DISTANCE EDUCATION AUTHORIZATION IN TENNESSEE I.
INTRODUCTION In Tennessee, the traditional regulation of non-exempt postsecondary educational institutions is governed by the Tennessee Higher Education Authorization Act of 2016, Tennessee Code Annotated Title 49, Chapter 7, Part 20, and Rule Chapters 1540-01-02 and 1540-01-10. The purpose of the regulation is to: provide for the protection, education, and welfare of the citizens of this state, its postsecondary educational institutions, and its students, through regulatory oversight to ensure consumer protections are appropriately maintained, while also acknowledging the heightened standards institutions may achieve and maintain through academic accreditors. See Tenn. Code. Ann. § 49-7-2002. The Tennessee Higher Education Commission (“THEC”) is the state agency tasked with the regulatory function. Oversight of certain postsecondary educational institutions is also governed by the State Authorization Reciprocity Agreement Act. Tennessee Code Annotated Title 49, Chapter 7, Part 15. As a result of this act, Tennessee became a member of the State Authorization Reciprocity Agreements (“SARA”) in 2015, and THEC serves as the state portal entity. This document contains information specifically relevant to out-of-state institutions offering distance education. Generally, a non-exempt postsecondary educational institution creating a physical presence in Tennessee must obtain authorization to operate or engage in certain activities in Tennessee. A detailed flowchart designed to help institutions determine whether authorization is needed is available HERE. If after reviewing the flowchart and this document, you determine that your institution does not engage in any activity creating a physical presence thereby requiring authorization, then no further action by your institution is required. However, if you determine otherwise, the next question is whether your institution meets the criteria for receiving an exemption. A detailed list of exemptions is available at Exemption Authority Citations. The exemption determination process is described in this document at Section III, “Exemptions.” If no exemption applies and your institution is creating a physical presence, then you must submit an application for authorization. The application process is described in this document at Section IV, “Obtaining Authorization.”
Prepared by the Tennessee Higher Education Commission Version 07_2025
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