262.9  Powers and duties.

The board shall:

1.  Each even-numbered year elect, from its members, a president of the board, who shall serve for two years and until a successor is elected and qualified.

2.  Elect a president of each of the institutions of higher learning; a superintendent of each of the other institutions; a treasurer and a secretarial officer for each institution annually; professors, instructors, officers, and employees; and fix their compensation. Sections 279.12 through 279.19 and section 279.27 apply to employees of the Iowa braille and sight saving school and the state school for the deaf, who are licensed pursuant to chapter 272. In following those sections in chapter 279, the references to boards of directors of school districts shall be interpreted to apply to the board of regents.

3.  Make rules for admission to and for the government of said institutions, not inconsistent with law.

4.  Manage and control the property, both real and personal, belonging to the institutions. The board shall purchase or require the purchase of, when the price is reasonably competitive and the quality as intended, soybean-based inks. All inks purchased that are used internally or are contracted for by the board shall be soybean-based to the extent formulations for such inks are available.

a.  The department of natural resources shall review the procurement specifications currently used by the board to eliminate, wherever possible, discrimination against the procurement of products manufactured with soybean-based inks.

b.  The department of natural resources shall assist the board in locating suppliers of recycled content products and soybean-based inks and collecting data on recycled content and soybean-based ink purchases.

c.  The board, in conjunction with the department of natural resources, shall adopt rules to carry out the provisions of this section.

d.  The department of natural resources shall cooperate with the board in all phases of implementing this section.

5.  The board shall, whenever technically feasible, purchase and use degradable loose foam packing material manufactured from grain starches or other renewable resources, unless the cost of the packing material is more than ten percent greater than the cost of packing material made from nonrenewable resources. For the purposes of this subsection, "packing material" means material, other than an exterior packing shell, that is used to stabilize, protect, cushion, or brace the contents of a package.

6.  Purchase and use recycled printing and writing paper, with the exception of specialized paper when no recyclable product is available, in accordance with the schedule established in section 18.18; establish a wastepaper recycling program for all institutions governed by the board in accordance with recommendations made by the department of natural resources and the requirements of section 18.20; shall, in accordance with the requirements of section 18.6, require product content statements and compliance with requirements regarding procurement specifications; and shall comply with the requirements for the purchase of lubricating oils and industrial oils as established pursuant to section 18.22.

7.  With the approval of the executive council, acquire real estate for the proper uses of said institutions, and dispose of real estate belonging to said institutions when not necessary for their purposes. A disposal of such real estate shall be made upon such terms, conditions and consideration as the board may recommend and subject to the approval of the executive council. If real estate subject to sale hereunder has been purchased or acquired from appropriated funds, the proceeds of such sale shall be deposited with the treasurer of state and credited to the general fund of the state. There is hereby appropriated from the general fund of the state a sum equal to the proceeds so deposited and credited to the general fund of the state to the state board of regents which, with the prior approval of the executive council, may be used to purchase other real estate and buildings, and for the construction and alteration of buildings and other capital improvements. All transfers shall be by state patent in the manner provided by law.

8.  Accept and administer trusts and may authorize nonprofit foundations acting solely for the support of institutions governed by the board to accept and administer trusts deemed by the board to be beneficial. Notwithstanding the provisions of section 633.63, the board and such nonprofit foundations may act as trustee in such instances.

9.  Direct the expenditure of all appropriations made to said institutions, and of any other moneys belonging thereto, but in no event shall the perpetual funds of the Iowa state university of science and technology, nor the permanent funds of the university of Iowa derived under Acts of Congress, be diminished.

10.  Collect the highest rate of interest, consistent with safety, obtainable on daily balances in the hands of the treasurer of each institution.

11.  With consent of the inventor and in the discretion of the board, secure letters patent or copyright on inventions of students, instructors and officials, or take assignment of such letters patent or copyright and may make all necessary expenditures in regard thereto. The letters patent or copyright on inventions when so secured shall be the property of the state, and the royalties and earnings thereon shall be credited to the funds of the institution in which such patent or copyright originated.

