents Sub-Council August 11, 2009; Directors Meeting August 12, 2009.  

Contact: 
Policy Number: 
TCAT-023
Policy/Guideline Area: 
Tennessee Colleges of Applied Technology
Applicable Divisions: 
TCATs
Purpose: 

The purpose of this guideline is to provide a procedure through which students of the Tennessee Colleges of Applied Technology may submit a complaint if the student has a concern regarding a situation or condition at the TCAT and the student believes he/she has been treated unfairly or inequitably.

Policy/Guideline: 
  1. Limitations on Scope and Use of Process
    1. Allegations of sexual or racial harassment or discrimination shall be processed in accordance with TBR Guideline P-080, Discrimination & Harassment - Complaint & Investigation Procedure.
    2. Grade appeals should comply with the appropriate grade appeal process.
    3. Matters regarding student discipline are processed in accordance with the student disciplinary policies and rules found at TBR Policy 3:02:00:01, General Regulations on Student Conduct and Disciplinary Sanctions, Policy 3:02:01:00, Student Due Process Procedures, and Rule 0240-3-21-.01, et seq., of the rules published by the Tennessee Secretary of State. Students should also consult the student handbook.
    4. Appeals of traffic or parking citations should be processed as specified by each institution.
    5. In order to resolve concerns in a timely manner, complaints must be presented within ten (10) school days after the occurrence of the event claimed to have given rise to the complaint. Any complaint not presented within the time provided will not be considered.
  2. Process
    1. It is the philosophy of the TCATs that many complaints can be resolved through open and clear communication, and should be resolved at the lowest level possible. Therefore, the student should first discuss the complaint with the instructor, administrator or student involved in the matter in an attempt to resolve the concern.
      1. If the concern cannot be resolved through informal discussion, the student may file a written complaint with the office of Student Services. The Student Services Coordinator will meet with the student, investigate the complaint, consult other TCAT personnel or students as needed, determine an appropriate resolution, and notify the student, in writing, of the outcome.
      2. If the student is not satisfied with how the Student Services Coordinator attempted to resolve the issue, the student may appeal to the Director within five (5) school days of receipt of the Students Services Coordinator’s letter.
        1. The Director may discuss the matter with the student and the Student Services Coordinator, and any other personnel he/she feels appropriate.
        2. The Director will provide a written decision to the student within five (5) days of receipt of the appeal.
        3. The Director’s decision will be final.
Sources: 

February 14, 2002 Director’s Meeting, May 21, 2002 President’s Sub-Council Meeting; Admin Change, February 27, 2008.

Contact: 
Policy Number: 
TCAT-010
Policy/Guideline Area: 
Tennessee Colleges of Applied Technology
Applicable Divisions: 
TCATs
Purpose: 

The purpose of this guideline is to establish uniform provisions for instructional projects at the Tennessee Colleges of Applied Technology (TCAT’s). Each TCAT shall administer instructional projects in accordance with the following provisions.  Exceptions to the guideline are subject to prior approval by the Chancellor.

