O F F I C E O F L E G I S L A T I V E R E S E A R C H
P U B L I C A C T S U M M A R Y
Page 1
PA 21-132—HB 6402
Higher Education and Employment Advancement Committee
AN ACT CONCERNING HI GHER EDUCATION
TABLE OF CONTENTS:
§ 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 — POST SECONDARY PRISON EDUCATION PROGRAM OFFICE
TASK FORCE
Establishes a 16-member task force to study establishing 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 — EVALUATION TRAINING WORKSHOPS
Allows the OHE executive director and DMHAS commissioner, in consultation with certain
specialists, to jointly offer training workshops on best practices for assessing and providing
mental health services and programs at higher education instiutions
§ 5 — PROVIDER PARTNERSHIPS
Requires institutions that lack campus resources for providing mental health services to maintain
a memorandum of understanding with at least one community-based mental health care provider
§ 6 — INSTITUTIONAL STUDENT MENTAL HEALTH POLICY
Requires each institution’s governing board to adopt a student mental health policy by January 1,
2022, and update it as needed
§ 7 — GRANT WRITER FOR MEN TAL HEALTH FUNDING
Requires BOR to employ a grant writer to apply for funding to improve mental health services at
community-technical colleges
§ 8 — STUDY OF HEALTH INSURANCE BEN EFITS FOR PART-TIME
CONNECTICUT STATE SYSTEM OF HIGHER EDUCATION EMPLOYEES
AND RETIREES
Requires the state comptroller, in consultation with BOR and UConn BOT, to study and develop a
plan to extend eligibility to participate in the state's medical group plan to certain part-time,
professional employees and retirees O L R P U B L I C A C T S U M M A R Y
Page 2 of 10
§§ 9-12 — PROHIBITION AGAINST CHARGING GRADUATION 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
§ 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 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 an intercollegiate athletic program
SUMMARY: This act makes numerous changes in higher education laws, as
described below.
EFFECTIVE DATE: July 1, 2021, except that provisions (1) establishing a
Postsecondary Prison Education Program Office task force (§ 2) and (2) studying
extending health insurance benefits to certain higher education system employees
(§ 8) take effect upon passage.
§ 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
The act 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, must 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 must develop and
implement policies governing the awarding of college credit for these matters.
EFFECTIVE DATE: July 1, 2021
§ 2 — POST SECONDARY PRISO N EDUCATION PROGRAM OFFICE
TASK FORCE
Establishes a 16-member task force to study establishing a Postsecondary Prison Education
Program Office
The act establishes a 16-member task force to study the costs and benefits of
establishing a Postsecondary Prison Education Program Office within the O L R P U B L I C A C T S U M M A R Y
Page 3 of 10
Department of Correction (DOC).
Scope
Under the act, 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;
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 used by other state or county correctional agencies to increase
the number of people who can access prison education programs using
federal Pell grant awards.
Membership
Under the act, the task force’s 16 members members include:
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 her designee; and
4. the DOC commissioner or his designee.
Under the act, appointed members may be legislators. Appointing authorities
must make appointments by July 30, 2021, and fill any vacancies.
Leadership, Staff, and Reporting Deadlines
The act requires the House speaker and Senate president pro tempore to
choose the task force chairpersons from among its membership. These
chairpersons must schedule and hold the task force’s first meeting by August 29,
2021. The Higher Education and Employment Advancement Committee’s
administrative staff serve as the task force staff.
Under the act, the task force must report its findings and recommendations to
the Higher Education and Judiciary committees by January 1, 2022. The task O L R P U B L I C A C T S U M M A R Y
Page 4 of 10
force terminates when 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
Membership
The act 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 with representatives from each of its campuses to assess
the institution’s mental health services and programs. 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 act, each institution’s president must appoint individuals to the
coalition from each campus that reflect the institution’s student body
demographics, including at least one member from the 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 mental health services provider.
The act 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.
