HB0576112th GA (Historical)Introduced

Amends TCA Title 49, Chapter 1 and Title 49, Chapter 7.

This bill requires the department of education and the governing board of each public institution of higher education to promulgate rules, not later than September 1, 2021:<br /> <br /> (1) To, in the case of the department, regulate how the department's office for civil rights effectuates the office's duty to ensure that the department complies with Title VI of the Civil Rights Act of 1964 and Title IX of the Education Amendments of 1972 and assist programs that receive funding from the department to comply with such federal laws; and<br /> <br /> (2) To, in the case of the governing boards, ensure that each public institution of higher education under the respective board's control is in compliance with the above-referenced Acts.<br /> <br /> This bill specifies that the rules promulgated under this bill must comply with federal laws and regulations but not include policy guidance issued by the United States department of education. This bill prohibits the department and governing boards from changing the rules promulgated under this bill without holding a public hearing or through promulgation of emergency rules, unless:<br /> <br /> (1) The change is required by the constitution or a federal court order; or<br /> <br /> (2) The change is required by an agency of the federal government through a change in federal regulations, and adoption of the rule through ordinary rulemaking procedures might jeopardize the loss of a federal program or funds.<br /> <br /> This bill authorizes the comptroller of the treasury to conduct a thorough review of the department's office for civil rights and of the governing boards to ensure compliance with this bill. This bill requires the comptroller to notify the chairs of the joint government operations committee upon the completion of any such review. Upon such notification, the government operations joint subcommittee on education, health, and general welfare may hold a public hearing to receive testimony from the comptroller and the entity found to be noncompliant. This bill also requires the comptroller to submit a report of any review conducted to the education committees of the senate and the house of representatives, and to the chairs of the government operations joint subcommittee on education, health, and general welfare.<br />

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Overview

This bill requires the department of education and the governing board of each public institution of higher education to promulgate rules, not later than September 1, 2021:<br /> <br /> (1) To, in the case of the department, regulate how the department's office for civil rights effectuates the office's duty to ensure that the department complies with Title VI of the Civil Rights Act of 1964 and Title IX of the Education Amendments of 1972 and assist programs that receive funding from the department to comply with such federal laws; and<br /> <br /> (2) To, in the case of the governing boards, ensure that each public institution of higher education under the respective board's control is in compliance with the above-referenced Acts.<br /> <br /> This bill specifies that the rules promulgated under this bill must comply with federal laws and regulations but not include policy guidance issued by the United States department of education. This bill prohibits the department and governing boards from changing the rules promulgated under this bill without holding a public hearing or through promulgation of emergency rules, unless:<br /> <br /> (1) The change is required by the constitution or a federal court order; or<br /> <br /> (2) The change is required by an agency of the federal government through a change in federal regulations, and adoption of the rule through ordinary rulemaking procedures might jeopardize the loss of a federal program or funds.<br /> <br /> This bill authorizes the comptroller of the treasury to conduct a thorough review of the department's office for civil rights and of the governing boards to ensure compliance with this bill. This bill requires the comptroller to notify the chairs of the joint government operations committee upon the completion of any such review. Upon such notification, the government operations joint subcommittee on education, health, and general welfare may hold a public hearing to receive testimony from the comptroller and the entity found to be noncompliant. This bill also requires the comptroller to submit a report of any review conducted to the education committees of the senate and the house of representatives, and to the chairs of the government operations joint subcommittee on education, health, and general welfare.<br />

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Sponsor

Unknown

Details
Session

112th General Assembly

Introduced

February 5, 2021

Subjects
1520500545191530152509350470

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