Researcher: JC Page 1 6/2/21
OLR Bill Analysis
HB 6402 (as amended by House "A")*
AN ACT CONCERNING HIGHER EDUCATION.
TABLE OF CONTENTS:
SUMMARY
§ 1 — COLLEGE CREDIT FOR MILITARY TRAINING
Requires each higher education institution’s governing body to review and update its
policies on awarding college credit for a student’s military training, coursework, and
education
§ 2 — PRISON EDUCATION PROGRAM OFFICE TASK FORCE
Establishes a 16-member task force to study the possible establishment of a Postsecondary
Prison Education Program Office
§ 3 — CAMPUS MENTAL HEALTH COALITIONS
Requires certain higher education institutions, by January 1, 2022, to establish a mental
health coalition to assess the presence of mental health services and programs
§§ 4-6 — EVALUATION OF THE EFFECTIVENESS OF HIGHER
EDUCATION INSTITUTION MENTAL HEALTH SERV ICES AND
PROGRAMS
Requires the OHE executive director and DMHAS commissioner, in consultation with an
epidemiologist or other student mental health specialist, to jointly offer training
workshops for assessment best practices in order for each higher education institution to
evaluate the effectiveness of mental health services and programs offered at each of its
campuses; requires certain institutions to maintain a memorandum of understanding with
at least one community-based mental health care provider; requires each institution’s
governing board to adopt, and update as necessary, a student mental health policy by
January 1, 2021
§ 7 — GRANT WRITER FOR MEN TAL HEALTH FUNDING
Requires BOR to employ a grant writer to apply for grant funding to improve mental
health services at community-technical colleges
§ 8 — STUDY OF HEALTH INSURANCE BENEFITS FOR PART-TIME
CONNECTICUT STATE SYSTEM OF HIGHER EDUCATION
EMPLOYEES AND RRETIR EES
Requires the state comptroller, in consultation with BOR and UConn BOT, to study and
develop a plan to extend eligibility for participating in the state's medical group plan to
certain part-time, professional employees and retirees
§§ 9-12 — PROHIBITION OF THE CHARGING OF GRADUATIO N FEES
AT PUBLIC HIGHER EDUCATION INSTITUTIONS 2021HB-06402-R010777-BA.DOCX
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Prohibits assessing or charging a graduation fee to students enrolled in a regional
community-technical college, the CSUS, Charter Oak State College, or UConn
§ 13 — OPEN EDUCATIONAL RES OURCE COUNCIL REPORT ING
DEADLINE
Delays the Connecticut OER Coordinating Council's first annual reporting deadline;
exempts unexpended funds appropriated to the OER Coordinating Council from lapsing at
the end of the fiscal year
§ 14 — STUDENT ATHLETE COMP ENSATION
Allows student athletes to earn compensation through an endorsement contract or
employment in an activity unrelated to any intercollegiate athletic program
BACKGROUND
SUMMARY
This bill makes numerous changes to higher education laws, as
described below.
EFFECTIVE DATE: Varies, see below.
*House Amendment "A" replaces the underlying bill, which
required the Office of Higher Education to study higher education
issues in the state and report to the legislature.
§ 1 — COLLEGE CREDIT FOR M ILITARY TRAINING
Requires each higher education institution’s governing body to review and update its
policies on awarding college credit for a student’s military training, coursework, and
education
The bill requires, by July 1, 2022, and every five years thereafter,
each higher education institution’s governing body to review and
update its policies on awarding college credit for a student’s military
training, coursework, and education.
By law, the Board of Regents for Higher Education (BOR) and the
UConn Board of Trustees (BOT), in consultation with higher education
institutions in the state, were required to develop and adopt guidelines
on awarding college credit for a student’s military training,
coursework, and education. Upon guideline adoption, the governing
body of each higher education institution was required to develop and
implement policies governing the awarding of college credit for these
matters. 2021HB-06402-R010777-BA.DOCX
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EFFECTIVE DATE: July 1, 2021
§ 2 — PRISON EDUCATION PRO GRAM OFFICE TASK FOR CE
Establishes a 16-member task force to study the possible establishment of a Postsecondary
Prison Education Program Office
The bill establishes a 16-member task force to study the costs and
benefits of establishing a Postsecondary Prison Education Program
Office within the Department of Correction (DOC).
