Text: HF02028                           Text: HF02030
Text: HF02000 - HF02099                 Text: HF Index
Bills and Amendments: General Index     Bill History: General Index

House File 2029

Partial Bill History

Bill Introduced: H.J. 14
Complete Bill History

Bill Text

PAG LIN
  1  1    Section 1.  Section 8.29, unnumbered paragraph 4, Code
  1  2 1995, is amended to read as follows:
  1  3    The state board of regents, with the approval of the
  1  4 director of the department of management, shall establish a
  1  5 uniform budgeting and accounting system for the institutions
  1  6 of higher education under its control listed in section 262.7,
  1  7 subsections 1, 2, and 3, and shall require each of the
  1  8 institutions of higher education to begin operating operate
  1  9 under the uniform system not later than June 30, 1994.
  1 10    Sec. 2.  Section 15.108, subsection 3, paragraph a,
  1 11 subparagraph (1), Code 1995, is amended to read as follows:
  1 12    (1)  Provide the mechanisms to promote and facilitate the
  1 13 coordination of management and technical assistance services
  1 14 to Iowa businesses and industries and to communities by the
  1 15 department, by the community colleges, and by the state board
  1 16 of regents institutions, including the small business
  1 17 development centers, the center for industrial research and
  1 18 service, and extension activities.  In order to achieve this
  1 19 goal, the department may establish periodic meetings with
  1 20 representatives from the community colleges and the state
  1 21 board of regents institutions to develop this coordination.
  1 22 The community colleges and the state board of regents
  1 23 institutions shall cooperate with the department in seeking to
  1 24 avoid duplication of economic development services through
  1 25 greater coordinating efforts in the utilization of space,
  1 26 personnel, and materials and in the development of referral
  1 27 and outreach networks.  The department shall annually report
  1 28 on the degree to which economic development activities have
  1 29 been coordinated and the degree to which there are future
  1 30 coordination needs, and the community colleges and the state
  1 31 board of regents institutions shall be given an opportunity to
  1 32 review and comment on this report prior to its printing or
  1 33 release.  The department shall also establish a registry of
  1 34 applications for federal funds related to management and
  1 35 technical assistance programs.
  2  1    Sec. 3.  Section 15.108, subsection 4, paragraph e, Code
  2  2 1995, is amended to read as follows:
  2  3    e.  To the extent deemed feasible and in coordination with
  2  4 the board of regents and the area community colleges, work to
  2  5 establish a conversational foreign language training program.
  2  6    Sec. 4.  Section 15.108, subsection 7, paragraph c,
  2  7 subparagraph (4), Code 1995, is amended to read as follows:
  2  8    (4)  The director, in conjunction with the director of the
  2  9 department of management and jointly with the universities and
  2 10 community colleges under the jurisdiction of the state board
  2 11 of regents, and the community colleges, shall develop and make
  2 12 available in all areas of the state, programs to offer and
  2 13 deliver concentrated, in-depth advice and services to assist
  2 14 targeted small businesses.  The advice and services shall
  2 15 extend to all areas of business management in its practical
  2 16 application, including but not limited to accounting,
  2 17 engineering, drafting, grant writing, obtaining financing,
  2 18 locating bond markets, market analysis, and projections of
  2 19 profit and loss.
  2 20    Sec. 5.  Section 15.251, subsection 1, Code 1995, is
  2 21 amended to read as follows:
  2 22    1.  Under the terms of section 123 of the Job Training
  2 23 Partnership Act of 1982, Pub. L. No. 97-300, the department
  2 24 and the department of education state board of regents shall
  2 25 enter into a cooperative agreement as a condition to providing
  2 26 funds under that section.
  2 27    Sec. 6.  Section 15E.155, subsections 17 and 18, Code 1995,
  2 28 are amended to read as follows:
  2 29    17.  To broker relationships furthering the mission of the
  2 30 foundation among state board of regents institutions of higher
  2 31 education, community colleges listed in section 262.7,
  2 32 subsections 1, 2, 3, and 8, and private colleges and
  2 33 universities and private investors, entrepreneurs, and
  2 34 executives of existing businesses.
  2 35    18.  To promote communication, inventory resources, and
  3  1 assist in the coordination of business and technology
  3  2 assistance activities of state board of regents institutions,
  3  3 community colleges, and private colleges and universities with
  3  4 the private sector, the department of economic development,
  3  5 and local and regional economic development groups.
  3  6    Sec. 7.  Section 19B.8, Code 1995, is amended to read as
  3  7 follows:
  3  8    19B.8  SANCTIONS.