Duties
The act requires each mental health coalition to do the following:
1. assess the presence of mental health services and programs offered by the
higher education institution (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; 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, community-based services, or emergency
mobile psychiatric services; (b) the comprehensiveness of mental health
services available to students, including recommendations for obtaining
accreditation from a nationally or regionally recognized accrediting body O L R P U B L I C A C T S U M M A R Y
Page 5 of 10
for mental health services; and (c) the campus-wide policies and
procedures adopted under this act (see § 6).
Under the act, “mental health services” are counseling, therapy, rehabilitation,
crisis intervention, or emergency services that screen, diagnose, or treat mental
illness. “Mental health programs” are education, outreach, research or training
initiatives aimed at students to prevent mental illness, such as poster and flyer
campaigns, electronic communications, films, guest speakers, conferences, or
other campus events.
EFFECTIVE DATE: July 1, 2021
§ 4 — EVALUATION TRAINING WORKSHOPS
Allows the OHE executive director and DMHAS commissioner, in consultation with certain
specialists, to jointly offer training workshops on best practices for assessing and providing
mental health services and programs at higher education instiutions
The act allows the Office of Higher Education (OHE) executive director and
Department of Mental Health and Addiction Services (DMHAS) commissioner to
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. They must do this in consultation with an
epidemiologist or other specialist with expertise in mental health issues at higher
education intuitions.
§ 5 — PROVIDER PARTNERSHIPS
Requires institutions that lack campus resources for providing mental health services to maintain
a memorandum of understanding with at least one community-based mental health care provider
The act 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.
§ 6 — INSTITUTIONAL STUDENT MENTAL HEALTH POLICY
Requires each institution’s governing board to adopt a student mental health policy by January 1,
2022, and update it as needed
The act requires each higher education institution’s governing board to adopt,
and update as necessary, campus-wide student mental health policies and
procedures by January 1, 2022. These policies and procedures must include (1)
the types of mental health services and programming provided to students each
academic year, (2) protocols for student mental health leave, and (3) the resources
available for crisis response, imminent danger, and psychiatric hospitalization. O L R P U B L I C A C T S U M M A R Y
Page 6 of 10
EFFECTIVE DATE: July 1, 2021
§ 7 — GRANT WRITER FOR MEN TAL HEALTH FUNDING
Requires BOR to employ a grant writer to apply for funding to improve mental health services at
community-technical colleges
The act requires BOR, by January 1, 2022, 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
§ 8 — STUDY OF HEALTH INSU RANCE BENEFITS FOR P ART-TIME
CONNECTICUT STATE SY STEM OF HIGHER EDUCA TION EMPLOYEES
AND RETIREES
Requires the state comptroller, in consultation with BOR and UConn BOT, to study and develop a
plan to extend eligibility to participate in the state's medical group plan to certain part-time,
professional employees and retirees
The act requires the state comptroller, in consultation with BOR and BOT, to
study and develop a plan to extend eligibility to participate in the state’s group
medical insurance plan to:
1. part-time, professional employees of the state higher education system
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 at least 180
credit hours in the aggregate within the system, regardless of whether the
hours were completed at the rate of nine credits per semester.
The study must (1) determine the feasibility and cost of including these
employees and retirees and (2) include a method for paying the employer's
portion of the premium that does not require the employee to wait to be
reimbursed until the end of the semester. The comptroller must report on the study
to the Higher Education and Employment Advancement Committee by January 1,
2022.
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 to
be eligible to participate.
EFFECTIVE DATE: Upon passage
§§ 9-12 — PROHIBITION AGAINST CHARGING GRADUATION FEES AT
PUBLIC HIGHER EDUCATION INSTITUTIONS
O L R P U B L I C A C T S U M M A R Y
Page 7 of 10
Prohibits assessing or charging a graduation fee to students enrolled in a regional community-
technical college, the CSUS, Charter Oak State College, or UConn
The act prohibits BOR from assessing or charging a graduation fee to students
enrolled in (1) a regional community-technical college, (2) the Connecticut State
University System (CSUS), or (3) Charter Oak State College.