Scope
Under the bill, the task force study must examine at least the
following topics:
1. any existing office dedicated to postsecondary prison education
in Connecticut and its responsibilities, if this type of office
exists;
2. the process and standards for approving education programs at
correctional facilities;
3. the ability for virtual education programs at correctional
facilities;
4. DOC’s administrative process for students who submit
education program complaints;
5. DOC’s process and standards for approving curriculum and
course materials for students in correctional facilities;
6. whether DOC participates in the state’s education, workforce,
and employment longitudinal data system;
7. available space for providing prison education programming in
correctional facilities;
8. the demand for space in correctional facilities for prison
education programming; and
9. strategies utilized by other state or county correctional agencies
to increase the number of people who will have access to prison 2021HB-06402-R010777-BA.DOCX
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education programs using federal Pell grant awards.
Membership
Under the bill, the task force must have the following 16 members:
1. three each appointed by the House speaker and Senate
president pro tempore;
2. two each appointed by the House and Senate majority and
minority leaders;
3. the Office of Policy and Management’s undersecretary for
criminal justice or his or her designee; and
4. the DOC commissioner or his designee.
The bill allows any members appointed by legislative leaders to be
General Assembly members. Additionally, it requires all appointments
to be made by July 31, 2021, and any vacancy to be filled by the
appointing authority.
Leadership, Staff, and Deadlines
The bill requires the House speaker and Senate president pro
tempore to choose the task force chairpersons from among its
membership. These chairpersons must schedule the task force’s first
meeting, to be held by August 30, 2021. The Higher Education and
Employment Advancement Committee’s administrative staff must
serve as the task force staff.
Under the bill, the task force must report its findings and
recommendations to the Higher Education and Judiciary committees
by January 1, 2022. The task force terminates on the date it submits the
report or on January 1, 2022, whichever is later.
EFFECTIVE DATE: Upon passage
§ 3 — CAMPUS MENTAL HEALTH COALITIONS
Requires certain higher education institutions, by January 1, 2022, to establish a mental
health coalition to assess the presence of mental health services and programs 2021HB-06402-R010777-BA.DOCX
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Membership
The bill requires each higher education institution in Connecticut,
excluding Charter Oak State College or online institutions, by January
1, 2022, to establish a mental health coalition to assess the presence of
mental health services and programs offered by the institution. The
assessment requirement does not apply to a school accredited by the
International Accreditation of Counseling Services or another
nationally or regionally recognized accrediting body for mental health
services.
Under the bill, the president of each institution must appoint
individuals to the coalition that reflect their institution’s student body
demographics, including, at least one member from their 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 the president designates, including a community provider
of mental health services.
Duties
The bill requires each higher education institution to ensure that
coalition members are educated on the (1) mental health services and
programs offered at each institution’s campus; (2) the coalition’s role
and function at the 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 U.S. armed forces.
The bill requires each mental health coalition to do the following:
1. conduct an assessment of the presence of mental health services
and programs offered by the institution of higher education
(unless exempt from this requirement, see above);
2. review the results and develop a plan to address weaknesses in
the institution’s services and programs (presumably this 2021HB-06402-R010777-BA.DOCX
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requirement does not apply to exempt institutions); and
3. review and recommend improvements to (a) the variety of
mental health services available to the institution’s students,
including on-campus services, telehealth services, or a
community-based provider arranged through an agreement; (b)
the comprehensiveness of mental health services available to
students, including recommendations for obtaining
accreditation from a nationally or regionally recognized
accrediting body for mental health services; and (c) the campus-
wide policies and procedures adopted under this bill (see § 6).
The bill defines (1) mental health services as counseling, therapy,
rehabilitation, crisis intervention, or emergency services for the
screening, diagnosis, or treatment of mental illness and (2) mental
health programs such as education, outreach, research or training
initiatives aimed at students for the prevention of mental illness.
Examples of programs include poster and flyer campaigns, electronic
communications, films, guest speakers, conferences, or other campus
events.
