Federal and state policy and legislative updates

NIRSA’s Government Affairs Committee stays up-to-date on the latest federal and state policy and legislative news through a variety of scanning tools. One particular resource they use is the bi-weekly Policy Pages provided by Active Policy Solutions. (For more on partnership, along with other SAHEC associations, have with Active Policy Solutions, see below.)

The policy issues included in the Policy Pages document are highlights of a point in time. They are by no means exhaustive and change continually – so matters discussed in the last issue normally will not carry over to the next unless there is some updated action to be discussed.

The Committee encourages NIRSA members to keep themselves informed on federal and state policy issues affecting their work as professionals on campuses. These issues could be specific to higher education, physical activity, or NIRSA’s strategic value areas. If you have an issue that is of concern to your campus, reach out the Government Affairs Committee.

Policy Page documents will be stored, as a resource for NRISA members, in the NIRSA Connect Community library. You can find them within the “Member Benefits” folder in a subfolder titled “Federal and State Policy Pages.”

In this issue:

Government Updates

Federal Education

• Biden Admin.’s college student loan repayment plan faces Supreme Court hearing reports The Hill
• Current college campus free speech and religious freedom protecting federal rule to be partially rescinded by US Dept. of Education reports Higher Ed Dive
• College student sexual violence survey mandated from US Dept. of Education by Congress lacks necessary funding reports Higher Ed Dive
• US Dept. of Education’s updates to its Regulatory and Deregulatory Actions Agenda published in the Federal Register
• West Virginia school and college sports teams’ ban of transgender athletes temporarily blocked by federal appeals court reports CBS News
• Requiring female high school student-athletes to share menstrual data may violate federal laws reports PBS Newshour

Federal Health

• Teen and young adult mental health challenges discussed by HHS Secretary Becerra and Oregon Governor Kotek in Portland
• First flu and COVID-19 combined at-home test approved by FDA reports The Washington Post

Federal Legislation

• College disclosure of foreign influence requirement bill, “Stop Higher Education Espionage and Theft Act” (HR 1146), introduced

Federal Comment Opportunity

• College religious student organization regulations removal open to public comments by the US Department of Education
• College freedom of speech, thought, and religious requirements for grants open to public comment by the US Department of Education

State and Local Government

Arkansas

• Arkansas counseling compact bill passes the state house and now before the state senate

California

• California college mental health lifeline requirement bill awaiting committee action
• California college requirement to distribute fentanyl strips bill hearing scheduled
• California college campus safety hate crime survey bill hearing held
• California college campus name and gender affirmation bill awaiting committee action
• California college students service-learning graduation requirement bill introduced
• California college drug tests equipment in stock requiring bill introduced
• California campuses safety assessment bill introduced
• California college student mental health to be addressed by legislature bill introduced
• California Cal State system sexual harassment complaints report requirement bill referred to committee

Connecticut

• Connecticut college childcare assessment plan deadline extension bill hearing scheduled

Florida

• Florida college diversity and inclusion effort and hiring practices overhaul omnibus bill introduced

Illinois

• Illinois disabled college student accommodation bill, “RISE Act,” referred to committee
• Illinois hunger-free college campus grant bill referred to committee
• Illinois concealed carry expansion bill referred to committee
• Illinois college and school COVID-19 vaccination mandate prohibiting bill referred to committee
• Illinois college emergency contraceptive vending machine bill referred to committee

Kansas

• Kansas college and school sports participation by sex assigned at birth bill, “Fairness in Women’s Sports Act,” passes the state house
• Kansas cigarette and tobacco products minimum age increasing bill passes committee

Kentucky

• Kentucky college student criminal record on application prohibition bill introduced
• Kentucky telehealth providers not required to have in-state physical location bill referred to committee

Maryland

• Maryland college mental health advisory committee creation bill referred to committee
• Maryland college contracting with gambling entities prohibiting bills referred to committee
• Maryland college transcript provision to in-debt students protocol bill withdrawn by the sponsor, effectively killing the bill
• Maryland Access to Mental Health Advisory Committee creating bill passes the state senate and now in the state house
• Maryland college Hunger-Free Campus Grant Program bill hearing held
• Maryland vaccination for minors with minor’s consent bill withdrawn by sponsor

Michigan

• Michigan Title IX violation reporting hindering punishment bill referred to committee

Minnesota

• Minnesota college sexual assault hearing and training requirement bills referred to committee
• Minnesota gender identity non-discrimination housing bills referred to committee

Missouri

• Missouri hairstyle anti-discrimination bill hearing held

Nebraska

• Nebraska college enrollment criminal history and juvenile court record restrictions bill public hearing held

