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Bill

SB 1899

Education, Higher - As introduced, allows a public institution of higher education to suspend a faculty member, including tenured faculty members, without pay during the pendency of any investigation or hearings conducted to determine whether adequate cause for the faculty member's termination exists; requires the president or chief executive officer for a public institution of higher education who is selected or appointed by the institution's governing board on or after July 1, 2026, to be confirmed by the senate and house of representatives. - Amends TCA Title 49.

114th Regular Session (2025-2026) Introduced by Joey Hensley

Allows public colleges to suspend tenured faculty without pay during termination investigations.

Assigned to General Subcommittee of Senate Education Committee
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Bill Summary · SB 1899

Summary of Bill SB 1899 (Session 114, Tennessee)

Purpose and Intent

  • Authorizes public higher education institutions to suspend faculty members, including tenured faculty, without pay during the pendency of investigations or hearings assessing whether there is adequate cause for termination.
  • Requires confirmation by the Senate and House of Representatives for certain chief executive officer appointments (institutional leaders) made on or after July 1, 2026.
  • Applies to institutions governed by the Board of Regents or the State University and Community College System (University of Tennessee system, etc.).

Key Provisions

1) Suspension of Faculty without Pay (new subsection in 49-8-302)

  • If the president of an institution determines adequate cause exists to terminate a faculty member (including tenured), the institution may suspend that faculty member without pay during the pendency of any investigation or hearings on termination.

2) Board-Selected Chief Executives Require Legislative Confirmation (new subsections in 49-9-209 and 49-8-203)

  • Beginning July 1, 2026, chief executive officers selected by the board (Board of Regents or state university board) are subject to confirmation by the Senate and House of Representatives.
  • If either house fails to confirm within 90 calendar days after the General Assembly next convenes in regular session following the board’s appointment, the officer’s employment with the board is terminated on the day after the 90th day, and the board must declare a vacancy.

3) UT System President Confirmation (specific to 49-9-209(d)(1))

  • The president of the University of Tennessee system, appointed on or after July 1, 2026, by the UT Board of Trustees, is subject to Senate and House confirmation.
  • If not confirmed within 90 days after the General Assembly next convenes following appointment, the president’s employment is terminated and a vacancy is declared.

4) Effective Dates

  • General effectiveness for policies: takes effect upon becoming law.
  • Substantive provisions (suspension authority and confirmation requirements) generally apply to acts or appointments occurring on or after July 1, 2026.

Who Is Affected

  • Faculty members at public higher education institutions (including tenured faculty) may be suspended without pay during termination investigations.
  • Institutions governed by the Board of Regents or a state university board (including the UT system) and their presidents/CEOs.
  • The Tennessee General Assembly, through its confirmation powers, regarding appointment of chief executive officers and the UT system president.

Procedural and Timeline Considerations

  • Suspension authority is discretionary and contingent on finding adequate cause for termination by the institution’s president or relevant chancellor.
  • Legislative confirmation timelines: 90 calendar days for either house to confirm a board-appointed CEO or UT president after general assembly session; failure to confirm triggers automatic vacancy.
  • Policy implementation: institutions can update policies within existing resources; any potential salary savings from suspensions are not expected to be significant, as reinstated employees may be due back pay if not terminated.

Fiscal Impact

  • The fiscal note states “Not Significant.”
  • Assumes policy updates can be made with existing resources; any suspensions with back pay would depend on investigation outcomes, but overall salary savings are not anticipated to be substantial.
  • Confirmation process occurs during regular legislative sessions and is not expected to create significant new expenditures.

Related Documents

  • Fiscal note: SB 1899 - HB 1894 (Fiscal Review Committee)
  • Action history shows progression through Senate Education Committee and prior readings. Sponsor: Senator Hensley; Co-sponsor: Representative Maberry (and Hensley in Senate).

Compiled from official sources — confirm details with the bill’s official record.

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