EFFECTIVE DATE: July 1, 2021
§§ 4-6 — EVALUATION OF THE EF FECTIVENESS OF HIGHE R
EDUCATION INSTITUTIO N MENTAL HEALTH SERV ICES AND
PROGRAMS
Requires the OHE executive director and DMHAS commissioner, in consultation with an
epidemiologist or other student mental health specialist, to jointly offer training
workshops for assessment best practices in order for each higher education institution to
evaluate the effectiveness of mental health services and programs offered at each of its
campuses; requires certain institutions to maintain a memorandum of understanding
with at least one community-based mental health care provider; requires each institution’s
governing board to adopt, and update as necessary, a student mental health policy by
January 1, 2021
Assessment Tool Development and Implementation (§ 4)
The bill requires, by January 1, 2022, and every four years thereafter,
the Office of Higher Education (OHE) executive director and
Department of Mental Health and Addiction Services (DMHAS)
commissioner, in consultation with an epidemiologist or other
specialist with expertise in the study of student mental health, to 2021HB-06402-R010777-BA.DOCX
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jointly offer training workshops for campus mental health coalitions
on best practices for assessing and providing mental health services
and programming at each higher education institution.
Provider Partnerships (§ 5)
The bill requires, by January 1, 2022, a higher education institution
that lacks campus resources for providing mental health services to
students to enter into and maintain a memorandum of understanding
with at least one community-based mental health care provider or, in
consultation with DMHAS, with an emergency mobile psychiatric
service provider to (1) provide students access to mental health
services on or off campus and (2) assist institutions in developing
mental health programming.
Institutional Student Mental Health Policy (§ 6)
The bill requires each higher education institution’s governing
board to adopt, and update as necessary, a student mental health
policy by January 1, 2021. The policy must include (1) the mental
health services and programming provided to students each academic
year, (2) the availability of, and eligibility requirements for, student
mental health leave, and (3) the resources available for crisis response,
imminent danger, and psychiatric hospitalization.
EFFECTIVE DATE: July 1, 2021
§ 7 — GRANT WRITER FOR MEN TAL HEALTH FUNDING
Requires BOR to employ a grant writer to apply for grant funding to improve mental
health services at community-technical colleges
The bill also requires, by January 1, 2022, the Board of Regents for
Higher Education to employ a grant writer 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.
EFFECTIVE DATE: July 1, 2021 2021HB-06402-R010777-BA.DOCX
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§ 8 — STUDY OF HEALTH INSU RANCE BENEFITS FOR P ART-
TIME CONNECTICUT STA TE SYSTEM OF HIGHER EDUCATION
EMPLOYEES AND RRETIREES
Requires the state comptroller, in consultation with BOR and UConn BOT, to study and
develop a plan to extend eligibility for participating in the state's medical group plan to
certain part-time, professional employees and retirees
This bill requires the state comptroller, in consultation with the
Board of Regents (BOR) and UConn Board of Trustees (BOT) to study
and develop a plan to extend eligibility for participation in the state’s
group medical insurance plan to:
1. part-time, professional state system of higher education
employees who have taught at least 90 credit hours in the
aggregate at any university in the system and
2. retired, part-time professional employees who have taught not
less than 180 credit hours in aggregate within the system,
regardless of whether the hours were completed at the rate of
nine credits a semester.
The study must (1) determine the feasibility and cost of including
such employees and retirees and (2) address a method for payment of
the employer's portion of the premium that does not require the
employee to wait to be reimbursed until the end of the semester.
By January 1, 2022, the comptroller must report on the study to the
Higher Education and Employment Advancement Committee.
By law, any part-time, professional employee of the state’s public
higher education system may choose to participate in the state’s group
medical insurance plan. Employees who participate must pay the
premiums for the coverage plan they select. In practice, these
employees must meet a 20 hour per week employment threshold as
established in the state comptroller’s issued guidance in order to be
eligible to participate.
EFFECTIVE DATE: Upon passage 2021HB-06402-R010777-BA.DOCX
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§§ 9-12 — PROHIBITION OF THE C HARGING OF GRADUATIO N
FEES AT PUBLIC HIGHER EDUCATION INSTITUTIONS
Prohibits assessing or charging a graduation fee to students enrolled in a regional
community-technical college, the CSUS, Charter Oak State College, or UConn
This bill prohibits BOR from assessing or charging a graduation fee
to students enrolled in (1) a regional community-technical college, (2)
the CSUS, or (3) Charter Oak State College.