New Hampshire

• New Hampshire college freedom of speech and association bill hearing held

New York

• New York college campuses hate crimes reporting bills referred to committee in the state house and slated for a committee vote in the state senate
• New York SUNY and CUNY mental health staff ratio bill referred to committee
• New York college text books lowering costs bill referred to committee
• New York CUNY college mental health counselors bills, “New Deal For CUNY,” referred to committee
• New York college homeless student support bill referred to committee

North Carolina

• North Carolina State University’s Student Mental Health Task Force makes recommendations for improvements after multiple deaths by suicide reports The Charlotte Observer

North Dakota

• North Dakota space and activity participation limitation by sex assigned at birth bill passes state house
• North Dakota school class discrimination prohibition and HIV education provision bill fails to pass second reading

Ohio

• Ohio college and school sports participation by sex assigned at birth bill, “Save Women’s Sports Act,” introduced and assigned to committee

Oklahoma

• Oklahoma higher education learning access program eligibility requirements bill passes committee

Oregon

• Oregon college Hunger-Free Campus designation creating bill public hearing held
• Oregon college sexual misconduct procedures setting and Sexual Misconduct Survey Council creating bill referred to committee
• Oregon college student eviction and homelessness prevention program funding bill hearing scheduled

South Dakota

• South Dakota COVID-19 conscience exemption option requiring bill fails to pass the state house

Tennessee

• Tennessee college ban on internet video platforms based outside of the United States bill passes committee

Texas

• University of Texas System suspends diversity, equity, and inclusion (DEI) policies
• Texas college handguns on campus regulation by college permitting bill filed
• Texas college polling places prohibiting bill filed
• Texas school and college use of opioid antagonists bill filed

Utah

• Utah college in-state tuition for non-citizens of certain immigration status bill passes the state legislature and awaiting transmittal to the governor
• Utah vaccine passport prohibition bill passes the state house and pending final vote in the state senate

Vermont

• Vermont college sexual assault reporting and training bill referred to committee

Virginia

• Virginia legislature sees all 12 anti-LGBTQ bills introduced this session die reports The Washington Blade
• Virginia school and college sports participation by gender assigned at birth bill, “Save Girls and Women’s Sports,” passes the state house but fails to pass the state senate
• Virginia college housing no cost for students enrolled in foster care bill passes the state legislature and sent to the governor
• Virginia Counseling Compact entrance authorization bill passes the state legislature and sent to the governor
• Virginia gun storage requirements bill passes the state house, but fails to pass state senate committee

Washington

• Washington college student basic needs bill substitute passes committee
• Washington vaccination status discrimination bill introduced
• Washington telehealth out-of-state healthcare providers bill substitute passes committee
• Washington college student basic needs bill passes committee
• Washington semiautomatic external defibrillators at fitness centers requiring bill passes committee

West Virginia

• West Virginia college social media privacy requirements bill amended, passes committee, and referred to a second committee
• West Virginia college and school student identification cards with suicide prevention information bill passes the state house and passes committee in the state senate
• West Virginia college hazing defining bill introduced
• West Virginia college non-discrimination bill introduced
• West Virginia campus carry bill passes the state legislature and sent to the governor who is expected to sign
• West Virginia hunger-free college campus bill introduced

Funding

• North Carolina public universities receive mental health resources and trainings funding

Education

• College marijuana use increasing as more states legalize recreational use reports Inside Higher Ed
• College student physical education requirements continue to decline according to new study

Civil Rights

• Title IX anti-retaliation policies prevent college student clubs from expelling alleged assailants reports Yale Daily News
• Title IX complaint-related harassment led to cadet’s suicide according to lawsuit filed by his father reports Inside Higher Ed

Health & Wellness

• Mental health issues in the US not just faced by youth according to new study

About NIRSA’s partnership with Active Policy Solutions

As an association, NIRSA strives to monitor and track policy and legislative issues with the potential to impact our members or the campus communities they serve. These issues are wide ranging and may pertain to higher education, employment law, physical fitness, or our strategic values areas.

NIRSA has joined with a subset of SAHEC members (ACUHO-I, ACPA, ASCA, NASPA, and NIRSA) in hiring Active Policy Solutions to assist with monitoring, tracking, analyzing, and determining appropriate action on issues relevant to our associations. Through our partnership with SAHEC, NIRSA continues to monitor policy, legislation, and advocacy work that affects both the higher education and physical activity space. Active Policy Solutions provides government relations and advocacy support to NIRSA and the Association’s SAHEC partners.