  3  9    The department of management may impose appropriate
  3 10 sanctions on individual state agencies, including the state
  3 11 board of regents and its institutions, and upon a community
  3 12 college, an area education agency, or school district, in
  3 13 order to ensure compliance with state programs emphasizing
  3 14 equal opportunity through affirmative action, contract
  3 15 compliance policies, and requirements for procurement goals
  3 16 for targeted small businesses.
  3 17    Sec. 8.  Section 19B.11, Code 1995, is amended to read as
  3 18 follows:
  3 19    19B.11  SCHOOL DISTRICTS, AND AREA EDUCATION AGENCIES, AND
  3 20 COMMUNITY COLLEGES &endash; DUTIES OF DIRECTOR OF DEPARTMENT OF
  3 21 EDUCATION.
  3 22    1.  It is the policy of this state to provide equal
  3 23 opportunity in school district, and area education agency, and
  3 24 community college employment to all persons.  An individual
  3 25 shall not be denied equal access to school district, or area
  3 26 education agency, or community college employment
  3 27 opportunities because of race, creed, color, religion,
  3 28 national origin, sex, age, or physical or mental disability.
  3 29 It also is the policy of this state to apply affirmative
  3 30 action measures to correct deficiencies in school district,
  3 31 and area education agency, and community college employment
  3 32 systems where those remedies are appropriate.  This policy
  3 33 shall be construed broadly to effectuate its purposes.
  3 34    2.  The director of the department of education shall
  3 35 actively promote fair employment practices for all school
  4  1 district, and area education agency, and community college
  4  2 employees and the state board of education shall adopt rules
  4  3 requiring specific steps by school districts, and area
  4  4 education agencies, and community colleges to accomplish the
  4  5 goals of equal employment opportunity and affirmative action
  4  6 in the recruitment, appointment, assignment, and advancement
  4  7 of personnel.  Each school district, and area education
  4  8 agency, and community college shall be required to develop
  4  9 affirmative action standards which are based on the population
  4 10 of the community in which it functions, the student population
  4 11 served, or the persons who can be reasonably recruited.  The
  4 12 director of education shall consult with the department of
  4 13 personnel in the performance of duties under this section.
  4 14    3.  Each school district, and area education agency, and
  4 15 community college in the state shall submit to the director of
  4 16 the department of education an annual report of the
  4 17 accomplishments and programs of the district, or agency, or
  4 18 community college in carrying out its duties under this
  4 19 section.  The report shall be submitted between December 15
  4 20 and December 31 each year.  The director shall prescribe the
  4 21 form and content of the report.
  4 22    4.  The director of the department of education shall
  4 23 prepare a compilation of the reports required by subsection 3
  4 24 and shall submit this compilation, together with a report of
  4 25 the director's accomplishments and programs pursuant to this
  4 26 section, to the department of management by January 31 of each
  4 27 year.
  4 28    Sec. 9.  Section 20.17, subsection 11, Code 1995, is
  4 29 amended to read as follows:
  4 30    11.  a.  In the absence of an impasse agreement negotiated
  4 31 pursuant to section 20.19 which provides for a different
  4 32 completion date, public employees represented by a certified
  4 33 employee organization who are teachers licensed under chapter
  4 34 272 and who are employed by a public employer which is a
  4 35 school district or area education agency shall complete the
  5  1 negotiation of a proposed collective bargaining agreement not
  5  2 later than May 31 of the year when the agreement is to become
  5  3 effective.  The board shall provide, by rule, a date on which
  5  4 impasse items in such cases must be submitted to binding
  5  5 arbitration and for such other procedures as deemed necessary
  5  6 to provide for the completion of negotiations of proposed
  5  7 collective bargaining agreements not later than May 31.  The
  5  8 date selected for the mandatory submission of impasse items to
  5  9 binding arbitration in such cases shall be sufficiently in
  5 10 advance of May 31 to ensure that the arbitrators' decision can
  5 11 be reasonably made before May 31.
  5 12    b.  If the public employer is a community college, the
  5 13 following apply:
  5 14    (1)  The negotiation of a proposed collective bargaining
  5 15 agreement shall be complete not later than May 31 of the year
  5 16 when the agreement is to become effective, absent the
  5 17 existence of an impasse agreement negotiated pursuant to
  5 18 section 20.19 which provides for a different completion date.
  5 19 The board shall adopt rules providing for a date on which
  5 20 impasse items in such cases must be submitted to binding
  5 21 arbitration and for procedures for the completion of
  5 22 negotiations of proposed collective bargaining agreements not
  5 23 later than May 31.  The date selected for the mandatory
  5 24 submission of impasse items to binding arbitration in such
  5 25 cases shall be sufficiently in advance of May 31 to ensure
  5 26 that the arbitrators' decision can be reasonably made by May
  5 27 31.
  5 28    (2)  Notwithstanding the provisions of subparagraph (1),
  5 29 the May 31 deadline may be waived by mutual agreement of the
  5 30 parties to the collective bargaining agreement negotiations.
