Bethel University v. Tennessee State Board of Education, Et Al.

The Tennessee Board of Education (“the Board”) denied approval of Bethel University’s (“Bethel”) educator preparation program (“EPP”). After unsuccessfully pursuing remedies under the Uniform Administrative Procedures Act (UAPA), Bethel sought judicial review of the Board’s action. The trial court found that the Board Policy 5.504, relied upon by the Board in its decision, was invalid and reinstated approval of Bethel’s EPP. The Board appeals, asserting 5.504 is a valid policy within the meaning of the UAPA and that the court erred in reinstating Bethel’s EPP. We affirm the trial court’s holding that 5.504 is a rule within the meaning of the UAPA and, since it was not promulgated as a rule in accordance with the UAPA, it is invalid and could not be used as a basis of denying approval of Bethel’s EPP. Further, we have determined that the court exceeded its authority in ordering reinstatement of Bethel’s EPP; we vacate the decision in that regard and remand the case to the trial court with instructions to remand the case to the Board for further consideration of Bethel’s approval status as an EPP.