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 NIRSA 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

• Education Secretary Miguel Cardona calls for increased funding for Dept.’s Office for Civil Rights
• Northwestern University handling of Israel-Hamas protests under investigation by House panel reports Higher Ed Dive
• Colleges and schools reminded of legal obligation to address discrimination based on shared ancestry and ethnic characteristics by US Dept. of Education’s Office for Civil Rights
• Federal student aid eligibility tables updated by US Dept. of Education
• Public college and K-12 school new ADA digital accessibility requirements subject of Higher Ed Dive article

Federal Legislation

• US Department of Education’s Office for Civil Rights appropriation bill (HR 8271) introduced
• College foster and unhoused student residential priority and support services bill, “Higher Education Access and Success for Homeless and Foster Youth Act” (HR 8273), introduced
• College unlawful activity to result in required Gaza community service bill (HR 8321) introduced
• College student anti-Semitic related arrest resulting in loan forgiveness ineligibility bill, “No Student Loan Forgiveness for Anti-Semitic Criminals Act” (HR 8332), introduced
• Ending campus encampments resolution (HRes 1212) introduced
• College encampments non-removal resulting in ineligibility for federal education funding assistance bill, “Encampments or Endowments Act” (S 4295), introduced
• College student protest or trespassing arrest resulting in federal student assistance ineligibility bill, “No Higher Education Assistance for Mobs of Antisemitic and Terrorist Sympathizing Students (No HAMAS) Act” (S 4302), introduced
• College loan institution liability and amount restricting bill, “College Cost Reduction Act” (HR 6951), receives the Congressional Budget Office’s attention

State and Local Government

Alabama

• Alabama college disclosure of foreign funding requiring bill signed into law

California

• California Student Housing Revolving Loan Fund Act of 2022 bill has hearing scheduled

Connecticut

• Connecticut college substance-free housing option bill passes the state house and now in the state senate

Florida

• Florida gender identity employment practices bill fails to pass the state legislature
• Florida omnibus education bill with college fees and literacy assessment provisions signed into law
• Florida education reform bill signed into law

Iowa

• Iowa college equity diversity and inclusion office funding prohibition bill fails to pass the state legislature
• Iowa firearms on school and college property regulating bill fails to pass the state legislature
• Iowa public college student organizations supporting terrorism prohibiting bill fails to pass the state legislature
• Iowa college tuition cap bill fails to pass the state legislature
• Iowa college concepts of racism and sexism in diversity and inclusion training prohibiting bill fails to pass the state legislature
• Iowa pregnant college student limiting participation and housing prohibition bill fails to pass the state legislature
• Iowa vaccine registry/reporting requirement ban bill fails to pass the state legislature

Louisiana

• Louisiana designation by sex assigned at birth for restrooms, changing rooms, and sleeping quarters requiring bill passes the state legislature
• Louisiana college and school DEI program disclosure requiring bill passes the state house and now in the state senate
• Louisiana college Title IX reporting requiring bill passes the state senate and passes committee in the state house

Maryland

• Maryland sport field synthetic turf installation system establishing bill signed into law

Massachusetts

• Massachusetts college transcript denying due to money owed prohibiting bill awaiting committee action

Michigan

• Michigan college student religious observance requiring bill, “Religious Accommodation in Postsecondary Education Act,” awaiting committee action

Minnesota

• Minnesota state entities, including public colleges, rainbow display removal or banning prohibiting bill in committee
• Minnesota college admission faith statement and certain factors considering prohibition removing bill awaiting committee action

Mississippi

• Mississippi college housing separated by sex assigned at birth requiring bill, “Safer Act,” signed into law

New Hampshire

• New Hampshire college students, student organizations, and faculty members due process rights bill passes the state house and referred to interim study in the state senate effectively killing the bill
• New Hampshire immunization registry data sharing by state prohibiting bill passes the state house and referred to interim study in the state senate effectively killing the bill

New York

• New York college emergency contraception education requiring bill awaiting state assembly committee action
• New York public college menstrual products requirement bill passes committee

Rhode Island

• Rhode Island college transcript withholding due to money due prohibiting bill passes the state senate and now in the state house

Tennessee

• Tennessee college discrimination investigation timeline requiring bill, “Tennessee Higher Education Freedom of Expression and Transparency Act,” signed into law
• Tennessee college equal protection oversight in audits requiring bill state senate version passes state legislature 12

Virginia

• Virginia college legacy admission prohibiting bill (MA SB 46) signed into law
• Virginia College Hunger-Free Campus Grant Program establishing bill (MA HB 827) signed into law

Other Updates

• College state and local funding rose 3.7% in FY23 reports Higher Ed Dive
• College freshmen mostly satisfied with their college experience mid-year finds new study
• College mental health impacts from Israel-Hamas war protests subject of Inside Higher Ed article

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.