  5 31    Sec. 10.  Section 20.20, Code 1995, is amended to read as
  5 32 follows:
  5 33    20.20  MEDIATION.
  5 34    In the absence of an impasse agreement negotiated pursuant
  5 35 to section 20.19 or the failure of either party to utilize its
  6  1 procedures, one hundred twenty days prior to the certified
  6  2 budget submission date, or one hundred twenty days prior to
  6  3 May 31 of the year when the collective bargaining agreement is
  6  4 to become effective if public employees represented by the
  6  5 employee organization are teachers licensed under chapter 272
  6  6 and the public employer is a school district or area education
  6  7 agency, the board shall, upon the request of either party,
  6  8 appoint an impartial and disinterested person to act as
  6  9 mediator.  If the public employer is a community college, and
  6 10 in the absence of an impasse agreement negotiated pursuant to
  6 11 section 20.19 or the failure of either party to utilize its
  6 12 procedures, one hundred twenty days prior to May 31 of the
  6 13 year when the collective bargaining agreement is to become
  6 14 effective, the board, upon the request of either party, shall
  6 15 appoint an impartial and disinterested person to act as
  6 16 mediator.  It shall be the function of the mediator to bring
  6 17 the parties together to effectuate a settlement of the
  6 18 dispute, but the mediator may not compel the parties to agree.
  6 19    Sec. 11.  Section 20.21, unnumbered paragraph 3, Code 1995,
  6 20 is amended to read as follows:
  6 21    However, the board shall not appoint a fact-finder
  6 22 representative of the public if the public employees
  6 23 represented by a certified employee organization are teachers
  6 24 licensed under chapter 272 and the public employer is a school
  6 25 district, community college, or area education agency.  The
  6 26 board shall adopt rules regarding the time period after
  6 27 mediation when binding arbitration procedures must begin for
  6 28 teachers exempt from this section.
  6 29    Sec. 12.  Section 73.16, subsection 2, unnumbered paragraph
  6 30 2, Code 1995, is amended to read as follows:
  6 31    A community college, Each area education agency, or and
  6 32 school district shall establish a procurement goal from
  6 33 certified targeted small businesses, identified pursuant to
  6 34 section 10A.104, subsection 8, of at least ten percent of the
  6 35 value of anticipated procurements of goods and services
  7  1 including construction, but not including utility services,
  7  2 each fiscal year.
  7  3    Sec. 13.  Section 256.3, unnumbered paragraph 3, Code
  7  4 Supplement 1995, is amended to read as follows:
  7  5    Three of the state State board members shall be members of
  7  6 the general public and have substantial knowledge related to
  7  7 the community college education system.  The remaining six
  7  8 members shall be members of the general public.
  7  9    Sec. 14.  Section 256.7, unnumbered paragraph 1, Code 1995,
  7 10 is amended to read as follows:
  7 11    Except for the college student aid commission and the
  7 12 public broadcasting board and division, the state board shall:
  7 13    Sec. 15.  Section 256.7, subsection 7, unnumbered paragraph
  7 14 1, Code 1995, is amended to read as follows:
  7 15    Adopt rules under chapter 17A for the use of
  7 16 telecommunications as an instructional tool for students
  7 17 enrolled in kindergarten through grade twelve and served by
  7 18 local school districts, accredited or approved nonpublic
  7 19 schools, area education agencies, community colleges,
  7 20 institutions of higher education under the state board of
  7 21 regents, and independent colleges and universities in
  7 22 elementary and secondary school classes and courses.  The
  7 23 rules shall include but need not be limited to rules relating
  7 24 to programs, educational policy, instructional practices,
  7 25 staff development, use of pilot projects, curriculum
  7 26 monitoring, and the accessibility of licensed teachers.
  7 27    Sec. 16.  Section 256.7, subsection 14, Code 1995, is
  7 28 amended by striking the subsection.
  7 29    Sec. 17.  Section 256.9, unnumbered paragraph 1, Code 1995,
  7 30 is amended to read as follows:
  7 31    Except for the college student aid commission and the
  7 32 public broadcasting board and division, the director shall:
  7 33    Sec. 18.  Section 256.9, subsections 40 and 42, Code 1995,
  7 34 are amended by striking the subsections.
  7 35    Sec. 19.  Section 256.9, subsection 41, Code 1995, is
  8  1 amended to read as follows:
  8  2    41.  Explore, in conjunction with the state board of
  8  3 regents, the need for coordination between school districts,
  8  4 area education agencies, and regents institutions, and
  8  5 community colleges for purposes of delivery of courses, use of
  8  6 telecommunications, transportation, and other similar issues.
  8  7 Coordination may include, but is not limited to, coordination
  8  8 of calendars, programs, schedules, or telecommunications
  8  9 emissions.
