Introduction

In late 2025, the White House released a draft “compact” outlining the second Trump Administration’s priorities for higher education. The compact’s principles include commitments to merit, nondiscrimination, student learning, free inquiry, institutional neutrality, and financial responsibility.

While the compact was initially sent to nine high-profile universities, all institutions should commit to these priorities without needing a federal compact. Since so few institutions demonstrate a focus on these principles, the compact was a necessary reminder. State lawmakers also can and should require public colleges to follow these fundamental ideas.

The following model legislation offers text that state policymakers can use to codify the principles of the federal higher education compact. Some states have already adopted various reforms such as these.

Model Bill

An Act to Refocus Colleges and Universities on Their Fundamental Academic Mission

Whereas low graduation rates1 represent large levels of misallocated government and private resources; and

Whereas student debt has surpassed $1.8 trillion nationwide;2 and

Whereas student surveys show record numbers tolerating violence to stop a campus speaker;3 and

Whereas two in three students report self-censoring on some topics during classroom discussions;4 and

Whereas many bachelor’s degree programs and almost half of all master’s degree programs in the United States leave students financially worse off than before they enrolled;5 and

Whereas roughly one-third of all Pell Grant and federal student loan funding goes to programs that fail to deliver a positive return on investment6; and

Whereas non-instructional spending has outpaced instructional spending7 without improving student academic outcomes accordingly;8 and

Whereas too many colleges and college administrators nationwide have resisted clear direction from the U.S. Supreme Court to stop discriminating on the basis of race and sex;9

BE IT ENACTED THAT:

1. The [higher education regulatory body of the state] and/or [each public university board of trustees or regents] shall adopt regulations to effect the provisions of this Act.
2. Each state agency may condition a private or public institution of higher education’s access to agency funding on the institution’s compliance with one or more of the following provisions.
3. The [higher education regulatory body of the state or a court of competent jurisdiction or both] shall determine whether an institution of higher education is in compliance with the following provisions for the purpose of access to state funding.
4. MERIT IN ADMISSIONS—
   1. If a public institution of higher education admits a student who, on the basis of a standardized test, secondary school grades, other measures that predict graduation from the institution, or any combination of these, has less than a [X] percent likelihood of graduation within four years or less than a [X] percent likelihood of graduation within six years, and if that student does not graduate within eight years, the institution shall pay off [X] percent of the student’s remaining federal student loan debt associated with the student’s degree program.
   2. Each public institution of higher education shall recognize the Classic Learning Test (CLT) for undergraduate admissions in the same manner and to the same extent as the SAT and ACT.
   3. Each public institution of higher education shall maintain data enabling it to predict the chance of graduation for the purposes of paragraph (1) of subsection (d).
   4. Each public institution of higher education shall annually calculate and post on the admissions portion of its website the cutoff scores that comply with this section.
   5. No institution of higher education may use a proxy for race, ethnicity, national origin, or sex in its admissions outreach, processes, practices, or decisions. Non-exhaustive examples of proxies include neighborhood, school, ZIP code, and family income. Such criteria may be used in admissions if they are not used as proxies.10
5. MARKETPLACE OF IDEAS—
   1. INSTITUTIONAL NEUTRALITY—No public institution of higher education, nor its senior officers in their official capacities, shall:
      1. Take official action or express opinions on the political and social issues of the day;
      2. Modify the institution’s corporate activities to foster social or political values; or
      3. Require students, faculty, or administrators to hold or express a particular social or political view.
   2. IDENTITY-BASED ACTIVITIES—In this section, “diversity, equity, and inclusion office” means an office, division, or other unit of an institution of higher education established for the purpose of:
      1. Influencing hiring or employment practices at the institution with respect to race, sex, color, or ethnicity, other than through the use of color-blind and sex-neutral hiring processes in accordance with any applicable state and federal antidiscrimination laws;
      2. Promoting differential treatment of or providing special benefits to individuals on the basis of race, color, or ethnicity;
      3. Promoting policies or procedures designed or implemented in reference to race, color, or ethnicity, other than policies or procedures approved in writing by the institution’s general counsel and the [state higher education regulatory body] for the sole purpose of ensuring compliance with any applicable court order or state or federal law; or
      4. Conducting trainings, programs, or activities designed or implemented in reference to race, color, ethnicity, sex, sexual orientation, or gender identity, other than trainings, programs, or activities developed by an attorney and approved in writing by the institution’s general counsel and the [state higher education regulatory body] for the sole purpose of ensuring compliance with any applicable court order or state or federal law.
   3. The governing board of a public institution of higher education shall ensure that each unit of the institution:
      1. Does not, except as required by federal law:
         1. Establish or maintain a diversity, equity, and inclusion office;
         2. Engage in any of the programming or practices of a diversity, equity, and inclusion office, whether or not under the auspices of such an office;
         3. Receive or spend funds from any source, or receive funding from any source, including but not limited to a nonprofit foundation supporting the institution, to engage in the programming or practices of a diversity, equity, and inclusion office, whether or not under the auspices of such an office;
         4. Hire or assign an employee of the institution or contract with a third party to perform the duties of a diversity, equity, and inclusion office;
         5. Compel, require, induce, or solicit any person to provide a diversity, equity, and inclusion statement or give preferential consideration to any person based on the provision of a diversity, equity, and inclusion statement;
         6. Give preference on the basis of race, sex, color, ethnicity, or national origin for scholarships or any other form of financial aid;
         7. Discriminate or in any other way give preference on the basis of race, sex, color, ethnicity, or national origin to an applicant for employment, an employee, or a participant in any function of the institution;
         8. Favor or disfavor students in disciplinary matters on the basis of visa status or any protected characteristic under state law;
         9. Partner or contract with an outside organization that gives any preference on the basis of race, sex, color, ethnicity, or national origin for any purpose;
         10. Require as a condition of enrolling at the institution or performing any institution function any person to participate in diversity, equity, and inclusion training, which:
             1. Includes a training, program, or activity designed or implemented in reference to race, color, ethnicity, sex, sexual orientation, or gender identity; and
             2. Does not include a training, program, or activity developed by an attorney and approved in writing by the institution’s general counsel and the [state higher education regulatory body] for the sole purpose of ensuring compliance with any applicable court order or state or federal law; and