Definitions: 
  • For purposes of this guideline, a distinction is made between school instructional projects and individual instruction projects. In general, school projects are those secured by the school and assigned to students by instructors as part of the instructional program. School projects may result in a product, which may be reused or sold by the school. Individual projects are those involving personal service to the provider or returned to the provider after services are rendered by students.
Policy/Guideline: 
  1. General Statement
    1. It is recognized that instructional or “live work” projects enhance the vocational-technical training of TCAT students.
    2. Instructional projects are those which:
      1. When completed constitute a product; or
      2. Involve repairing or providing maintenance service to a device; or
      3. Involve the delivery of a personal service, such as in cosmetology programs.
    3. To ensure that such projects are meaningful to the training program, they must be selected on the basis of their potential contribution in aiding students develop identified competencies. All such projects must be selected and scheduled in keeping with stated objectives of the instructional program.
  2. Selection, Authorization, and Sources of Projects
    1. The Center Director is responsible for the selection and authorization of all school projects, except those involving construction of buildings, which shall require approval by the Chancellor.
      1. The purchase of school projects must be consistent with the TBR purchasing policies and procedures (No. 4:02:10:00).
      2. Where applicable, solicitation and acceptance of projects shall be subject to the TBR policy on solicitation and acceptance of gifts (Policy number 4:01:04:00).
      3. The sources of individual projects may include those offered by students and staff of the TTC, members of the schools advisory committees, personnel and institutions of the Tennessee Board of Regents System, retired persons, civic groups, governmental agencies, and non-profit organizations.
      4. The Center Director may, upon consultation with the school advisory committee, authorize individual projects offered from other individuals and groups in the event appropriate projects are not available from the above sources.
    2. An instructor shall be responsible for selecting and scheduling individual projects, which may be selected only from authorized categories.
      1. No work may be performed on a project from a category that has not been authorized.
      2. An instructor may give priority to a project belonging to a student, provided it meets established training objectives.
  3. School Projects
    1. The school shall bear the cost of parts, supplies, and materials for school projects.
      1. Acquisition of such parts, supplies, and materials shall be in accordance with the Tennessee Board of Regents purchasing policies and procedures (No. 4:02:10:00).
      2. In cases where competitive bidding is not feasible, appropriate documentation shall be maintained for audit purposes.
    2. The sale of completed school projects shall be in accordance with the Tennessee Board of Regents policy on disposal of surplus personal property (No. 4:02:20:00).
  4. Individual Projects
    1. An approved agreement form must be completed by the appropriate instructor prior to initiating work on any individual project. An original of the agreement form shall be retained by the Center and a copy of the form provided to the individual or group for whom the work is being performed.
    2. In general, the owner of the project shall be responsible for providing the parts, supplies and materials for individual projects.
      1. The school may recommend sources where parts, supplies and materials may be acquired.
      2. The school should avoid recommending sole sources except in cases where other sources are not readily available.
    3. There are instances, however, where it is more feasible for the school to provide parts, supplies, and materials for individual projects; for example, weights for wheel balancing, refrigerant gas, etc.
      1. In such instances, the acquisition of the parts, supplies, and materials by the school shall be in accordance with TBR policy (No. 4:02:10:00), and the project owner shall be assessed a fee to recover the school’s expenses.
        1. The fee shall be consistent with a fee schedule approved by the Board.
        2. The fee schedule shall be made available to project owners prior to completion of the project agreement form.
        3. Payment of the fee is due upon completion of the project.
        4. Fee payments will be received by authorized school staff, properly receipted, and deposited in accordance with the TBR policy on deposit and investment of funds (No. 4:01:01:10).
  5. Agreement Forms
    1. The Board staff will approve agreement forms to be used for individual instruction projects.
Sources: 

February 16, 1984, AVTS Sub-Council Meeting; February 14, 2002 Directors Meeting;  May 21, 2002 Presidents Sub-Council Meeting.

Contact: 
Policy Number: 
3:05:01:00
Policy/Guideline Area: 
Student Policies
Applicable Divisions: 
TCATs, Community Colleges, Universities
Purpose: 

It is the intent that the public institutions of higher education in the State of Tennessee shall apply uniform rules, as described in these regulations and not otherwise, in determining whether students shall be classified "in-state" or "out-of-state" for fees and tuition purposes and for admission purposes.

 

