House Bill No. 6402
Public Act No. 21-132
AN ACT CONCERNING HIGHER EDUCATION.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. Subsection (b) of section 10a-149d of the general statutes is
repealed and the following is substituted in lieu thereof (Effective July
1, 2021):
(b) Not later than July 1, 2016, the Board of Regents for Higher
Education and the Board of Trustees for The University of Connecticut,
in consultation with the institutions of higher education in the state,
shall develop and adopt guidelines on awarding college credit for a
student's military training, coursework and education. Such guidelines
shall include course equivalency recommendations adopted by the
American Council on Education or by other institutions or
organizations deemed reputable by the Board of Regents for Higher
Education and the Board of Trustees for The University of Connecticut.
Until the adoption of such guidelines, any institution of higher
education that awards college credit for such training, coursework and
education shall use course equivalency recommendations adopted by
the American Council on Education, a portfolio assessment process
when appropriate or the institution's transfer and articulation policies
when assigning college credit to a military occupation. Upon adoption
of such guidelines, the governing body of each institution of higher House Bill No. 6402
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education in the state shall develop and implement policies governing
the awarding of college credit for a student's military training,
coursework and education. Not later than July 1, 2022, and every five
years thereafter, the governing body of each institution of higher
education in the state shall review and update its policies governing the
award of college credit for a student's military training, coursework and
education.
Sec. 2. (Effective from passage) (a) There is established a task force to
study the costs and benefits of establishing a Postsecondary Prison
Education Program Office within the Department of Correction. Such
study shall include, but need not be limited to, an examination of (1) any
existing office dedicated to postsecondary prison education within the
state and, if such office exists, such office's responsibilities, (2) the
process and standards for approving education programs at
correctional facilities, (3) the ability for virtual education programs at
correctional facilities, (4) the administrative process that the department
uses for students who submit complaints about the education programs,
(5) the process and standards that the department uses to approve
curriculum and course materials for students in correctional facilities,
(6) whether the department participates in the state's education,
workforce and employment longitudinal data system, (7) the space
available in correctional facilities to provide prison education
programming, (8) the demand for space in correctional facilities for
prison education programming, and (9) the strategies utilized by other
state or county correctional agencies to increase the number of
individuals who will have access to prison education programs using
federal Pell grant awards.
(b) The task force shall consist of the following members:
(1) Three appointed by the speaker of the House of Representatives;
(2) Three appointed by the president pro tempore of the Senate; House Bill No. 6402
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(3) Two appointed by the majority leader of the House of
Representatives;
(4) Two appointed by the majority leader of the Senate;
(5) Two appointed by the minority leader of the House of
Representatives;
(6) Two appointed by the minority leader of the Senate;
(7) The undersecretary for criminal justice at the Office of Policy and
Management, or the undersecretary's designee; and
(8) The Commissioner of Correction, or the commissioner's designee.
(c) Any member of the task force appointed under subdivision (1),
(2), (3), (4), (5) or (6) of subsection (b) of this section may be a member
of the General Assembly.
(d) All initial appointments to the task force shall be made not later
than thirty days after the effective date of this section. Any vacancy shall
be filled by the appointing authority.
(e) The speaker of the House of Representatives and the president pro
tempore of the Senate shall select the chairpersons of the task force from
among the members of the task force. Such chairpersons shall schedule
the first meeting of the task force, which shall be held not later than sixty
days after the effective date of this section.
(f) The administrative staff of the joint standing committee of the
General Assembly having cognizance of matters relating to higher
education shall serve as administrative staff of the task force.
(g) Not later than January 1, 2022, the task force shall submit a report
on its findings and recommendations to the joint standing committees
of the General Assembly having cognizance of matters relating to higher House Bill No. 6402
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education and the judiciary, in accordance with the provisions of section
11-4a of the general statutes. The task force shall terminate on the date
that it submits such report or January 1, 2022, whichever is later.
Sec. 3. (NEW) (Effective July 1, 2021) (a) As used in this section and
sections 4 to 7, inclusive, of this act:
(1) "Services" or "mental health services" means counseling, therapy,
rehabilitation, crisis intervention or emergency services for the
screening, diagnosis or treatment of mental illness;
(2) "Programs" or "mental health programming" means education,
outreach, research or training initiatives aimed at students for the
prevention of mental illness, including, but not limited to, poster and
flyer campaigns, electronic communications, films, guest speakers,
conferences or other campus events; and
(3) "Institution of higher education" means any institution of higher
education in the state, but does not include Charter Oak State College
or any institution of higher education that solely provides programs of
higher learning through its Internet web site.