The bill extends the same prohibition to the UConn Board of
Trustees for UConn students’ graduation fees.
EFFECTIVE DATE: July 1, 2021
§ 13 — OPEN EDUCATIONAL RES OURCE COUNCIL REPORTIN G
DEADLINE
Delays the Connecticut OER Coordinating Council's first annual reporting deadline;
exempts unexpended funds appropriated to the OER Coordinating Council from lapsing
at the end of the fiscal year
This bill delays the Connecticut Open Educational Resource (OER)
Coordinating Council's first annual reporting deadline from January 1,
2021, to February 1, 2022. It also exempts unexpended funds
appropriated to the OER Coordinating Council from lapsing at the end
of the fiscal year.
By law, the Connecticut OER Coordinating Council is required to
establish an OER program to lower the cost of textbooks and course
materials for high-impact courses at state higher education institutions.
"High-impact" courses are instruction courses for which OERs would
make a significant positive financial impact on the students taking the
course due to the number of students taking the course or the market
value of the course's required printed textbook or other resources.
EFFECTIVE DATE: July 1, 2021
§ 14 — STUDENT ATHLETE COMP ENSATION
Allows student athletes to earn compensation through an endorsement contract or
employment in an activity unrelated to any intercollegiate athletic program
Generally, beginning September 1, 2021, the bill allows student
athletes enrolled at a higher education institution in the state to (1) 2021HB-06402-R010777-BA.DOCX
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earn compensation through an endorsement contract or employment
in an activity unrelated to an intercollegiate athletic program, and (2)
obtain the legal or professional representation of an attorney or sports
agent through a written agreement, provided he or she complies with
their higher education institution's policy on student athlete
endorsement contracts and employment activities. Under the bill, if
an institution adopts or updates its policy before September 1, 2021,
then the above authorizations apply on the date of policy adoption.
Under the bill, a "student athlete" is a student enrolled at a higher
education institution participating in a sports program at the collegiate
level for which eligibility participation requirements are established by
a national association for the promotion or regulation of college
athletics (i.e., an intercollegiate athletic program). A "sports agent" is a
duly licensed person who negotiates or solicits a contract on behalf of a
student athlete in accordance with the federal Sports Agent
Responsibility and Trust Act.
An "endorsement contract" is a written agreement under which a
student athlete is employed or receives compensation for the use by
another party of the student athlete's person, name, image, or likeness
in the promotion of any product, service, or event. “Compensation”
includes the direct or indirect receipt of cryptocurrency, money, goods,
services, other items of value, in-kind contributions, and other forms of
payment or remuneration.
Institutional Policy on Endorsement Contracts and Employment
Activities
Under the bill, each higher education institution must adopt at least
one policy on student athlete endorsement contracts and employment
activities. The policy must:
1. require student athletes to disclose and submit a copy of each
executed endorsement contract, written employment
agreement, and representation agreement to the institution;
2. prohibit a student athlete from entering into an agreement that
conflicts with the provisions of an agreement to which the 2021HB-06402-R010777-BA.DOCX
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institution is a party, provided the institution must disclose the
conflicting provisions to the student athlete or his or her
attorney and sports agent;
3. prohibit a student athlete from using or consenting to the use of
any institutional marks (i.e., a higher education institution’s
name, logo, trademarks, mascot, unique colors, copyrights, and
other defining insignia) while performing the endorsement
contract or employment activity;
4. prohibit a student athlete's performance of the endorsement
contract or employment activity from interfering with any
academic obligations or official team activities (i.e., all games,
practices, exhibitions, scrimmages, team appearances, team
photograph sessions, sports camps sponsored by the higher
education institution, and other team-organized activities,
including individual photograph sessions, news media
interviews, and other related activities as specified by the
institution); and
5. identify any prohibited endorsements (i.e., the 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).
The bill also requires, by September 1, 2021, each higher education
institution's governing board to adopt or update its policies to carry
out the bill’s student athlete provisions.