  8 10    Sec. 20.  Section 256.62, subsection 2, unnumbered
  8 11 paragraph 1, Code 1995, is amended to read as follows:
  8 12    A representative who serves as a member on the board of
  8 13 directors for a community college president, or the community
  8 14 college president's designee.
  8 15    Sec. 21.  Section 256.62, unnumbered paragraph 2, Code
  8 16 1995, is amended to read as follows:
  8 17    The nonvoting members shall serve at the pleasure of the
  8 18 director.  The appointed members representative from an area
  8 19 education agency shall cease to be members a member if they
  8 20 the representative is no longer are employed by an area
  8 21 education agency or no longer serve as a member on a community
  8 22 college board of directors.  Sections 256.63 and 256.64 do not
  8 23 apply to the appointed nonvoting members of the regional
  8 24 boards of library trustees.
  8 25    Sec. 22.  Section 256.84, subsection 3, Code 1995, is
  8 26 amended to read as follows:
  8 27    3.  This section does not prohibit institutions under the
  8 28 state board of regents and, including community colleges,
  8 29 under the department of education from owning, operating,
  8 30 improving, maintaining, and restructuring educational radio
  8 31 and television stations and transmitters now in existence or
  8 32 other educational narrowcast telecommunications systems and
  8 33 services.  The institutions and schools may enter into
  8 34 agreements with the board for the lease or purchase of
  8 35 equipment and facilities.
  9  1    Sec. 23.  Section 260C.2, subsection 2, Code 1995, is
  9  2 amended to read as follows:
  9  3    2.  "Director Executive director" means the executive
  9  4 director of the department state board of education regents.
  9  5    Sec. 24.  Section 260C.2, subsection 4, Code 1995, is
  9  6 amended to read as follows:
  9  7    4.  "State board" means the state board of education
  9  8 regents.
  9  9    Sec. 25.  Section 260C.4, unnumbered paragraph 1, Code
  9 10 1995, is amended to read as follows:
  9 11    The state board for community colleges shall:
  9 12    Sec. 26.  Section 260C.4, subsection 2, Code 1995, is
  9 13 amended by striking the subsection.
  9 14    Sec. 27.  Section 260C.14, subsections 2, 15, 16, and 17,
  9 15 Code 1995, are amended to read as follows:
  9 16    2.  Have authority to determine tuition rates for
  9 17 instruction.  Tuition for residents of Iowa shall not exceed
  9 18 the lowest tuition rate per semester, or the equivalent,
  9 19 charged by an institution of higher education under the state
  9 20 board of regents listed in section 262.7, subsection 1, 2, or
  9 21 3, for a full-time resident student.  However, except for
  9 22 students enrolled under chapter 261C, if a local school
  9 23 district pays tuition for a resident pupil of high school age,
  9 24 the limitation on tuition for residents of Iowa shall not
  9 25 apply, the amount of tuition shall be determined by the board
  9 26 of directors of the community college with the consent of the
  9 27 local school board, and the pupil shall not be included in the
  9 28 full-time equivalent enrollment of the community college for
  9 29 the purpose of computing general aid to the community college.
  9 30 Tuition for nonresidents of Iowa shall not be less than the
  9 31 marginal cost of instruction of a student attending the
  9 32 college.  A lower tuition for nonresidents may be permitted
  9 33 under a reciprocal tuition agreement between a merged area and
  9 34 an educational institution in another state, if the agreement
  9 35 is approved by the state board.  The board may designate that
 10  1 a portion of the tuition moneys collected from students be
 10  2 used for student aid purposes.
 10  3    15.  By July 1, 1991, develop Adopt a policy which requires
 10  4 oral communication competence of persons who provide
 10  5 instruction to students attending institutions under the
 10  6 control of the board.  The policy shall include a student
 10  7 evaluation mechanism which requires student evaluation of
 10  8 persons providing instruction on at least an annual basis.
 10  9    16.  By July 1, 1991, develop Adopt a policy relating to
 10 10 the teaching proficiency of teaching assistants which provides
 10 11 a teaching proficiency standard, instructional assistance to,
 10 12 and evaluation of persons who provide instruction to students
 10 13 at the higher education institutions under the control of the
 10 14 board.
