Dive Brief:
- University of North Carolina President Margaret Spellings told chancellors their institutions had to comply with a new law that requires transgendered people to use bathrooms corresponding to their biological gender, though she said this was not an endorsement of it.
- The Chronicle of Higher Education reports that Spellings expects the law to “send a chill” through UNC schools, creating a barrier to recruitment, and several schools are already facing backlash from donors rethinking donations, businesses considering severing ties, and conferences losing attendees who refuse to travel to the state.
- The American Civil Liberties Union, which is among those challenging the law’s constitutionality, expressed disappointment with UNC's plans to comply with its provisions, and Spellings’ letter to chancellors was interpreted as her tacit support for it — though she said the system would not put any enforcement measures in place.
Dive Insight:
Private colleges in North Carolina are not subject to the legislature’s new law, and Duke University is among those that have spoken out against it. The situation is not unlike circumstances in Texas, where public colleges are being forced to allow concealed carry in campus buildings because of legislative changes while private colleges have the right to opt out. Every single private college in Texas has opted out of the “campus carry” provisions.
While (most) public colleges benefit from access to state money for at least a portion of their operations, in many states, their hands are tied by unfunded mandates and reams of regulations. The University of Wisconsin System tried to negotiate more autonomy for absorbing a massive proposed budget cut, but in the end, a slightly smaller cut came with no freedom from regulation. The competitive consequences in Texas, North Carolina, and other states could be severe.