(b) Not later than January 1, 2022, each institution of higher education
shall establish a campus mental health coalition with representatives
from each of its campuses. The campus mental health coalition shall
consist of individuals appointed by the president of each institution of
higher education, who are reflective of the demographics of the student
body at such institution, including, but not limited to, at least one
member from such institution's (1) administration, (2) counseling
services office, if any, (3) health services office, if any, (4) senior and mid-
level staff, (5) student body, (6) residential life office, if any, (7) faculty,
and (8) any other individuals designated by the president, including,
but not limited to, a community provider of mental health services.
(c) Each institution of higher education shall ensure that every House Bill No. 6402
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member of the campus mental health coalition is educated about the (1)
mental health services and programs offered at each campus by such
institution, (2) role and function of the campus mental health coalition
at such institution, and (3) protocols and techniques to respond to
student mental illness that have been developed with consideration
given to the students' race, cultural background, sexual orientation,
gender identity, religion, socio-economic status or status as a veteran or
service member of the armed forces of the United States.
(d) Each campus mental health coalition shall (1) conduct an
assessment of the presence of mental health services and programs
offered by the institution of higher education, except such assessment
shall not be required for an institution of higher education that is
accredited by the International Accreditation of Counseling Services or
another nationally or regionally recognized accrediting body for mental
health services, (2) review the results of such assessment and develop a
plan to address any weaknesses in such services and programs offered
by the institution, and (3) review and recommend improvements to (A)
the variety of mental health services available to students at the
institution, including, but not limited to, on-campus services, telehealth
services provided in accordance with section 19a-906 of the general
statutes, or any services offered through community-based mental
health care providers or emergency mobile psychiatric service
providers, (B) the comprehensiveness of mental health services
available to students, and (C) the campus-wide policies and procedures
regarding student mental health adopted pursuant to section 6 of this
act.
Sec. 4. (NEW) (Effective July 1, 2021) The executive director of the
Office of Higher Education and the Commissioner of Mental Health and
Addiction Services, in consultation with an epidemiologist or other
specialist with expertise in mental health issues at institutions of higher
education, may jointly offer training workshops for the campus mental House Bill No. 6402
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health coalitions established pursuant to section 3 of this act regarding
best practices for the assessment and provision of mental health services
and programming at institutions of higher education.
Sec. 5. (NEW) (Effective July 1, 2021) Not later than January 1, 2022,
any institution of higher education that lacks resources on campus for
the provision of mental health services to students shall enter into and
maintain a memorandum of understanding with at least one
community-based mental health care provider or, in consultation with
the Department of Mental Health and Addiction Services, with an
emergency mobile psychiatric service provider for the purpose of
providing students access to mental health services on or off campus
and assistance to institutions in developing mental health
programming.
Sec. 6. (NEW) (Effective July 1, 2021) Not later than January 1, 2022,
the governing board of each institution of higher education shall adopt,
and update as necessary, campus-wide policies and procedures
regarding student mental health. Such policies and procedures shall
include, but not be limited to, (1) the types of mental health services and
mental health programming available to students each academic year,
(2) protocols for leaves of absence that can be applied for medical
reasons, and (3) the resources available for crisis response, imminent
danger and psychiatric hospitalization.
Sec. 7. (Effective July 1, 2021) Not later than January 1, 2022, the Board
of Regents for Higher Education shall require a grant writer, among
other duties, to identify and apply for available grant funding to
implement or improve mental health services and programs offered by
the regional community-technical colleges to address student mental
illness.
Sec. 8. (Effective from passage) The Comptroller, in consultation with
the Board of Regents for Higher Education and the Board of Trustees of House Bill No. 6402
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The University of Connecticut, shall study and develop a plan to expand
access to the group hospitalization and medical and surgical insurance
plan established pursuant to subsection (a) of section 5-259 of the
general statutes and the retiree health insurance plan for part-time
professional employees of the state system of public higher education.
Not later than January 1, 2022, the Comptroller shall submit, in
accordance with the provisions of section 11-4a of the general statutes,
to the joint standing committee of the General Assembly having
cognizance of matters relating to higher education the plan developed
pursuant to this section. Such study shall include, but need not be
limited to, (1) determining the feasibility of and the costs associated with
expanding the eligibility requirements for such health insurance plans
to include (A) part-time professional employees who have taught not
less than ninety credit hours in aggregate within the state system of
higher education, and (B) retired, part-time professional employees who
have taught not less than one hundred eighty credit hours in aggregate
within the state system of higher education, regardless of whether such
credit hours were completed at the rate of nine credits a semester; and
(2) a method for payment of the employer's portion of the premium
charged for such employee's coverage that does not require such
employee to wait until the end of an academic semester to be
reimbursed for such portion.