 10 15    17.  Commencing July 1, 1994, provide Provide for an
 10 16 alternative retirement benefits system, which is issued by or
 10 17 through a nonprofit corporation issuing retirement annuities
 10 18 exclusively to educational institutions and their employees,
 10 19 for persons employed by the community college who are members
 10 20 of the Iowa public employees' retirement system on July 1,
 10 21 1994, or who are new employees, and who elect coverage under
 10 22 the alternative retirement benefits system pursuant to section
 10 23 97B.42, in lieu of continuing or commencing contributions to
 10 24 the Iowa public employees' retirement system.  The system for
 10 25 employee and employer contributions under the alternative
 10 26 system shall be similar to that provided by the state board of
 10 27 regents under the teachers insurance annuity association-
 10 28 college retirement equities fund, except that the employer's
 10 29 annual contribution in dollars shall not exceed the annual
 10 30 contribution in dollars which the employer would contribute if
 10 31 the employee had elected to remain an active member pursuant
 10 32 to the Iowa public employees' retirement system, as set forth
 10 33 in section 97B.11.
 10 34    Sec. 28.  Section 260C.39, unnumbered paragraph 2, Code
 10 35 1995, is amended to read as follows:
 11  1    If the vote is favorable in each merged area, the boards of
 11  2 each area shall proceed to transfer the assets, liabilities,
 11  3 and facilities of the areas to the combined merged area, and
 11  4 shall serve as the acting board of the combined merged area
 11  5 until a new board of directors is elected.  The acting board
 11  6 shall submit to the executive director of the department of
 11  7 education state board a plan for redistricting the combined
 11  8 merged area, and upon receiving approval from the executive
 11  9 director, shall provide for the election of a director from
 11 10 each new district at the next regular school election.  The
 11 11 directors elected from each new district shall determine their
 11 12 terms by lot so that the terms of one-third of the members, as
 11 13 nearly as may be, expire each year.  Election of directors for
 11 14 the combined merged area shall follow the procedures
 11 15 established for election of directors of a merged area.  A
 11 16 combined merged area is subject to all provisions of law and
 11 17 rules governing merged areas.
 11 18    Sec. 29.  Section 260C.46, Code 1995, is amended to read as
 11 19 follows:
 11 20    260C.46  PROGRAM AND ADMINISTRATIVE SHARING.
 11 21    By September 1, 1990, the department The state board shall
 11 22 establish guidelines and an approval process for program
 11 23 sharing agreements and for administrative sharing agreements
 11 24 entered into by two or more community colleges or by a
 11 25 community college and a higher education an institution under
 11 26 the control of the board of regents listed in section 262.7,
 11 27 subsection 1, 2, or 3.  Guidelines established shall be
 11 28 designed to increase student access to programs, enhance
 11 29 educational program offerings throughout the state, and
 11 30 enhance interinstitutional cooperation in program offerings.
 11 31 A community college must submit an application and obtain
 11 32 approval from the department state board in order to become
 11 33 eligible to receive funds from the community college
 11 34 excellence 2000 account under section 260D.14A for an
 11 35 administrative sharing or program sharing agreement.  The
 12  1 application shall describe the sharing agreement, costs, and
 12  2 benefits associated with the sharing proposal.
 12  3    Sec. 30.  Section 260C.47, subsection 1, unnumbered
 12  4 paragraph 1, Code 1995, is amended to read as follows:
 12  5    The state board of education shall establish an
 12  6 accreditation process for community college programs by July
 12  7 1, 1994 1998.  The process shall be jointly developed and
 12  8 agreed upon by the department of education state board and the
 12  9 community colleges.  The state accreditation process shall be
 12 10 integrated with the accreditation process of the north central
 12 11 association of colleges and schools, including the evaluation
 12 12 cycle, the self-study process, and the criteria for
 12 13 evaluation, which shall incorporate the standards for
 12 14 community colleges developed under section 260C.48; and shall
 12 15 identify and make provision for the needs of the state that
 12 16 are not met by the association's accreditation process.  If a
 12 17 joint agreement has not been reached by July 1, 1994, the The
 12 18 approval process provided under section 260C.4, subsection 4
 12 19 Code 1995, shall remain the required accreditation process for
 12 20 community colleges until the state board establishes an
 12 21 accreditation process for community college programs.  For the
 12 22 academic year commencing July 1, 1995 1996, and in succeeding
 12 23 school years, the department of education state board shall
 12 24 use a two-component process for the continued accreditation of
 12 25 community college programs.
 12 26    Sec. 31.  Section 260C.70, Code 1995, is amended to read as
 12 27 follows:
 12 28    260C.70  TEN-YEAR PROGRAM AND TWO-YEAR BONDING ESTIMATE
 12 29 SUBMITTED EACH YEAR.
 12 30    The board of directors of each community college shall
 12 31 prepare and submit to the general assembly, the governor, and
 12 32 the department of education state board a proposed ten-year
 12 33 building program for each institution under the state board's
 12 34 control, including an estimate of the maximum amount of bonds
 12 35 which the state board expects to issue under the provisions of
 13  1 this chapter during each year of the ensuing biennium.  The
 13  2 program and estimate shall be submitted no later than seven
 13  3 days after the convening of each regular annual session of the
 13  4 general assembly.  Before a board of directors can proceed
 13  5 with a project in the building program, the project must be
 13  6 approved by the state board for community colleges, and be a
 13  7 project designed for special programs, special needs of
 13  8 special students, and to meet needs for which privately owned
 13  9 housing is not available.  The building program shall contain
 13 10 a list of the buildings and facilities which are designed to
 13 11 meet the special needs of students attending special programs.