Definitions: 
  • Public higher educational institution - shall mean a university or community college supported by appropriations made by the Legislature of this State.
  • Residence - shall mean continuous physical presence and maintenance of a dwelling place within this State, provided that absence from the State for short periods of time shall not affect the establishment of a residence.
  • Domicile - shall mean a person's true, fixed, and permanent home and place of habitation; it is the place where he or she intends to remain, and to which he or she expects to return when he or she leaves without intending to establish a new domicile elsewhere. Undocumented aliens cannot establish domicile in Tennessee, regardless of length of residence in Tennessee.
  • Emancipated person - shall mean a person who has attained the age of eighteen years, and whose parents have entirely surrendered the right to the care, custody, and earnings of such person and who no longer are under any legal obligation to support or maintain such deemed "emancipated person."
  • Parent - shall mean a person's father or mother. If there is a non-parental guardian or legal custodian of an un-emancipated person, then "parent" shall mean such guardian or legal custodian; provided, that there are not circumstances indicating that such guardianship or custodianship was created primarily for the purpose of conferring the status of an in-state student on such un-emancipated person.
  • Continuous enrollment - shall mean enrollment at a public higher educational institution or institution of this State as a full-time student, as such term is defined by the governing body of said public higher educational institution or institutions, for a normal academic year or years or the appropriate portion or portions thereof since the beginning of the period for which continuous enrollment is claimed. Such person need not enroll in summer sessions or other such inter-sessions beyond the normal academic year in order that his or her enrollment be deemed continuous, notwithstanding lapses in enrollment occasioned solely by the scheduling of the commencement and/or termination of the academic years, or appropriate portion thereof, of the public higher educational institutions in which such person enrolls.
Policy/Guideline: 
  1. Rules for Determination of Status
    1. Every person having his or her domicile in this State shall be classified "in-state" for fee and tuition purposes and for admission purposes.
      1. For guidance regarding the Eligibility Verification for Entitlement Act (EVEA) see Exhibit #1.
    2. Every person not having his or her domicile in this State shall be classified "out-of-state" for said purposes.
    3. The domicile of an un-emancipated person is that of his or her parent, except as provided in section E of this rule.
    4. Un-emancipated students of divorced parents shall be classified "in-state" when one parent, regardless of custodial status, is domiciled in Tennessee, except as provided in section E of this rule.
    5. A student is classified "in-state" for fee and tuition purposes if the student is a citizen of the United States, has resided in Tennessee for at least one (1) year immediately prior to admission and has:
      1. Graduated from a Tennessee public secondary school;
      2. Graduated from a private secondary school that is located in this state; or
      3. Earned a Tennessee high school equivalency diploma.
    6. The spouse of a student classified as "in-state" shall also be classified as "in-state", subject to the requirements of T.C.A. Title 4, Chapter 58.
  2. Out-of-State Students who are Not Required to Pay Out-of-State Tuition
    1. An un-emancipated, currently enrolled student shall be reclassified out-of-state should his or her parent, having theretofore been domiciled in the State, remove from the State. However, such student shall not be required to pay out-of-state tuition nor be treated as an out-of-state student for admission purposes so long as his or her enrollment at a public higher educational institution or institutions shall be continuous.
    2. An un-emancipated person whose parent is not domiciled in this State but is a member of the armed forces and stationed in this State or at Fort Campbell pursuant to military orders shall be classified out-of-state but shall not be required to pay out-of-state tuition. Such a person, while in continuous attendance toward the degree for which he or she is currently enrolled, shall not be required to pay out-of-state tuition if his or her parent thereafter is transferred on military orders.
    3. A person whose domicile is in a county of another state lying immediately adjacent to Montgomery County, or whose place of residence is within thirty (30) miles of Austin Peay State University shall be classified out-of-state but shall not be required to pay out-of-state tuition at Austin Peay State University.
    4. A person whose domicile is in Mississippi County, Arkansas, or either Dunklin County, New Madrid County, or Pemiscot County, Missouri and who is admitted to Dyersburg State Community College shall not be required to pay out-of-state tuition.
    5. A person, who is not domiciled in Tennessee, but has a bona fide place of residence in a county which is adjacent to the Tennessee state line and which is also within a 30 mile radius (as determined by THEC) of a city containing a two year TBR institution, shall be classified out-of-state, but admitted without tuition. The two year institution may admit only up to three percent (3%) of the full-time equivalent attendance of the institution without tuition. (THEC may adjust the number of the non-residents admitted pursuant to this section every three (3) years.) (See T.C.A. § 49-8-102)
      1. Students originally admitted to a TBR community college authorized to grant a border county waiver of out-of-state tuition are not entitled to that waiver at any other TBR institution, except as provided in subsection 2.