The act extends the same prohibition to BOT for UConn students’ graduation
fees.
EFFECTIVE DATE: July 1, 2021
§ 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 council from lapsing at the end of the fiscal year
The act delays the Connecticut Open Educational Resource (OER)
Coordinating Council's first annual reporting deadline from January 1, 2021, to
February 1, 2022.
By law, the council must 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 an intercollegiate athletic program
Generally, beginning September 1, 2021, the act allows student athletes
enrolled at a higher education institution in the state to (1) earn compensation
through an endorsement contract or employment in an activity unrelated to an
intercollegiate athletic program and (2) obtain legal or professional representation
from an attorney or sports agent through a written agreement, as long as he or she
complies with the higher education institution's policy on student athlete
endorsement contracts and employment activities. Under the act, if an institution
adopts or updates its policy before September 1, 2021, then the above
authorizations apply on the date of policy adoption. (PA 21-2, June Special
Session (JSS), extends this date to January 1, 2022; see Related Acts below.)
Under the act, 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 to
promote or regulate college athletics (i.e., an intercollegiate athletic program). A
"sports agent" is a duly licensed person who negotiates or solicits a contract on O L R P U B L I C A C T S U M M A R Y
Page 8 of 10
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 another party’s use of the
student athlete’s person, name, image, or likeness to promote a 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
The act requires each higher education institution to 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 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 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 act also requires each higher education institution's governing board, by
September 1, 2021, to adopt or update its policies to carry out the act’s student
athlete provisions. (PA 21-2, JSS, extends this date to January 1, 2022; see
Related Acts below.)
Compensation Exclusions
The act 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. O L R P U B L I C A C T S U M M A R Y
Page 9 of 10
It 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 does not comply with the
act’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 act 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 employment activity that
entails coaching or performing a sport, if it is unrelated to an
intercollegiate athletic program; or
4. prohibit an institution from using a student athlete’s name, image, or
likeness in connection with official team activities.
Prohibitions on Institutions and Athletic Associations and Conferences
The act prohibits institutions and athletic associations or conferences 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.
Additionally, the act prohibits athletic associations and conferences, based on
a student’s contract, activity, or representation, from preventing an institution
from participating in intercollegiate sports. It also prohibits institutions from
restricting or revoking a student athlete’s eligibility for a scholarship based on his
or her contract, activity, or representation.
Under the act, if a student’s contract, activity, or representation does not
comply with the act’s requirements, an institution or an athletic association or
conference may (1) prohibit the student athlete’s participation in an intercollegiate
athletic program, (2) revoke his or her eligibility for a scholarship, or (3) take any
other punitive or legal action.
Freedom of Information Act (FOIA) Disclosure Exemption
Regardless of FOIA’s requirements, the act prohibits higher education
institutions from disclosing any record of the compensation a student athlete
receives from an endorsement contract or employment activity unless the O L R P U B L I C A C T S U M M A R Y
Page 10 of 10
institution receives the athlete’s written consent.
EFFECTIVE DATE: July 1, 2021
BACKGROUND
Related Acts
PA 21-2, JSS, §§ 54-57, prohibits charging graduation fees at public higher
education institutions.
PA 21-2, JSS, § 34, exempts the OER Coordinating Council’s unexpended
operating funds from lapsing at the end of each fiscal year.
PA 21-2, JSS, § 146, delays from September 1, 2021, to January 1, 2022, the
date by which (1) student athletes may begin earning compensation through an
endorsement contract or employment in an activity unrelated to a intercollegiate
athletic program and (2) higher education institutions must adopt or update their
related policies. It also prohibits student athletes from receiving compensation for
the use or their name, image, or likeness, as an incentive to attend a specific
institution or athletic program.