 13 12 The list shall be revised annually, but no project shall be
 13 13 eliminated from the list when bonds have previously been
 13 14 issued by the state board to pay the cost of the project.
 13 15 Each list shall contain an estimate of the cost of each of the
 13 16 buildings and facilities referred to on the list.
 13 17    Sec. 32.  Section 260C.72, subsection 1, paragraph d, Code
 13 18 1995, is amended to read as follows:
 13 19    d.  From the income derived from gifts and bequests made to
 13 20 the institutions under the control of the community college or
 13 21 state board for community colleges for such purposes.
 13 22    Sec. 33.  Section 261.1, Code 1995, is amended by striking
 13 23 the section and inserting in lieu thereof the following:
 13 24    261.1  RULEMAKING &endash; DEFINITIONS.
 13 25    1.  The state board of regents shall adopt rules under
 13 26 chapter 17A, and do such other things as may be necessary and
 13 27 incidental in the administration of this chapter, including
 13 28 the housing, employment, and fixing the compensation and bond
 13 29 of persons required to carry out its functions and
 13 30 responsibilities.
 13 31    2.  For purposes of this chapter, unless the context
 13 32 otherwise requires:
 13 33    a.  "Executive director" means the executive director of
 13 34 the state board of regents.
 13 35    b.  "State board" means the state board of regents.
 14  1    Sec. 34.  Section 261.85, unnumbered paragraph 2, Code
 14  2 Supplement 1995, is amended to read as follows:
 14  3    From moneys appropriated in this section, one million five
 14  4 hundred thousand dollars shall be allocated to institutions of
 14  5 higher education under the state board of regents and
 14  6 community colleges and the remaining dollars appropriated in
 14  7 this section shall be allocated by the commission on the basis
 14  8 of need as determined by the portion of the federal formula
 14  9 for distribution of work study funds that relates to the
 14 10 current need of institutions.
 14 11    Sec. 35.  Section 262.1, Code 1995, is amended to read as
 14 12 follows:
 14 13    262.1  MEMBERSHIP.
 14 14    The state board of regents consists of nine members, eight
 14 15 of whom shall be selected from the state at large solely with
 14 16 regard to their qualifications and fitness to discharge the
 14 17 duties of the office.  The ninth member shall be a student
 14 18 enrolled on a full-time basis in good standing at either the
 14 19 graduate or undergraduate level at one of the institutions
 14 20 listed in section 262.7, subsection 1, 2, or 3, or 8, at the
 14 21 time of the member's appointment.  Not more than five members
 14 22 shall be of the same political party.
 14 23    Sec. 36.  Section 262.7, Code 1995, is amended by adding
 14 24 the following new subsection:
 14 25    NEW SUBSECTION.  8.  The community colleges pursuant to
 14 26 chapter 260C.
 14 27    Sec. 37.  Section 262.9, subsections 18 and 25, Code
 14 28 Supplement 1995, are amended to read as follows:
 14 29    18.  Not less than thirty days prior to action by the board
 14 30 on any proposal to increase tuition, fees, or charges at one
 14 31 or more of the institutions of higher education under its
 14 32 control listed in section 262.7, subsection 1, 2, or 3, send
 14 33 written notification of the amount of the proposed increase
 14 34 including a copy of the proposed tuition increase docket
 14 35 memorandum prepared for its consideration to the presiding
 15  1 officers of the student government organization of the
 15  2 affected institutions.  The final decision on an increase in
 15  3 tuition or mandatory fees charged to all students at an
 15  4 institution for a fiscal year shall be made no later than the
 15  5 regular meeting held in November of the preceding fiscal year
 15  6 and shall be reflected in a final docket memorandum that
 15  7 states the estimated total cost of attending each of the
 15  8 institutions of higher education under the board's control
 15  9 listed in section 262.7, subsections 1, 2, and 3.  The regular
 15 10 meeting held in November shall be held in Ames, Cedar Falls,
 15 11 or Iowa City and shall not be held during the period in which
 15 12 classes have been suspended for Thanksgiving vacation.
 15 13    25.  Develop a policy relating to the teaching proficiency
 15 14 of teaching assistants which provides a teaching proficiency
 15 15 standard, instructional assistance to, and evaluation of
 15 16 persons who provide instruction to students at the higher
 15 17 education institutions under the control of the board listed
 15 18 in section 262.7, subsections 1, 2, and 3.
