Houchin Bill

• Text

• Chapter 28, 20 US Code, which codifies The Higher Education Act of 1965 (as of March 1, 2024), of which section 112 says :

SEC. 112. [20 U.S.C. 1011a] PROTECTION OF STUDENT SPEECH AND ASSOCIATION RIGHTS.

(a) Protection of Rights.—(1) It is the sense of Congress that no student attending an institution of higher education on a full- or part-time basis should, on the basis of participation in protected speech or protected association, be excluded from participation in, be denied the benefits of, or be subjected to discrimination or official sanction under any education program, activity, or division of the institution directly or indirectly receiving financial assistance under this Act, whether or not such program, activity, or division is sponsored or officially sanctioned by the institution. (2) It is the sense of Congress that— (A) the diversity of institutions and educational missions is one of the key strengths of American higher education; (B) individual institutions of higher education have different missions and each institution should design its academic program in accordance with its educational goals; (C) an institution of higher education should facilitate the free and open exchange of ideas; (D) students should not be intimidated, harassed, discouraged from speaking out, or discriminated against; (E) students should be treated equally and fairly; and (F) nothing in this paragraph shall be construed to modify, change, or infringe upon any constitutionally protected religious liberty, freedom, expression, or association. (b) Construction.—Nothing in this section shall be construed— (1) to discourage the imposition of an official sanction on a student that has willfully participated in the disruption or attempted disruption of a lecture, class, speech, presentation, or performance made or scheduled to be made under the auspices of the institution of higher education, provided that the imposition of such sanction is done objectively and fairly; or (2) to prevent an institution of higher education from taking appropriate and effective action to prevent violations of State liquor laws, to discourage binge drinking and other alcohol abuse, to protect students from sexual harassment including assault and date rape, to prevent hazing, or to regulate unsanitary or unsafe conditions in any student residence. (c) Definitions.—For the purposes of this section: (1) Official sanction.—The term “official sanction”— (A) means expulsion, suspension, probation, censure, condemnation, reprimand, or any other disciplinary, coercive, or adverse action taken by an institution of higher education or administrative unit of the institution; and (B) includes an oral or written warning made by an official of an institution of higher education acting in the official capacity of the official. (2) Protected association.—The term “protected association” means the joining, assembling, and residing with others that is protected under the first and 14th amendments to the Constitution, or would be protected if the institution of higher education involved were subject to those amendments. (3) Protected speech.—The term “protected speech” means speech that is protected under the first and 14th amendments to the Constitution, or would be protected if the institution of higher education involved were subject to those amendments.

• PART E—LENDER AND INSTITUTION REQUIREMENTS RELATING TO EDUCATION LOANS

SEC. 151. [20 U.S.C. 1019] DEFINITIONS. In this part: (1) Agent.—The term “agent” means an officer or employee of a covered institution or an institution-affiliated organization. (2) Covered institution.—The term “covered institution” means any institution of higher education, as such term is defined in section 102, that receives any Federal funding or assistance.

• SEC. 102. [20 U.S.C. 1002] DEFINITION OF INSTITUTION OF HIGHER EDUCATION FOR PURPOSES OF TITLE IV PROGRAMS.

(a) Definition of Institution of Higher Education for Purposes of Title IV Programs.— (1) Inclusion of additional institutions.—Subject to paragraphs (2) through (4) of this subsection, the term “institution of higher education” for purposes of title IV includes, in addition to the institutions covered by the definition in section 101— (A) a proprietary institution of higher education (as defined in subsection (b) of this section); (B) a postsecondary vocational institution (as defined in subsection (c) of this section); and (C) only for the purposes of part D of title IV, an institution outside the United States that is comparable to an institution of higher education as defined in section 101 and that has been approved by the Secretary for the purpose of part D of title IV, consistent with the requirements of section 452(d).