“To affirm and protect the First Amendment rights of students and student organizations at public institutions of higher education.”
No CRS summary available for this bill.
This section establishes a Students Bill of Rights in the Higher Education Act of 1965 (§112A) for covered public institutions (i.e., public colleges and universities receiving federal funds under the Act, including title IV student aid programs) to protect student speech and association. It requires such institutions to (1) recognize student organizations without denying status solely due to lack of a faculty advisor (with alternatives such as waivers or assigned advisors if required), affiliation with external organizations, and to provide appeals to an impartial entity; (2) allocate mandatory student activity fee funds using public, clear, objective, content- and viewpoint-neutral standards, with written denial explanations, impartial appeals, and disqualification of biased decisionmakers; (3) assess security fees for student events using public, neutral standards not based on event content, viewpoint, invited guests' expression, or anticipated reactions; and (4) protect invited speakers and guests using public, neutral safety standards. It authorizes harmed parties to bring federal civil actions against violating institutions for injunctions, compensatory damages, court costs, and reasonable attorney fees.
This section adds to the program participation agreement requirements a new paragraph (30) requiring that a covered public institution under section 112A comply with that section's requirements. (Thus, non-compliance renders such an institution ineligible to participate in Title IV student aid programs.)