 15 19    Sec. 38.  Section 262.9, Code Supplement 1995, is amended
 15 20 by adding the following new subsections:
 15 21    NEW SUBSECTION.  30.  Adopt rules which require each
 15 22 community college which establishes a new jobs training
 15 23 project or projects and receives funds derived from or
 15 24 associated with the project or projects to establish a
 15 25 separate account to act as a repository for any funds received
 15 26 and to report annually, by January 15, to the general assembly
 15 27 on funds received and disbursed during the preceding fiscal
 15 28 year in the form required by the department.
 15 29    NEW SUBSECTION.  31.  Develop an application and review
 15 30 process for the identification of quality instructional
 15 31 centers at the community colleges.  The process developed
 15 32 shall include but is not limited to the development of
 15 33 criteria for the identification of a quality instructional
 15 34 center as well as for the enhancement of other program
 15 35 offerings in order to upgrade programs to quality
 16  1 instructional center status.  Criteria established shall be
 16  2 designed to increase student access to programs, establish
 16  3 high quality occupational and vocational education programs,
 16  4 and enhance interinstitutional cooperation in program
 16  5 offerings.
 16  6    NEW SUBSECTION.  32.  Develop an application and review
 16  7 process for approval of administrative and program sharing
 16  8 agreements between two or more community colleges or a
 16  9 community college and an institution of higher education under
 16 10 the control of the board of regents entered into pursuant to
 16 11 section 262.34C.
 16 12    Sec. 39.  Section 262.20, Code 1995, is amended to read as
 16 13 follows:
 16 14    262.20  BUSINESS OFFICES &endash; VISITATION.
 16 15    A business office shall be maintained at each of the
 16 16 institutions of higher learning listed in section 262.7,
 16 17 subsections 1, 2, and 3, with such organizations, powers and
 16 18 duties as the board may prescribe and delegate.
 16 19    Sec. 40.  NEW SECTION.  262.34C  PROGRAM AND ADMINISTRATIVE
 16 20 SHARING.
 16 21    By September 1, 1996, the state board shall establish
 16 22 guidelines and an approval process for program sharing
 16 23 agreements and for administrative sharing agreements entered
 16 24 into by two or more community colleges or by a community
 16 25 college and an institution under the control of the board of
 16 26 regents listed in section 262.7, subsection 1, 2, or 3.
 16 27 Guidelines established shall be designed to increase student
 16 28 access to programs, enhance educational program offerings
 16 29 throughout the state, and enhance interinstitutional
 16 30 cooperation in program offerings.  A community college must
 16 31 submit an application and obtain approval from the department
 16 32 in order to become eligible to receive funds from the
 16 33 community college excellence 2000 account under section
 16 34 260D.14A for an administrative sharing or program sharing
 16 35 agreement.  The application shall describe the sharing
 17  1 agreement, costs, and benefits associated with the sharing
 17  2 proposal.
 17  3    Sec. 41.  NEW SECTION.  262.34D  COMMUNITY COLLEGE COUNCIL.
 17  4    1.  A community college council is established consisting
 17  5 of six members.  Membership of the council shall be as
 17  6 follows:
 17  7    a.  Three members of the state board of regents who have
 17  8 knowledge of issues and concerns affecting the community
 17  9 college system.
 17 10    b.  An additional member of the state board of regents
 17 11 appointed annually by the president of the state board of
 17 12 regents.
 17 13    c.  A community college president appointed by an
 17 14 association which represents the largest number of community
 17 15 college presidents in the state.
 17 16    d.  A community college trustee appointed by an association
 17 17 which represents the largest number of community college
 17 18 trustees in the state.
 17 19    2.  The nonboard members shall serve staggered terms of
 17 20 three years beginning on May 1 of the year of appointment.
 17 21 Vacancies on the council shall be filled in the same manner as
 17 22 the original appointment.  A person appointed to fill a
 17 23 vacancy shall commence service on the date of appointment and
 17 24 shall serve only for the unexpired portion of the term.
 17 25    3.  The council shall assist the state board of regents
 17 26 with substantial issues directly related to the community
 17 27 college system.  The state board of regents shall refer all
 17 28 substantial issues directly related to the community college
 17 29 system to the council.  The council shall formulate
 17 30 recommendations on each issue referred to it by the state
 17 31 board and shall submit the recommendations to the state board
 17 32 within any specified time periods.
 17 33    4.  The council shall meet on a regular basis and at the
 17 34 call of the chairperson or upon the written request to the
 17 35 chairperson of two or more members.
 18  1    5.  The members of the council shall be paid a per diem as
 18  2 specified in section 7E.6, and their reasonable and necessary
 18  3 expenses.