Sec. 9. Section 10a-77 of the general statutes is amended by adding
subsection (i) as follows (Effective July 1, 2021):
(NEW) (i) The Board of Regents for Higher Education shall not assess
or charge a graduation fee to any student enrolled in a regional
community-technical college for the purpose of graduating from such
regional community-technical college.
Sec. 10. Section 10a-99 of the general statutes is amended by adding
subsection (i) as follows (Effective July 1, 2021): House Bill No. 6402
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(NEW) (i) The Board of Regents for Higher Education shall not assess
or charge a graduation fee to any student enrolled in the Connecticut
State University System for the purpose of graduating from a state
university within such system.
Sec. 11. Subsection (e) of section 10a-143 of the general statutes is
repealed and the following is substituted in lieu thereof (Effective July
1, 2021):
(e) The board shall fix fees for examinations and for such other
purposes as the board deems necessary on behalf of Charter Oak State
College and may make refunds and other disposition of same as
provided by law or regulation. The board may make contracts, leases or
other agreements in connection with its responsibilities. The Board of
Regents for Higher Education shall not assess or charge a graduation fee
to any student enrolled in Charter Oak State College for the purpose of
graduating from such college.
Sec. 12. Section 10a-105 of the general statutes is amended by adding
subsection (l) as follows (Effective July 1, 2021):
(NEW) (l) The Board of Trustees of The University of Connecticut
shall not assess or charge a graduation fee to any student enrolled in The
University of Connecticut for the purpose of graduating from such
university.
Sec. 13. Subsection (g) of section 10a-44d of the general statutes is
repealed and the following is substituted in lieu thereof (Effective July 1,
2021):
(g) Not later than [January 1, 2021] February 1, 2022, and annually
thereafter, the council shall submit a report, in accordance with the
provisions of section 11-4a, to the joint standing committee of the
General Assembly having cognizance of matters relating to higher
education regarding (1) the number and percentage of high-impact House Bill No. 6402
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courses for which open educational resources have been developed, (2)
the degree to which institutions of higher education promote the use
and access to open educational resources, (3) the amount of grants
awarded by the council and the number of open educational resources
developed by grant recipients, and (4) its recommendations for any
amendments to the general statutes necessary to develop open
educational resources.
Sec. 14. (NEW) (Effective July 1, 2021) (a) As used in this section:
(1) "Student athlete" means a student enrolled at an institution of
higher education who participates in an intercollegiate athletic
program;
(2) "Intercollegiate athletic program" means a program at an
institution of higher education for sports played at the collegiate level
for which eligibility requirements for participation by a student athlete
are established by a national association for the promotion or regulation
of college athletics;
(3) "Compensation" means the receipt, whether directly or indirectly,
of any cryptocurrency, money, goods, services, other item of value, in-
kind contributions and any other form of payment or remuneration;
(4) "Endorsement contract" means a written agreement under which
a student athlete is employed or receives compensation for the use by
another party of such student athlete's person, name, image or likeness
in the promotion of any product, service or event;
(5) "Sports agent" means a duly licensed person who negotiates or
solicits a contract on behalf of a student athlete in accordance with the
Sports Agent Responsibility and Trust Act, 15 USC 7801, et seq., as
amended from time to time;
(6) "NCAA" has the same meaning as provided in section 10a-55k of House Bill No. 6402
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the general statutes;
(7) "Institutional marks" means the name, logo, trademarks, mascot,
unique colors, copyrights and other defining insignia of an institution
of higher education;
(8) "Institution of higher education" means an institution of higher
education, as defined in section 10a-55 of the general statutes, and a for-
profit institution of higher education licensed to operate in this state;
(9) "Official team activities" means all games, practices, exhibitions,
scrimmages, team appearances, team photograph sessions, sports
camps sponsored by the institution of higher education and other team-
organized activities, including, but not limited to, individual
photograph sessions, news media interviews and other related activities
as specified by the institution of higher education; and
(10) "Prohibited endorsements" means receipt of compensation by, or
employment of, a student athlete for use of the student athlete's person,
name, image or likeness in association with any product, category of
companies, brands or types of endorsement contracts that the institution
of higher education prohibits endorsing by policy.
