(a) The general assembly recognizes:

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Terms Used In Tennessee Code 49-7-2018

  • Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
  • Commission: means the Tennessee higher education commission. See Tennessee Code 49-7-2003
  • Entity: includes , but is not limited to, any company, firm, society, association, partnership, corporation and trust. See Tennessee Code 49-7-2003
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • fund: means the tuition guaranty fund created by §. See Tennessee Code 49-7-2003
  • 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
  • Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
  • Representative: when applied to those who represent a decedent, includes executors and administrators, unless the context implies heirs and distributees. See Tennessee Code 1-3-105
  • State: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
  • Year: means a calendar year, unless otherwise expressed. See Tennessee Code 1-3-105
(1) The need to establish a fund from which reimbursement can be made to students who reside in Tennessee or attend an authorized location with a Tennessee address, or an entity making loans to those students at postsecondary educational institutions that close without earning tuition collected from enrollees; and
(2) That the moneys for the fund can be most properly raised based on the level of tuition collections at each such educational institution.
(b) There is established the tuition guaranty fund, which is established in the state treasury as a separate, revolving, nonreverting agency account for the purpose of receiving fees and paying claims authorized by this section. The moneys in the fund shall be invested by the state treasurer, as are other state funds, and any interest so obtained shall be added to the fund. Payments out of the fund shall be made by warrant of the state treasurer, as directed by the board of directors of the tuition guaranty fund.
(c) There is established the board of directors of the tuition guaranty fund, which must be composed of the comptroller of the treasury, the commissioner of finance and administration, the state treasurer, the executive director of the Tennessee higher education commission, and a representative of the private postsecondary education industry named by the chair of the commission, or their respective designees, if so designated in writing. The state treasurer or the state treasurer’s designee serves as the chair. The board may take any actions necessary to administer the fund, including the promulgation of rules and bylaws. The board shall report annually to the general assembly and governor on the condition of the fund.
(d)

(1) There is imposed on each postsecondary educational institution authorized under this part, unless the institution is exempt under § 49-7-2004, a tuition guaranty fund fee in accordance with the schedule set out in the rules promulgated pursuant to this chapter.
(2) The fee must be based on tuition collections, however described, in the previous fiscal year, unless the board determines that a different time measure is more appropriate for an institution. The fee must be paid to the tuition guaranty fund by May 15 each year; provided, that the board may establish an alternative date to account for variations in institutional programs and schedules. The board may also establish late payment penalties by rule.
(e) At such time as the board, in its discretion, determines that the fund is adequately funded to insure against institutional closure, the board may suspend collection of the fee, but may institute it at such time as the fund balance drops below a predetermined minimum balance. For a new postsecondary educational institution that begins engaging in activities or operations in this state after July 1, 2006, the institution must meet bonding requirements, as specified in § 49-7-2013, and pay guaranty fund assessments as specified in subsection (d), for at least six (6) years.
(f) If an institution participating in the fund goes into bankruptcy or ceases activities or operations in this state without completing its educational obligations or reimbursing its students, then the board may reimburse valid claims of students for tuition paid to that institution, in accordance with guidelines and rules established by the board. As a condition of receiving reimbursement from the fund, a student must agree to subrogate the student’s right of recovery against the institution to the board.
(g) The board is authorized to audit the accounts of any institution covered under this section to ascertain the correctness of any tendered fee and to take appropriate actions, through the attorney general and reporter, to enforce its rights and responsibilities under this section.
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