         11. Use a proxy for race, sex, color, ethnicity, or national origin as described in paragraph (d); and
         12. Adopt policies and procedures for appropriately disciplining, including by termination, an employee or contractor of the institution who engages in conduct in violation of paragraph a of this subsection.
   4. MARKETPLACE OF IDEAS AND CIVIL DISCOURSE—The governing board of a public institution of higher education shall ensure that the institution and each academic unit thereof commits to fostering a vibrant marketplace of ideas, including:
      1. Rigorous, good faith assessment of a broad spectrum of viewpoints, including empirical assessment where applicable, across the teaching and research of the institution and each of its academic units;
      2. Prioritizing the hiring of faculty members in academic subfields that are not well represented in an academic unit, in the judgment of relevant academic departments and the chief academic officer of the institution, except where an academic department has intentionally specialized;
      3. A prohibition on any receipt or use of funds to support any office, position, or system whose function is to:
         1. Investigate, threaten disciplinary action, or otherwise punish enrolled students for expressions of speech protected by state or federal law, including but not limited to speech pertaining to disagreements of opinion; political beliefs or affiliations; or perceived bias, prejudice, stereotypes, or intolerance; or
         2. Solicit the reporting of incidents of student speech protected by state or federal law, including but not limited to speech pertaining to disagreements of opinion; political beliefs or affiliations; or perceived bias, prejudice, stereotypes, or intolerance;11
      4. Encouragement of civil speech and expression without investigating or punishing uncivil speech that is protected by state or federal law;
      5. Provision by the institution of “free expression training” to all newly enrolled students as part of the institution’s new student orientation program. This “free expression training” means an orientation, presentation, or module, delivered in person or online, that provides a general overview both of students’ rights under the First Amendment to the U.S. Constitution and applicable state constitutional provisions and of the institution’s policies related to free expression, and is nonpartisan, apolitical, and educational in nature; and
      6. Acknowledgment that the [trustees/regents] and the [state higher education regulator] may disqualify courses from inclusion in the state’s general education curricula for any reason, including but not limited to failure to ensure a broad spectrum of viewpoints.
      7. Allowing any person or group that is lawfully present on a public institution’s campus to protest or demonstrate there. However, protests and demonstrations that materially and substantially infringe upon the rights of others to engage in or listen to expressive activity shall not be permitted and shall be subject to appropriate sanction. This does not prohibit professors or other instructors from maintaining order in the classroom.12
         1. The public areas of campuses of each of the public institutions are traditional public forums, open on the same terms to any speaker; the campuses of each institution are open to any speaker whom students, student groups, or members of the faculty have invited; and each institution shall make all reasonable efforts and make available all reasonable resources to ensure the safety of invited speakers.13
         2. An institution may not maintain or enforce “time, place, and manner of speech” restrictions on an expressive activity in a public area of campus unless the restriction—
            1. Is narrowly tailored in furtherance of a significant governmental interest;
            2. Is based on published, content-neutral, and viewpoint-neutral criteria;
            3. Leaves open ample alternative channels for communication; and
            4. Provides for spontaneous assembly and distribution of literature.
         3. A public institution shall not charge security fees based on the content or viewpoint of the inviter’s speech or of the speech of invited speakers, and the institution shall establish and make publicly available clear, objective, content-neutral and viewpoint-neutral, exhaustive standards used by the institution to determine the amount of any security fee for an event or activity organized by students and student organizations.14
      8. Each public institution shall publish a range of disciplinary sanctions for anyone under its jurisdiction who materially and substantially interferes with others’ free expression.15
         1. In all disciplinary cases involving expressive conduct, students at public institutions are entitled to a disciplinary hearing under published procedures, including, at a minimum,
            1. The right to receive advanced written notice of the charges;
            2. The right to review the evidence in support of the charges;
            3. The right to confront witnesses against them;
            4. The right to present a defense;
            5. The right to call witnesses;
            6. A decision by an impartial arbiter or panel; and
            7. The right of appeal.
         2. When suspension for longer than 30 days or expulsion is a potential penalty, students are entitled to a disciplinary hearing under published procedures, including, at a minimum, all of the above procedures in this section, plus the right to active assistance and full participation of counsel.16
         3. Any student who has twice been found responsible for infringing on the expressive rights of others will be suspended for a minimum of one year or expelled.17
      9. No public institution may deny a student organization any benefit or privilege available to any other student organization, or otherwise discriminate against a student organization, based on the content or viewpoint of the organization’s expression, including any requirement that the leaders or members of such organization:18
