Tennessee § 49-7-1002 - Review of state legislative funding requests for public higher education.

§ 49-7-1002. Review of state legislative funding requests for public higher education.

All legislative proposals or requests for state funding toward public higher education capital projects, maintenance, new academic programs, public service, research activities, and engagement opportunities or operational support coming before the general assembly shall first be considered and acted upon through established processes and procedures to review such requests; provided, however, that if such consideration or action through established processes and procedures is not possible, then such legislative proposals or requests shall be made with the knowledge of the executive director of the Tennessee higher education commission, the chancellor of the board of regents, or the president of the University of Tennessee, as applicable, and the chief executive officer of the institution for which the proposal or request for state funding is made. The executive director, chancellor, and the president shall be accountable for ensuring that the established processes for considering and evaluating such requests are followed to the greatest extent possible. At no time shall an employee of a state institution of higher education advance state legislative funding requests without the knowledge of the executive director, chancellor, or president of the respective system or institution for which the request is made, and the chief executive officer of the institution, campus, or unit. The executive director, chancellor, and president are expected to advance such policies or proposals through existing processes and procedures established in the spirit to maximize the state's ability to strategically plan, execute, and maintain the state's public higher education obligations. The governing board of each institution shall be authorized to take such action as each board deems reasonable and appropriate to enforce this part and that is consistent with the purpose of this part. Acts 2014, ch. 538, § 1; 2016, ch. 869, § 30. Compiler's Notes. Former part 10, §§ 49-7-1001 — 49-7-1007 (Acts 1976, ch. 747, §§ 2-10; 1978, ch. 654, § 1; T.C.A., §§ 49-5301 — 49-5309), concerning cooperative education, was repealed by Acts 1984, ch. 519, § 1. Acts 2016, ch. 869, § 33 provided that the state university boards are authorized to promulgate rules to effectuate the purposes of this act. The rules shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. Attorney General Opinions. Adoption of policy pursuant to T.C.A. § 49-7-1002 by the Tennessee Board of Regents (TBR) would not violate T.C.A. § 8-50-602 , but may be susceptible to challenge under the First Amendment to the United States Constitution. OAG 15-19, 2015 Tenn. AG LEXIS 19 (3/13/15).