(b) On or after September 1, 2021, or the date on which an institution
of higher education in the state adopts or updates its policy in
accordance with subdivision (3) of subsection (f) of this section,
whichever is earlier, any student athlete who is enrolled at such
institution of higher education may earn compensation through an
endorsement contract or employment in an activity that is unrelated to
any intercollegiate athletic program and obtain the legal or professional
representation of an attorney or sports agent through a written
agreement, provided such student athlete complies with the policy or
policies adopted by his or her institution of higher education regarding
student athlete endorsement contracts and employment activities. House Bill No. 6402
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(c) Each institution of higher education shall adopt one or more
policies regarding student athlete endorsement contracts and
employment activities. Such policy or policies shall include provisions
for: (1) Requiring a student athlete to disclose and submit a copy to his
or her institution of higher education of each endorsement contract,
written agreement for employment and representation agreement
executed by the student athlete; (2) prohibiting a student athlete from
entering into an agreement that conflicts with the provisions of any
agreement to which the institution of higher education is a party,
provided such institution shall disclose to the student athlete or the
student athlete's attorney or sports agent the provisions of the
agreement that are in conflict; (3) prohibiting a student athlete from
using or consenting to the use of any institutional marks during such
student athlete's performance of the endorsement contract or
employment activity; (4) prohibiting a student athlete's performance of
the endorsement contract or employment activity from interfering with
any official team activities or academic obligations; and (5) identifying
any prohibited endorsements.
(d) No provision of this section shall be construed to (1) require an
institution of higher education or an athletic association or conference,
including, but not limited to, the NCAA to compensate a student athlete
for use of his or her name, image or likeness; (2) require a student athlete
or any other person to compensate an institution of higher education or
an athletic association or conference, including, but not limited to, the
NCAA for a student athlete's endorsement contract or employment
activity that is in accordance with the provisions of subsection (b) of this
section; (3) qualify any scholarship that a student athlete receives from
an institution of higher education as compensation; (4) qualify a student
athlete as an employee of an institution of higher education; (5) require
an institution of higher education to take any action in violation of the
Discrimination Based on Sex and Blindness Act, 20 USC 1681, et seq., as
amended from time to time; (6) prohibit a student athlete from engaging House Bill No. 6402
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in an employment activity that entails coaching or performing a sport,
provided such activity is not related to any intercollegiate athletic
program; or (7) prohibit an institution of higher education from using a
student athlete's name, image or likeness in connection with official
team activities.
(e) No athletic association or conference, including, but not limited
to, the NCAA, on the basis of a student athlete's endorsement contract,
employment activity or representation by an attorney or sports agent
pursuant to subsection (b) of this section, shall (1) prohibit or prevent an
institution of higher education or its intercollegiate athletic program
from participating in intercollegiate sports, (2) restrict or revoke a
student athlete's eligibility to participate in an intercollegiate athletic
program, (3) prohibit or prevent a student athlete from earning
compensation from such endorsement contract or employment activity,
or (4) prohibit or prevent a student athlete from representation by a duly
licensed attorney or sports agent.
(f) (1) No institution of higher education, on the basis of a student
athlete's endorsement contract, employment activity or representation
by an attorney or sports agent pursuant to subsection (b) of this section,
shall (A) prohibit or prevent such student athlete from earning
compensation from such endorsement contract or employment activity,
(B) prohibit or prevent such student athlete from representation by a
duly licensed attorney or sports agent, or (C) restrict or revoke such
student athlete's eligibility for a scholarship or to participate in the
intercollegiate athletic program at such institution.
(2) Notwithstanding section 1-210 of the general statutes with respect
to public institutions of higher education, no institution of higher
education shall disclose any record of the compensation received by a
student athlete from an endorsement contract or employment activity
entered into or engaged in pursuant to subsection (b) of this section
unless the institution receives the written consent of the student athlete House Bill No. 6402
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for each disclosure.
(3) Not later than September 1, 2021, the governing board of each
institution of higher education shall adopt or update its policies, as
necessary, to carry out the purposes of this section.
(g) No provision of subsections (d) and (f) of this section shall be
construed to prevent an institution of higher education or an athletic
association or conference, including, but not limited to, the NCAA, from
prohibiting a student athlete's participation in an intercollegiate athletic
program, revoking a student athlete's eligibility for a scholarship or
taking any other punitive or legal action if such student athlete's
endorsement contract, employment activity or representation by an
attorney or sport agent does not comply with the provisions of
subsection (b) of this section.