The Higher Education Act of 1998: Protecting Student Athletes’ RightsHR 3847 IH – 119th Congress
The Higher Education Act of 1998 (H.R. 3847 IH – 119th Congress) is a federal law that aims to protect the rights and well-being of student-athletes in higher education institutions.
Provisions
Eligibility
An institution is not eligible for any Federal funding made available by the Department of Education unless such institution satisfies the requirements of this section, including any requirement included in a regulation promulgated under subsection (e).
Education and Training
An institution shall provide, to each student athlete who receives a grant-in-aid from such institution in relation to participation in a varsity sports team, education and training with respect to the following:
- Career preparation
- Financial literacy
- Mental health
- Name, image, and likeness opportunities
- Nutrition
- Sexual violence prevention
- Strength and conditioning
- The process for transferring to another institution.
Medical Care
For the 4-year period beginning on the date on which an individual graduates or otherwise separates from an institution in which such individual was enrolled, such institution shall pay all the medical costs of such individual in relation to any injury of such individual that occurred:
- While the individual was a student athlete at such institution;
- As a result of participation in a varsity sports team.
Grants-in-Aid
An institution that provides a grant-in-aid to a student athlete in relation to participation in a varsity sports team—
- may not reduce the amount of or cancel such grant-in-aid for any reason relating to:
- Athletic ability or performance;
- Coefficient to team success;
- Injury;
- Physical or mental illness;
- Roster management decisions;
- during the 10-year period beginning on the date on which such grant-in-aid is initially agreed to by such institution, shall make such grant-in-aid available to such student athlete for purposes of degree completion without regard to whether such student athlete continues to participate in a varsity sports team.
Regulations
The Secretary of Education may promulgate, in accordance with section 553 of title 5, United States Code, such regulations as may be necessary to carry out this section.
Preemption
No State or political subdivision of a State may enforce any law, regulation, rule, requirement, or standard that—
- conflicts with this Act, including any amendments made by this Act;
- governs or regulates, with respect to intercollegiate athletic competitions or varsity sports teams, the compensation, employment status, or eligibility of a student athlete, including any law, regulation, rule, requirement, or standard that governs or regulates the commercial use of the name, image, or likeness of a student athlete.