      2. The waiver of out-of-state tuition granted to a border county student at an admitting institution will follow the student ONLY from a community college to a TBR university if the student transfers from the community college after successfully completing as associate's degree UNLESS this condition is waived by the community college as being in the student's best interest; provided, in any case the student must complete the general education requirement at the TBR community college.
    6. Part-time students who are not domiciled in this State but who are employed full-time in the State, or who are stationed at Fort Campbell pursuant to military orders, shall be classified out-of-state but shall not be required to pay out-of-state tuition. This shall apply to part-time students who are employed in the State by more than one employer, resulting in the equivalent of full-time employment.
    7. Military personnel and their spouses stationed in the State of Tennessee who would be classified out-of-state in accordance with other provisions of these regulations will be classified out-of-state but shall not be required to pay out-of-state tuition. This provision shall not apply to military personnel and their spouses who are stationed in this State primarily for educational purposes.
    8. Dependent children who qualify and are selected to receive a scholarship because their parent is a law enforcement officer, fireman, or emergency medical service technician who was killed or totally and permanently disabled while performing duties within the scope of their employment shall not be required to pay out-of-state tuition. (T.C.A. § 49-4-704)
    9. Active-duty military personnel who begin working on a college degree at a TBR institution while stationed in Tennessee or at Fort Campbell, Kentucky, and who are transferred or deployed prior to completing their degrees, can continue to completion of the degrees at that same institution without being required to pay out-of-state tuition, as long as he/she completes at least one (1) course for credit each twelve (12) month period after the transfer or deployment.  Exceptions may be made in cases where the service member is deployed to an area of armed conflict for periods exceeding twelve (12) months.
    10. Students who participate in a study abroad program, when the course/courses in the study abroad program is/are the only course/courses for which the student is registered during that term, shall not be required to pay out-of-state tuition.
    11. Students who are awarded tuition waiver scholarships for participation in bona fide campus performance-based programs, according to established guidelines, shall not be required to pay out-of-state tuition.
    12. A veteran or other individual eligible to receive educational benefits administered by the United States Department of Veterans Affairs, through any provision of the United States Code, shall not be required to pay out-of-state tuition or any out-of-state fee, when the veteran or other individual is:
      1. Enrolled in any public institution of higher education in this state;
      2. Utilizing such benefits at the enrolling institution; and
      3. Living in the state of Tennessee, regardless of the individual's formal state of residency. (T.C.A. § 49-7-1304)
  3. Honors Programs
    1. Each institution will establish policies regarding out-of-state tuition scholarships for students selected for admissions into formal honors programs at the institution.
  4. Presumption
    1. Unless the contrary appears from clear and convincing evidence, it shall be presumed that an emancipated person does not acquire domicile in this State while enrolled as a full-time student at any public or private higher educational institution in this State, as such status is defined by such institution.
  5. Evidence to be Considered for Establishment of Domicile
    1. If a person asserts that he or she has established domicile in this State he or she has the burden of proving that he or she has done so. Such a person is entitled to provide to the public higher educational institution by which he seeks to be classified or reclassified in-state, any and all evidence which he or she believes will sustain his or her burden of proof. Said institution will consider any and all evidence provided to it concerning such claim of domicile but will not treat any particular type or item of such evidence as conclusive evidence that domicile has or has not been established.
  6. Appeal
    1. The classification officer of each public higher educational institution shall be responsible for initially classifying students "in-state" or "out-of-state". Appropriate procedures shall be established by each such institution by which a student may appeal his or her initial classification.
  7. Effective Date for Reclassification
    1. If a student classified out-of-state applies for in-state classification and is subsequently so classified, his or her in-state classification shall be effective as of the date on which reclassification was sought.
    2. However, out-of-state tuition will be charged for any quarter or semester during which reclassification is sought and obtained unless application for reclassification is made to the admissions officer on or before the last day of registration of that quarter or semester.
  8. Effective Date
    1. These regulations supersede all regulations concerning classification of persons for fees and tuition and admission purposes previously adopted by the State Board of Regents, and having been approved by the Governor, become effective July 1, 1983, or upon their becoming effective pursuant to the provisions of T.C.A. Section 4-5-101 et seq. as amended.
Sources: 

Statutes

T.C.A. § 49-8-104

Approvals & Revisions

TBR Meetings, December 13, 1974; February 21, 1975, March 21, 1986, September 16, 1988; June 29, 1990; June 24, 1994; March 30, 2001; December 7, 2001; December 5, 2003; June 30, 2006; June 20, 2014; Revised at TBR Board Meeting September 16, 2015. Ministerial change, January 11, 2018 by revision of T.C.A. § 49-7-1304 and Repeal of T.C.A. § 49-7-1305. 

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