         1. Affirm and adhere to the organization’s sincerely held beliefs;
         2. Comply with the organization’s standards of conduct; or
         3. Intend to advance the organization’s mission or purpose, as defined by the student organization.
      10. No public institution may deny recognition to a student organization solely because the organization is unable to obtain a faculty advisor or sponsor, provided that the organization meets each of the other institutional requirements for such recognition.19 The institution shall ensure that any policy or practice related to the recognition of a student organization:
          1. Does not require a faculty or staff member to serve as advisor to participate in, support, or sponsor the organization; or
          2. If the institution does require that the organization have a faculty or staff member serve as an advisor and the organization is unable to secure such a member, the institution provides alternatives to such a requirement, which may include waiver of such requirement or the institution assigning a faculty or staff member to such organization.
      11. No public institution may deny to a religious student organization any right, benefit, or privilege that is otherwise afforded to other student organizations at the institution (including full access to the facilities of the institution and official recognition of the organization by the institution) because of the religious beliefs, practices, speech, leadership standards, or standards of conduct of the religious student organization.20
6. CIVIL AND CONSTITUTIONAL RIGHTS COMPLIANCE—As a condition of initial and continued authorization to operate within each state:
   1. Each public institution of higher education shall submit a periodic certification to the [state higher education regulator] affirming that the institution is in compliance with all applicable federal, state, and local laws pertaining to civil rights or constitutional rights, including but not limited to the First Amendment rights in the U.S. Constitution; and
   2. The institution’s certification covers all policies and practices of the institution and its subdivisions, including but not limited to those in admissions, hiring, training, or student activities.
   3. Any policy, practice, or activity of an institution-recognized student organization—including an affinity group that focuses on race, ethnicity, national origin, or sex—that uses a classification based on race, ethnicity, national origin, or sex must survive strict scrutiny in order to be considered compliant with the civil rights protections of this state.
   4. RIGHTS AUDITS—The [state higher education regulator] shall conduct periodic civil-rights compliance audits of the in-state operations of each institution of higher education authorized to operate in the state, and periodic constitutional-rights compliance audits of each public institution of higher education operating in the state. Audits shall:
      1. Be conducted at least once every five years; and
      2. Include review of:
         1. Admissions policies and practices;
         2. Institutional policies and practices related to speech and expressive activity;
         3. Employment policies and practices;
         4. Student orientation, residence life, and student life policies and practices; and
         5. Institution-led and student organization–led student activities.
   5. If an institution fails to submit the required certification; knowingly submits a materially false certification; or fails to remedy identified violations within a period prescribed by the [state higher education regulator] and/or the [state higher education regulator], the authorizing agency may impose appropriate sanctions, including but not limited to probationary authorization to operate in the state, limitations on participation in state funding and state scholarship and financial aid programs, and suspension or termination of authorization to operate in the state.
   6. The [state higher education regulator] shall submit periodic reports to the Governor and education committees of the Legislature, at least once every three years, summarizing:
      1. The audits conducted at each institution;
      2. General compliance trends;
      3. Any enforcement actions taken; and
      4. Recommendations for legislative or regulatory improvements.
   7. For all purposes involving institutions of higher education:
      1. “Sex” refers to whether an individual is male or female, determined by reproductive biology and the type of gamete the individual produces.
      2. “Gender,” when used to refer to males or females, shall be considered a synonym for sex.
      3. “Gender Identity,” if used, shall not be considered a synonym, substitute, or equivalent term for sex or gender, and shall not be used to alter, expand, or redefine the meaning of sex under this section.
      4. An individual’s sex is not determined by self-identification, psychological state, behavior, or expression.
      5. All statutes, regulations, and institutional policies shall be interpreted consistently with this section.
7. STUDENT LEARNING—
   1. Each institution of higher education shall collect, maintain, and annually report to its governing board the institution’s grade distribution data for academic courses and programs. The data shall include:
      1. Aggregate grade distributions by course and academic program, except that the data shall not be reported when a course or program has 10 or fewer students; and
      2. Historical grade distribution trends over a period of not less than the most recent five academic years for each course and program, to the extent such data are available.
   2. Grade distribution data are public records under the [state’s open records act].
   3. Grade data for a course or program shall be made available to an enrolled student upon request, and a student need not file an open records request in order to request and receive the data.
