House File 141 - Introduced



                                      HOUSE FILE       
                                      BY  STRUYK, WINDSCHITL, LUKAN,
                                          PETTENGILL, SCHULTZ, ALONS,
                                          DRAKE, RAYHONS, and HORBACH


    Passed House,  Date               Passed Senate, Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act requiring students at state postsecondary institutions to
  2    provide proof of legal status, reducing funding for state
  3    postsecondary institutions that enroll students without such
  4    proof, and providing an applicability date.
  5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  6 TLSB 1507YH 83
  7 kh/rj/8

PAG LIN



  1  1    Section 1.  Section 260C.14, Code 2009, is amended by
  1  2 adding the following new subsection:
  1  3    NEW SUBSECTION.  23.  Require an individual who submits an
  1  4 application for admission to the community college to provide
  1  5 proof of United States citizenship or proof that the
  1  6 individual is lawfully present in the United States.  An
  1  7 individual who cannot provide such proof shall not be admitted
  1  8 by the community college as a student.  The department of
  1  9 education, in consultation with the legislative services
  1 10 agency, shall annually calculate the education funding per
  1 11 student for community colleges.  State assistance to a
  1 12 community college for a fiscal year shall be reduced by the
  1 13 education funding per student amount calculated for community
  1 14 colleges multiplied by the number of students enrolled in the
  1 15 community college in the prior fiscal year who failed to
  1 16 provide proof as required by this subsection.  This subsection
  1 17 does not apply to students who are taking courses offered by
  1 18 the community college under the provisions of section 257.11
  1 19 or section 261E.6.
  1 20    Sec. 2.  Section 262.9, Code 2009, is amended by adding the
  1 21 following new subsection:
  1 22    NEW SUBSECTION.  32.  Direct each of the institutions of
  1 23 higher education under the board's control to require an
  1 24 individual who submits an application for admission to the
  1 25 institution to provide proof of United States citizenship or
  1 26 proof that the individual is lawfully present in the United
  1 27 States.  An individual who cannot provide such proof shall not
  1 28 be admitted by the institution as a student.  The department
  1 29 of management, in consultation with the legislative services
  1 30 agency, shall annually calculate the education funding per
  1 31 student for each regents university.  State assistance to an
  1 32 institution for a fiscal year shall be reduced by the
  1 33 education funding per student amount calculated for the
  1 34 institution multiplied by the number of students enrolled in
  1 35 the institution in the prior fiscal year who failed to provide
  2  1 proof as required by this subsection.  This subsection does
  2  2 not apply to students who are taking courses offered by the
  2  3 institution under the provisions of section 261E.6.
  2  4    Sec. 3.  APPLICABILITY.  Notwithstanding section 260C.14,
  2  5 subsection 23, as enacted by this Act, and section 262.9,
  2  6 subsection 32, as enacted by this Act, state assistance to an
  2  7 institution shall not be reduced as provided in those
  2  8 subsections on the basis of students who were enrolled in a
  2  9 community college or regents university on or before July 1,
  2 10 2009.
  2 11                           EXPLANATION
  2 12    This bill requires community colleges and regents
  2 13 universities to require that applicants for admission provide
  2 14 proof of United States citizenship or proof that the
  2 15 individual is lawfully present in the United States.  An
  2 16 individual who cannot provide such proof shall not be admitted
  2 17 as a student.
  2 18    State assistance to a community college or regents
  2 19 university shall be reduced by the education funding per
  2 20 student amount calculated by the department of education, or
  2 21 the department of management, as applicable, in consultation
  2 22 with the legislative services agency, for community colleges,
  2 23 or regents universities as applicable, multiplied by the
  2 24 number of students enrolled in the institution in the prior
  2 25 fiscal year who failed to provide proof of legal status.
  2 26    The provisions do not apply to high school students taking
  2 27 courses at a community college or regents university under the
  2 28 postsecondary enrollment options Act; or to high school
  2 29 students taking courses at a community college under
  2 30 district=to=community college sharing, or to high school
  2 31 students taking virtual classes or classes via the Iowa
  2 32 communications network offered by a community college.  The
  2 33 bill also does not apply to students who enrolled in the state
  2 34 postsecondary institutions on or before July 1, 2009.
  2 35 LSB 1507YH 83
  3  1 kh/rj/8.1