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 & Health

• Title IX proposed regulations around sports participation briefing hosted by the White House
• College Student Financial Aid Form verification requirements open for public comments
• Abortion pill ruling temporary pause granted by the US Supreme Court
• DACA recipients now eligible for Medicaid and participation in the health insurance market exchange announces the Biden Administration
• School ventilation improvements impacts on COVID-19 levels report published by the CDC

Federal Legislation

• Overtime salary threshold establishment bill (HR 2395) introduced
• Supporting college students with disabilities bill, “Respond, Innovate, Succeed, and Empower (RISE) Act”(HR 2401), introduced
• College single-sex organization protecting bill, “Freedom of Association in Higher Education Act” (HR 2451) introduced
• College emergency preparedness grant program establishment bill (HR 2458) introduced
• Protection of Women and Girls in Sports Act (HR 734) passed the House

State and Local Government

Alabama

• Alabama university to eliminate ‘speech zones’ as part of lawsuit settlement with conservative student group
• Alabama college and public entity divisive concept teaching and promoting prohibition bill passes committee

Arizona

• Arizona college diversity, equity, inclusion program participation prohibiting bill passes committee

Arkansas

• Arkansas college sustainable building maintenance loan program bill passes the state legislature and sent to the governor
• Arkansas college and public agency affirmative action practices ending bill passes the chamber of origin but fails to pass the second chamber thereby effectively killing the bill
• Arkansas college hiring and extra help employees protocol bill passes the state legislature and sent to the governor

California

• California community college student housing approval bill passes committee
• California public college nonresident tuition exemption clarifying bill passes committee
• California college campus name and gender affirmation bill passes committee
• California mental health professionals on college campuses contracting out bill has hearing scheduled

Florida

• Florida LGBTQ+ travel advisory announced by Florida LGBTQ+ right’s group

Georgia

• Georgia college political litmus test prohibiting bill failed to pass the legislature

Hawaii

• Hawaii college restrooms menstrual products providing resolution passes the state senate and passes committee in the state house

Illinois

• Illinois college emergency contraceptive vending machine bill passes the state senate and now in the state house

Iowa

• Iowa pregnant college student limiting participation and housing prohibition bill passes the state senate and passes committee in the state house

Kansas

• Kansas college and school sports participation by sex assigned at birth bill, “Fairness in Women’s Sports Act,” has governor’s veto overridden by the legislature, bill is now law
• Kansas cigarette and tobacco products minimum age increasing to 21 bill signed into law

Missouri

• Missouri public college protection of religious associations and groups bill passes the state house and now in the state senate
• Missouri school sports participation by sex assigned at birth bill, “Save Women’s Sports Act,” passes the state house and now in the state senate
• Missouri school and public college COVID-19 vaccines mandate prohibition bill passes committee
• Missouri counseling interstate compact bill passes the state senate and has hearing in the state house
• Missouri college diversity, equity, and inclusion ideologies prohibiting bill passes committee of referral

Montana

• Montana public college disciplinary rules and obligations bill passes the state house and has hearing scheduled in the state senate

Nevada

• Nevada college in-state tuition for DACA recipients bill gets news coverage while awaiting action in committee

New Hampshire

• New Hampshire mental health care providers permitted to treat via telemedicine bill passes the state senate and has hearing scheduled in the state house

North Dakota

• North Dakota public college tenure evaluation bill fails
• North Dakota college “specified concepts” instruction ban bill passes the state legislature
• North Dakota vaccines with emergency use authorization requiring prohibition bill amended and passes both chambers

South Carolina

• South Carolina public college removal of diversity as hiring and admittance criteria bill referred to committee

Tennessee

• Tennessee college DEI participation as a condition for obtaining health care degree prohibiting bill awaiting committee action

Texas

• Texas diversity, equity, inclusion (DEI) training prohibition bill referred to committee
• Texas college diversity statement as a condition for admission or employment prohibiting bill referred to committee
• Texas college DEI office prohibition bill referred to committee
• Texas college hiring DEI statement prohibiting bills awaiting committee action
• Texas college affirmative action admission prohibiting bill awaiting committee action
• Texas college student DEI belief requirement prohibiting bill referred to committee

Utah

• Utah college admission DEI as a condition for admission prohibiting bill fails to become law

Vermont

• Vermont school and college sports by sex assigned at birth bill referred to committee

Virginia

• Virginia college human trafficking awareness program bills become law

West Virginia

• West Virginia college non-discrimination bill fails to become law
• West Virginia campus carry new law receives media coverage

Wisconsin

• Wisconsin Republican lawmakers to probe ‘intellectual diversity’ on University of Wisconsin campuses according to Wisconsin State Journal

Other Updates

• College DEI policies linked to a decrease in free speech support on campus according to new study reports The College Fix

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.