   4. JOINT SERVICES TRANSCRIPTS—Each public institution of higher education shall construe Joint Services Transcript items as broadly as practicable in order to give military service members and veterans enrolling in undergraduate and graduate programs the maximum possible amount of transfer credit.
8. FINANCIAL RESPONSIBILITY AND ACCOUNTABILITY—
   1. Each institution of higher education authorized to operate in the state, as a condition of continued operation, shall annually publish on its website the federal College Scorecard data that it submits that show financial and workforce outcomes of graduates for each academic program, except that when a data element represents 10 or fewer students, multiple years of data shall be aggregated, when available, to produce a reportable figure.
   2. PROGRAM REVIEW—The [state higher education regulator] shall conduct a comprehensive review of each academic program offered by each public institution of higher education at least once every five years. The review shall evaluate:
      1. Graduate earnings outcomes;
      2. Employment outcomes;
      3. Program enrollment and completion; and
      4. Program duplication across institutions in light of state workforce trends.
   3. If the [state higher education regulator] staggers its review, such as by reviewing one-fifth of academic disciplines each year, it must do so by discipline. For example, in a given year, all sociology or chemistry programs statewide would be reviewed.
   4. As soon as practicable following each review, the [state higher education regulator] shall publish a report identifying programs subject to required consolidation, discontinuation, or enrollment limitation, according to criteria identified by the [state higher education regulator].
   5. The criteria must at least include a minimum of median annual earnings of program graduates, a minimum six-year completion rate, a minimum job placement rate, and a comparison of the number of statewide program graduates to the number of annual new jobs in the state for which the relevant degree is a core credential.
   6. EXAMPLE—For example, if one public institution’s anthropology department produces 10 bachelor’s degree holders per year, a second public institution’s anthropology department produces 15, and the third produces 20, while private institutions in the state produce an additional 45 graduates, totaling 90, and if new jobs requiring an anthropology degree are significantly below 90 annually, the report should identify one or more of the public institutions’ anthropology programs for consolidation, discontinuation, or enrollment limitation.
   7. The [state higher education regulator] may make exceptions to its criteria if such exceptions are aligned with the public policy of the state.
   8. CONSOLIDATION OPTIONS—The [state higher education regulator] may require the consolidation of multiple programs at the same institution (for example, different programs in Romance languages) or of the same or similar programs across more than one institution (for example, merging two dance programs effectively means eliminating the dance program at one institution and moving its students to a second institution).
   9. The [state higher education regulator] may designate a process for accepting and evaluating appeals before consolidation, discontinuation, or enrollment limitation requirements are made final.
   10. Notwithstanding any other provision of law, contract, or collective bargaining agreement, including tenure, the [state higher education regulator] or institution may require the termination of any faculty member whose program is subject to consolidation, discontinuation, or enrollment limitation.
   11. The [state higher education regulator] shall submit an annual report to the Legislature describing:
       1. How it applied its thresholds;
       2. Any exceptions and its reasons for each exception; and
       3. Lists of programs that are subject to consolidation, discontinuation, or enrollment limitation, and the deadline for execution in each case.
9. FOREIGN ENTANGLEMENTS—
   1. DISCLOSURE—Each institution of higher education shall disclose any foreign gift, grant, or contract valued at $50,000 or more, whether received directly or indirectly.
   2. Multiple gifts, grants, or contracts from the same foreign source shall be aggregated for purposes of determining reporting thresholds.
      1. “Foreign source”21 means:
         1. A foreign government or an agent or intermediary acting on behalf of a foreign government or foreign entity;
         2. A partnership, association, corporation, organization, or other combination of persons organized under the laws of or having its principal place of business in a foreign country;
         3. A political party or member of a political party in a foreign country. “Political party” means an organization or a combination of individuals whose aim or purpose is, or who are engaged in any activity devoted in whole or in part to, the establishment, administration, control, or acquisition of administration or control of a government of a foreign country or a subdivision there of, or the furtherance or influencing of the political or public interest, policies, or relations of a government of a foreign country or a subdivision thereof;
         4. Any person who is not a citizen of the United States or is a U.S. citizen who holds additional citizenship elsewhere.
   3. Institutions shall submit disclosure reports semiannually to the [state higher education regulator].
   4. Each report shall include:
      1. The amount and date of each foreign gift, grant, or contract;
      2. The identity and country of origin of the foreign source;
      3. The purpose and nature of the funding or agreement;
      4. The academic program, department, or activity receiving the funding; and
      5. Any conditions attached to the funding or agreement.