 18  4    Sec. 42.  Section 262.92, subsection 3, Code 1995, is
 18  5 amended to read as follows:
 18  6    3.  The board of regents shall adopt rules to establish
 18  7 program guidelines for the universities under the board's
 18  8 control and for the administration and coordination of program
 18  9 efforts.  Rules adopted shall include methods of recording
 18 10 data relating to voucher recipients and making the data
 18 11 available to the college student aid commission.
 18 12    Sec. 43.  Section 262.93, Code 1995, is amended to read as
 18 13 follows:
 18 14    262.93  REPORTS TO GENERAL ASSEMBLY.
 18 15    The college student aid commission and the state board of
 18 16 regents each shall submit, by January 1 of each year, a report
 18 17 on the progress and implementation of the programs which they
 18 18 administer the board administers under sections 261.102
 18 19 through 261.105, 262.82, and 262.92.  The reports shall
 18 20 include, but are not limited to, the numbers of students
 18 21 participating in the programs and allocation of funds
 18 22 appropriated for the programs.
 18 23    Sec. 44.  Section 272.33, unnumbered paragraph 2, Code
 18 24 1995, is amended to read as follows:
 18 25    By July 1, 1990, the The board of educational examiners
 18 26 shall adopt rules establishing requirements for an evaluator
 18 27 license including but not limited to renewal requirements,
 18 28 fees, and suspension and revocation of evaluator licenses.  An
 18 29 approved program shall include provisions for determining that
 18 30 an applicant for an evaluator license has satisfactorily
 18 31 completed the program.  The state board of education shall
 18 32 work with institutions of higher education under the state
 18 33 board of regents, private colleges and universities, community
 18 34 colleges, and area education agencies to ensure that the
 18 35 courses required under subsection 1 are offered throughout the
 19  1 state at convenient times and at reasonable cost.  The
 19  2 requirements shall include completion of a program approved by
 19  3 the state board of education as follows:
 19  4    Sec. 45.  DESIGNATION SUBSTITUTION.  Sections 260C.5, with
 19  5 the exception of subsection 2; 260C.28; and 260C.38, Code
 19  6 1995, are amended as follows:
 19  7    1.  By striking the word "director" and inserting in lieu
 19  8 thereof the words "executive director".
 19  9    2.  By striking the words "department of education" and
 19 10 inserting in lieu thereof the words "state board".
 19 11    Sec. 46.  DESIGNATION SUBSTITUTION.  Sections 7A.4; 7E.7;
 19 12 261.9, except for subsection 1, paragraph e, subparagraph (8);
 19 13 261.15; 261.16; 261.17; 261.18; 261.19; 261.19A; 261.19B;
 19 14 261.20; 261.35; 261.36; 261.37; 261.38; 261.39; 261.41;
 19 15 261.43; 261.44; 261.45; 261.48; 261.52A; 261.54; 261.81A;
 19 16 261.82; 261.83; 261.84; 261.92, except for subsection 1,
 19 17 paragraph b, subparagraph (8); 261.93A; 261.96; 261.97;
 19 18 261.102; 261.103; 261.104; 261.105; 261A.5; and 714.25, Code
 19 19 1995, 135.107; 261.2; 261.12; 261.25; 261.81; 261.85; and
 19 20 421.17, Code Supplement 1995, are amended as follows:
 19 21    1.  By striking the words "college student aid commission"
 19 22 and inserting in lieu thereof the words "state board of
 19 23 regents".
 19 24    2.  By striking the word "commission" and inserting in lieu
 19 25 thereof the words "state board".
 19 26    3.  By striking the words "Iowa college student aid
 19 27 commission" and inserting in lieu thereof the words "state
 19 28 board of regents".
 19 29    Sec. 47.  CODE EDITOR.  The Code editor is directed to
 19 30 reassign chapter 261 as amended by this Act, to a subchapter
 19 31 under chapter 262.
 19 32    Sec. 48.  REPEAL.  Sections 256.31, 260C.3, 260C.6, 261.1,
 19 33 261.3, and 261.4, Code 1995, are repealed.  
 19 34                           EXPLANATION
 19 35    This bill transfers the authority the department of
 20  1 education has over the community colleges to the state board
 20  2 of regents.  Duties required of the director of the department
 20  3 of education relating to the community colleges are placed
 20  4 with the executive director of the state board of regents.
 20  5 The bill also repeals the section creating the college student
 20  6 aid commission and confers upon the state board of regents all
 20  7 authority and responsibility currently held by the commission
 20  8 for the administration of college student aid.  The bill makes
 20  9 conforming technical changes, and directs the Code editor to
 20 10 reassign sections relating to college student aid to a
 20 11 subchapter of chapter 262, relating to the state board of
 20 12 regents.  
 20 13 LSB 3041YH 76
 20 14 kh/cf/24.1

Text: HF02028                           Text: HF02030
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