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Higher education law covers student, teacher, and institutional rights, as well as conflicts between government and private research initiatives. The Higher Education Act of 1965 increased college access through financial aid and is reauthorized every six years. States also enact laws to protect access to education, including for undocumented residents. Contemporary issues such as discrimination, sexual harassment, and stem cell research also impact higher education law.
The Higher Education Act comprises a set of laws relating to colleges and universities. Traditionally, higher education law has focused on the rights of students in pursuit of a degree. Higher education law has evolved to include the rights of teachers, the rights of university employees, institutional rights – especially regarding technological advances and the academic work produced by university employees – and the conflict between government and private research initiatives.
Harvard University became the first institution of higher learning in the United States in 1636. Since then, higher education law has developed in response to the many institutions that have sprung up since Congress passed the Morrill Act in 1862. That legislation granted land to all states to establish universities, primarily those focused on agriculture, engineering, and science.
The Higher Education Act (HEA) of 1965, part of President Lyndon Johnson’s “Great Society,” increased college access to more students by providing financial aid to college students — including grants and loans — and established the National Teacher’s Corp. The act is reauthorized every six years. Congress often makes changes to the higher education law before reauthorizing the law. Recent advances in higher education law include the 2008 amendments changing the name of the law to the Higher Education Opportunity Act and attempting to ensure students with intellectual disabilities have a better chance of obtaining a degree.
In addition to the HEA, many states enact higher education laws to protect access to education. Border states like Texas and California have laws that protect the rights of residents regardless of their citizenship status. The California Supreme Court issued a ruling in 2010 that granted undocumented residents, including those in the country illegally, access to lower rates for state tuition.
Higher education law evolves rapidly in response to various contemporary issues present in all aspects of our society. Common higher education law issues concern discrimination on the grounds of race, gender and sexual orientation, sexual harassment, freedom of religion and incitement to hatred. Polarizing issues such as animal testing and the ecological impact of research have emerged and are also reflected in our national conversation. In the early 21st century, stem cell research, which traditionally takes place in both private companies and universities that rely on government funding, has been in the headlines and at the forefront of national elections and legal debates. Proponents laud the research as saving lives, while opponents condemn it as state-sanctioned abortion, and universities are often caught in the middle of such battles.
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