   5. AGREEMENTS WITH COUNTRIES OF CONCERN—No institution of higher education may enter into any agreement with a foreign source located in a foreign country of concern unless the [Office of the Governor] reviews a prospective agreement and approves it on the grounds that it is valuable to the state and is not detrimental to the safety or security of the United States or its residents. For the purposes of this section, “foreign country of concern” means the People’s Republic of China, the Russian Federation, the Islamic Republic of Iran, the Democratic People’s Republic of Korea, the Republic of Cuba, the Venezuelan regime of Nicolas Maduro, or the Syrian Arab Republic, and any country so identified by the U.S. Department of State, including any agency of or entity under significant control of such foreign country of concern.
   6. AUDITS—The [state higher education regulator] shall annually and randomly inspect or audit at least 5 percent of the total number of gifts disclosed by, or gift agreements received from, state institutions during the previous year to determine an institution’s compliance with the statutory requirements, beginning with gifts and agreements as of [date].
   7. PENALTIES AND ENFORCEMENT—If an institution fails to comply with the requirements of this section, or knowingly submits false or incomplete disclosures, the [state higher education regulator] may impose one or more of the following sanctions:
      1. Civil penalties equal to 105 percent of the amount of the undisclosed gift (payable only from nonstate funds of the institution of higher education or the affiliate organization that received such gift);
      2. Probationary status subject to enhanced oversight;
      3. Ineligibility to receive state funding, grants, or financial aid funds; and
      4. Suspension or revocation of authorization to operate in the state.
10. DEPORTABLE OFFENSES—
    1. Upon receipt of official notice from a federal agency that a student’s or employee’s visa, immigration status, or employment authorization has been revoked, terminated, expired, or otherwise rendered invalid under federal law, an institution of higher education shall immediately suspend or terminate the individual’s enrollment or employment, as applicable, to the extent such action is consistent with federal law, and shall comply with all applicable federal reporting requirements related to changes in immigration status.
    2. Each institution of higher education must have and enforce a policy that prohibits all students, faculty members, and staff members from publicly espousing terrorist activity related to an ongoing conflict or, at any time or place, persuading others to endorse or espouse terrorist activity related to an ongoing conflict or to support a terrorist organization, as such terms are defined in 8 U.S. Code 1182 and 1227.
    3. Each institution shall annually certify to the [state higher education regulator] that it is in compliance with the requirements of this section.
    4. Nothing in this section shall be construed to:
       1. Authorize institutions to independently determine deportability under federal law; or
       2. Require any action inconsistent with federal law or constitutional due process or free speech protections.
11. PRIMACY OF STATE LAW—
    1. PROHIBITION—An accrediting agency or association may not compel any public institution of higher education to violate state law, and any adverse action upon the institution based on the institution’s compliance with state law constitutes a violation of this section, except to the extent that state law is pre-empted by a federal law that recognizes the necessity of the accreditation standard or requirement.
    2. CAUSE OF ACTION—An institution of higher education negatively impacted by retaliatory or adverse action taken against the institution by an accrediting agency or association may bring an action against the accrediting agency or association in a court of competent jurisdiction and may obtain liquidated damages in the amount of federal financial aid received by the institution, court costs, and reasonable attorney fees.
12. IMMIGRATION ENFORCEMENT COOPERATION—
    1. As a condition of continued eligibility for state funding (and/or authorization to operate within the state), each public institution of higher education that maintains a sworn campus police department or contracts out such campus safety responsibilities to a local police department shall enter into and maintain a written memorandum of agreement with the U.S. Department of Homeland Security’s Immigration and Customs Enforcement (ICE), pursuant to Section 287(g)(1) of the Immigration and Nationality Act, to the extent permitted by federal law. This agreement shall delegate to designated campus police officers or those on contract with the university the authority to perform specified federal immigration enforcement functions under ICE’s direction and supervision, consistent with the practices of ICE’s 287(g) program.
    2. Reporting and Certification—Each institution subject to this section shall, at least annually, publicly report and certify to the [state higher education regulatory body] the following objective information to demonstrate compliance: (i) whether the institution has a current Section 287(g) agreement in effect with ICE; (ii) which 287(g) program model is being implemented under that agreement (for example, Jail Enforcement, Task Force, or Warrant Service Officer model); and (iii) the number of campus police or police officers that are on contract with the university to provide campus safety, trained and certified or otherwise authorized under the agreement to exercise such delegated immigration enforcement authority. The institution shall make this information publicly available, such as posting it on the institution’s website or in an official report, on an ongoing basis.
    3. Limitation and Savings Clause—Nothing in this section shall be construed to require any institution or campus law enforcement agency to take action inconsistent with federal law, or to exceed the authority conferred by an executed 287(g) agreement or other applicable federal law. This section is intended to facilitate cooperation with federal immigration authorities within the bounds of federal law and the Constitution.
13. LIMITATIONS—Nothing in this Act shall be construed to authorize viewpoint discrimination, abridge academic freedom to the extent that it is protected by state or federal law, or conflict with federal law.
14. SEVERABILITY [if not already covered by the education code, use state’s usual language]