Welcome: June/July 2008

It’s summer, and though Congress is currently in recess, the AAUP is not! Below is our comprehensive legislative update for June and July.  We’re always ready to hear from members about the issues facing their states. Please e-mail Nicole Byrd, government relations associate, at nbyrd@aaup.org with comments, questions, or items for inclusion in the next newsletter.

Federal Update

The Higher Education Act reauthorization was nearly complete when the news of Senator Kennedy’s tumor broke. His operation on June 2 was successful, and while he recovers, Senator Mikulski (D-MD) has been filling in for him in the final conference negotiations. In the meantime, the temporary extensions continue to add up: the sixth short-term extension covered the month of June, and a seventh extension was passed on June 23 to cover programs through July 31. Members of Congress have expressed optimism that work will be completed shortly after the July 4 recess. 

On June 25, the Senate Judiciary Committee held a hearing entitled “Laptop Searches and Other Violations of Privacy Faced by Americans Returning from Overseas Travel.” U.S. customs agents have been searching and, in some cases, copying the contents of personal laptop computers, phones, and other electronic devices belonging to citizens returning from overseas. The practice seems to be widespread though not well publicized: 7 percent of business travelers responding to a recent survey said that their electronic devices had been seized and searched. The Department of Homeland Security declined to make any representative of the agency available for the hearing, and Secretary Chertoff did not answer questions submitted by Senator Feingold (D-WI). The AAUP recently signed on to a letter (.pdf) objecting to these practices.

On June 30, President Bush signed the new GI Bill, which will substantially boost educational benefits for veterans. The bill, which was sponsored in the Senate by Jim Webb (D-VA), had broad bipartisan support in both chambers and seeks to increase the purchasing power of educational benefits to an amount equivalent to the original GI Bill.  

A U.S. House subcommittee approved a spending bill for the 2009 fiscal year  that would add $15 million each to the National Endowment for the Humanities and the National Endowment for the Arts. This would bring the funding level of each to $160 million. 

Resolutions pertaining to several areas of public policy were passed at the AAUP’s 2008 annual meeting. One resolution reiterates our condemnation of the so-called “intellectual diversity” legislative initiatives. In related news, Stanley Fish reenters the discussion with a new book on the subject. 

Featured Articles

“ Senator Mikulski to Lead Talks on Higher Education Act in Kennedy’s Absence.” Chronicle of Higher Education. 6/2/2008.

“ Loyalty Oath Compromise.” Inside Higher Ed. 6/3/2008.

“ The Union Impact and Non-Impact,” Inside Higher Ed, 6/3/2008 

Nationwide

Half a dozen bills addressing the teaching of “controversial” subjects have been introduced in state legislatures so far this year. The bills, which make reference to teaching the “ strengths and weaknesses” of topics such as evolution under the guise of “academic freedom,” are addressed to K–12. However, because the teaching of science in a way that distorts the consensus of the scientific community would have direct impact on higher education, the AAUP has been monitoring the bills closely. Additionally, at the AAUP’s annual meeting in June, a resolution  condemning these bills was passed. Four of the six bills have been defeated already; however, LA S 733 was signed by Governor Jindal on June 25.

In Connecticut, CT S 467 became public law on June 12. Drafted with the Virginia Tech tragedy in mind, this legislation requires all public and private institutions to submit a plan to the state Department of Education regarding better identification by faculty and other university employees of and assistance to individuals who might pose a danger to themselves or others.

Iowa’s bill IA H 2690 was signed by the governor. As reported in last month’s newsletter, the new law addresses preferred lender lists at state institutions, requiring at least three unaffiliated lenders to be on each school’s list. Incentives for administrators and revenue sharing are banned under the new law.

The North Carolina Community College System issued a statement announcing that it will no longer admit undocumented immigrants. This is a reversal of last year’s decree by the North Carolina Community College System that undocumented students must be admitted to institutions. NC H 2237 has been in the House Rules Committee since mid-May. Though federal law does address students without legal residency, there are no laws requiring schools to verify students’ immigration status before admitting them. In Colorado, CO S 79 (.pdf), which makes all students who have attended an in-state high school eligible for in-state tuition rates, was signed by the governor on May 20. 

In South Carolina, SC S 1115  was signed by the governor on June 11. The bill expands eligibility for in-state tuition benefits for members of the military and their dependents. A Florida bill seeking to expand educational benefits for veterans, FL H 59, died in committee.

Pennsylvania has pending legislation that would seek to address public concern over tuition increases. PA H 2422 would provide for fixed tuition rates for certain students.

The governor of Maryland signed MD H 905 and MD S 438. The bills implement a reporting requirement regarding cultural diversity programming.

NY A 8167 was recalled from the New York senate on June 16 and returned to the assembly for amendment; the assembly returned the amended bill to the upper chamber on June 23. This legislation would require publishers to make textbooks available to faculty members or institutions at the same price as bookstores. Publisher incentives to educators are also forbidden by the bill.