(a) This section shall be known and may be cited as the “Brian Byrge Act.”

(b) As used in this section, “space availability” means the maximum possible enrollment for the class has not been reached.

(c) Temporary part-time employees and regular part-time employees of the community college system or Tennessee colleges of applied technology shall be eligible for enrollment in one (1) course, consisting of no more than four (4) credit hours or one hundred twenty (120) clock hours, per term at any community college or Tennessee college of applied technology, at which such temporary part-time employee or regular part-time employee is employed, without paying tuition charges or maintenance fees. However, temporary part-time employees and regular part-time employees shall be responsible for fees, other than maintenance fees, associated with their enrollment and attendance.

(d) Enrollment privileges may be limited or denied by the community college or Tennessee college of applied technology on an individual classroom basis according to space availability. No tuition paying student shall be denied enrollment in a course because of part-time employee enrollment pursuant to this section.

(e) Courses taken under this section shall be governed by the academic rules and regulations of the institution or school offering the course or courses.

(f) This section shall have no effect on existing staff development programs at the institutions and schools of the state university and community college system.

(g) It is the legislative intent that the fees waived by this section shall not be deducted from the institution's budgets recommended by the Tennessee higher education commission.

(h) This section shall not apply to:

(1) Adjunct faculty; or

(2) Temporary part-time employees who are hired through a temporary work agency or temporary staffing firm, where the temporary work agency or temporary staffing firm pays the employee.