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