(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:

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Terms Used In Tennessee Code 49-7-2006

  • Commission: means the Tennessee higher education commission. See Tennessee Code 49-7-2003
  • Educational credentials: means degrees, diplomas, certificates, transcripts, reports, documents, or letters of designation, marks, appellations, series of letters, numbers or words which signify, purport or are generally taken to signify enrollment, attendance, progress or satisfactory completion of the requirements or prerequisites for education at a postsecondary educational institution. See Tennessee Code 49-7-2003
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Postsecondary educational institution: includes , but is not limited to, a school, college, university, or other type of entity offering educational credentials, instruction, educational services, or other activities as described in §. See Tennessee Code 49-7-2003
  • United States: includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
(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.
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