TICUA Policy Update

The Tennessee Capitol in Nashville, Tenn.

Mark Humphrey / AP file

There was no April fooling at the statehouse this week, only work as state officials are racing to close the 114th Tennessee General Assembly before Easter weekend. All education committees have now closed for the session. Following the closing of the House Higher Education Subcommittee and the Senate Education Committee last week, Chairman White convened the House Education Committee three times this week to finish their last agenda, which included 55 bills, many of which have effects on higher education.

Education Bills Impacting TICUA Institutions

SB1387/HB0645 adds Western Governors University (WGU) as a postsecondary institution at which Tennessee students may receive the Senator Ben Atchley Opportunity Grant, an additional $2,000 per year for low-income students who qualify for the Tennessee Student Assistance Award (TSAA).

If you have been following, this bill has already passed the Senate Education Committee and the House Higher Education Committee. Tuesday's House Education Committee was the last opportunity for TICUA to work to stop the advancement of this concerning bill in committee. The committee heard testimony from Dr. Kim Estep, Chancellor of Western Governors University Tennessee, where she focused on WGU’s mission of serving non-traditional students, particularly in rural areas where they may not have convenient access to brick-and-mortar colleges or universities. Several representatives voiced support for WGU and bill sponsor Representative Johnny Garrett highlighted the special relationship WGU has with the state, compared to other online providers, due to being invited into the state by Governor Haslam in 2013 during his “Drive to 55” initiative.

Representatives McKenzie and Cepicky then spoke in opposition to the bill and cautioned fellow committee members from expanding the grant to WGU because TSAA is not currently fully funded. Representative Cepicky went on to say that this bill would open a “Pandora’s box” if the state starts sending state funds to out-of-state online providers and could jeopardize the currently established brick-and-mortar institutions in our state.

After debate, the vote was called, and, with the closest possible margin, the bill failed to move forward, with an 8 (aye)-8 (nay)-1(present not voting) vote. Two additional committee members abstained from voting altogether.  This effectively kills the bill, and it will not move forward this session.

HB0377/SB0376 prohibits the exclusion of persons from participating in, being denied the benefits of, or being subject to discrimination by a four-year public or private institution of higher education in this state on the basis of race, color, ethnicity, and national origin; prohibits such institutions from using race, color, ethnicity, or national origin in determining whether a prospective student qualifies for admission into the institution, or receives scholarships or financial aid; creates a private cause of action against an institution and its officers, employees, and agents for such unlawful practices. An amendment was added in consultation with higher education constituents that inserted the word “solely” to the prohibition of scholarship awarding based on race, giving some latitude for institutions. The amendment also limits the liability if an admissions or financial aid staff member views student racial information in data systems and requires training about this new law to those employees once the bill becomes law.  The bill passed through committee, but TICUA will continue to monitor as it moves forward for floor votes to ensure the amendment stays intact and no further changes are made.

HB0194/SB0536 is a caption bill, and the amendment traveling with it focuses on updating the state’s Name, Image, and Likeness (NIL) laws for student athletes and universities. The bill allows institutions to directly pay student athletes, adds multiple provisions to protect students’ confidentiality, and ensures the NCAA’s liability cannot be transferred to the state. The bill passed.

HB1188 by Grills/(*SB1209 by Rose.) prohibits discrimination on the basis of race, ethnicity, national origin, sex, disability, religion, or marital status against a student or an employee in a public institution of education; requires public institutions of education to treat harassment or discrimination against students or employees, or resulting from institutional policies or programs on their campuses, motivated by or including antisemitic intent in an identical manner to discrimination motivated by race; requires Title VI coordinators to be designated to monitor antisemitic discrimination and harassment at K-12 schools and institutions of higher education.

On Tuesday morning two hours prior to the committee meeting, an untimely amendment was filed that would have added private universities to this bill. After a meeting with the amendment sponsor and assistance from several other committee members explaining the infringement on religious liberty this bill would pose to our private, faith-based institutions, the amendment was not taken up at committee. The bill passed out of committee with the focus on public colleges and universities only.

HB1056/SB0989 is a caption bill. The amendment provides a 25% tuition discount at the state’s public colleges and universities for children of all public school employees. The current code provides this benefit exclusively to teachers. The bill passed with an updated fiscal note, clarifying that a tuition discount is not free to the state and estimated costs of the discount to be as much as $45M a year. State colleges are already absorbing an estimated 10,000 such discounts for children of public school teachers each year.  The bill passed and will go to Finance Committee next.

HB0919/SB0933 modifies the appointing authority of the governor, the Speaker of the Senate, and the Speaker of the House of Representatives to state college and university boards. The bill adds two additional appointments to the boards of the Tennessee Board of Regents (Community Colleges and TCATS), locally-governed state universities, and the University of Tennessee System and gives the Speaker of the House and the Lieutenant Governor authority to appoint two members each to each board, in addition to the board members currently appointed by the governor.  On Monday, a new amendment was added that allows a limited number of board members to be nonresidents of TN. The bill passed.

As the future of the federal Department of Education is playing out in Washington D.C., Tennessee lawmakers are hoping to start planning for possible changes at the state level. SB0950/HB0958, as amended, creates a Federal Education Deregulation Cooperation Task Force to prepare this state for the potential of deregulation of federal laws, regulations, requirements, and guidance for kindergarten through grade twelve (K-12) education. The bill requires appointments to the seven-person Task Force by July 1, 2025 and its first meeting by August 1, 2025. The bill passed.

Rep. Mark White, R-Memphis, House Education Chairman.

Photo: John Partipilo/Tennessee Lookout

The two most controversial bills were saved for last on the agenda Wednesday evening. After lengthy debate from both sides, HB0025/SB0016, which seeks to codify in state law transfer rules for high school athletes, passed by one vote. HB0662/SB0714 as amended, which allows for a state intervention in the governance of Shelby County Schools, passed along party lines.

The House and Senate finance committees, along with a few other committees will be working diligently to finish business next week, and House and Senate floor sessions will kick into high gear for the next two weeks. TICUA will continue to monitor all the bills that have passed out of the committees this session for last minute changes and floor votes and will keep the membership posted as bills are signed into law by Governor Lee.