Compensation Exclusions
The bill specifies that it does not require a higher education
institution or an athletic association or conference, including the
National Collegiate Athletic Association (NCAA), to compensate a
student athlete for use of his or her name, image, or likeness.
The bill also specifies that an institution or athletic association is not
due compensation from a student athlete or other person in situations
where a student athlete's endorsement contract or employment activity 2021HB-06402-R010777-BA.DOCX
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does not comply with the bill’s requirements, including the
requirement that student athletes comply with their institution’s
endorsement contracts and employment activities policy.
Institution’s Responsibilities and Student Rights
The bill specifies that it does not:
1. qualify a student athlete's scholarship from a higher education
institution as compensation or deem a student athlete an
institution’s employee;
2. require an institution to take any action that would violate the
federal Discrimination Based on Sex and Blindness Act;
3. prohibit a student athlete from engaging in an employment
activity that entails coaching or performing a sport, if it is
unrelated to an intercollegiate athletic program; or
4. prohibit an institution of higher education from using a student
athlete's name, image, or likeness in connection with official
team activities.
Prohibitions on Institutions and Athletic Associations and
Conferences
Institutions and athletic associations or conferences are prohibited
from doing the following, based on a student athlete's endorsement
contract, employment activity, or attorney or sports agent
representation:
1. restricting a student’s eligibility to participate in an
intercollegiate athletic program,
2. prohibiting or preventing the student from earning
compensation from an endorsement contract or employment
activity, or
3. prohibiting or preventing the student from being represented
by an attorney or sports agent. 2021HB-06402-R010777-BA.DOCX
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Additionally, the bill prohibits athletic associations and conferences,
on the basis of a student’s contract, activity, or representation, from
preventing an institution from participating in intercollegiate sports.
And institutions are prohibited, on the basis of such a contract,
activity, or representation, from restricting or revoking a student
athlete's eligibility for a scholarship.
Under the bill, if a student’s contract, activity, or representation
does not comply with the bill’s requirements, an institution or an
athletic association or conference is not prohibited from (1) prohibiting
a student athlete's participation in an intercollegiate athletic program,
(2) revoking his or her eligibility for a scholarship, or (3) taking any
other punitive or legal action.
Freedom of Information Act (FOIA) Disclosure Exemption
The bill notwithstands FOIA and prohibits higher education
institutions from disclosing any record of the compensation a student
athlete receives from an endorsement contract or employment activity,
unless the institution receives the athlete's written consent.
EFFECTIVE DATE: July 1, 2021
BACKGROUND
Related Bills
HB 5468 (File 333), favorably reported by the Higher Education and
Employment Advancement Committee, contains the same provisions
on college credits awarded for military training as § 1 of the bill.
HB 6228 (File 92), favorably reported by the Higher Education and
Employment Advancement Committee, contains the same provisions
on establishing a prison education program office as § 2 of the bill.
HB 6461 (File 264), favorably reported by the Higher Education and
Employment Advancement Committee, contains similar provisions on
the campus mental health coalitions and the evaluation of higher
education institution mental health services and programs as §§ 3-7 of
the bill. 2021HB-06402-R010777-BA.DOCX
Researcher: JC Page 14 6/2/21
HB 6231 (File 300), favorably reported by the Higher Education and
Employment Advancement Committee, contains similar provisions on
health insurance for part-time CSUS faculty as § 8 of the bill.
HB 5109 (File 253), favorably reported by the Higher Education and
Employment Advancement Committee, contains very similar
provisions on the prohibition of the charging of graduation fees at
public higher education institutions as §§ 9-12 of the bill.
HB 6405 (File 86); favorably reported by the Higher Education and
Employment Advancement Committee, contains the same provisions
on the extension of the OER Coordinating Council's first annual
reporting deadline as § 13 of the bill.
sHB 6228 (File 92), favorably reported by the Higher Education and
Employment Advancement and Judiciary committees, establishes a
postsecondary prison education program office within DOC.
COMMITTEE ACTION
Higher Education and Employment Advancement Committee
Joint Favorable
Yea 19 Nay 3 (03/22/2021)