12.  Perform all other acts necessary and proper for the execution of the powers and duties conferred by law upon it.

13.  Grant leaves of absence with full or partial compensation to staff members to undertake approved programs of study, research, or other professional activity which in the judgment of the board will contribute to the improvement of the institutions. Any staff member granted such leave shall agree either to return to the institution granting such leave for a period of not less than two years or to repay to the state of Iowa such compensation as the staff member shall have received during such leave.

14.  Lease properties and facilities, either as lessor or lessee, for the proper use and benefit of said institutions upon such terms, conditions, and considerations as the board deems advantageous, including leases with provisions for ultimate ownership by the state of Iowa, and to pay the rentals from funds appropriated to the institution for operating expenses thereof or from such other funds as may be available therefor.

15.  In its discretion employ or retain attorneys or counselors when acting as a public employer for the purpose of carrying out collective bargaining and related responsibilities provided for under chapter 20. This subsection shall supersede the provisions of section 13.7.

The state board of regents may make payment to an attorney or counselor for services rendered prior to July 1, 1978, to the state board of regents in connection with its responsibilities as a public employer pursuant to chapter 20.

16.  In its discretion, adopt rules relating to the classification of students enrolled in institutions of higher education under the board who are residents of Iowa's sister states as residents or nonresidents for fee purposes.

17.  In issuing bonds or notes under this chapter, chapter 262A, chapter 263A, or other provision of law, select and fix the compensation for, through a competitive selection procedure, attorneys, accountants, financial advisors, banks, underwriters, insurers, and other employees and agents which in the board's judgment are necessary to carry out the board's intention. Prior to the initial selection, the board shall establish a procedure which provides for a fair and open selection process including, but not limited to, the opportunity to present written proposals and personal interviews. The board shall maintain a list of firms which have requested to be notified of requests for proposal. The selection criteria shall take into consideration, but are not limited to, compensation, expenses, experience with similar issues, scheduling, ability to provide the services of individuals with specific knowledge in the relevant subject matter and length of engagement. The board may waive the requirements for a competitive selection procedure for any specific employment upon adoption of a resolution of the board stating why the waiver is in the public interest and shall provide the executive council with written notice of the granting of any such waiver.

18.  Not less than thirty days prior to action by the board on any proposal to increase tuition, fees, or charges at one or more of the institutions of higher education under its control, send written notification of the amount of the proposed increase including a copy of the proposed tuition increase docket memorandum prepared for its consideration to the presiding officers of the student government organization of the affected institutions. The final decision on an increase in tuition or mandatory fees charged to all students at an institution for a fiscal year shall be made no later than the regular meeting held in November of the preceding fiscal year and shall be reflected in a final docket memorandum that states the estimated total cost of attending each of the institutions of higher education under the board's control. The regular meeting held in November shall be held in Ames, Cedar Falls, or Iowa City and shall not be held during the period in which classes have been suspended for Thanksgiving vacation.

19.  Adopt policies and procedures for the use of telecommunications as an instructional tool at its institutions. The policies and procedures shall include but not be limited to policies and procedures relating to programs, educational policy, practices, staff development, use of pilot projects, and the instructional application of the technology.

20.  Establish a hall of fame for distinguished graduates at the Iowa braille and sight saving school and at the Iowa school for the deaf.

21.  Assist a nonprofit organization located in Sioux City in the creation of a tristate graduate center, comparable to the quad cities graduate center, located in the quad cities in Iowa. The purpose of the Sioux City graduate center shall be to create graduate education opportunities for students living in northwest Iowa.

22.  Direct the administration of the Iowa minority academic grants for economic success program as established in section 261.101 for the institutions under its control.

23.  Develop a policy and adopt rules relating to the establishment of tuition rates which provide a predictable basis for assessing and anticipating changes in tuition rates.

24.  Develop a policy requiring oral communication competence of persons who provide instruction to students attending institutions under the control of the board. The policy shall include a student evaluation mechanism which requires student evaluation of persons providing instruction on at least an annual basis. However, the board shall establish criteria by which an institution may discontinue annual evaluations of a specific person providing instruction. The criteria shall include receipt by the institution of two consecutive positive annual evaluations from the majority of students evaluating the person.

25.  Develop a policy relating to the teaching proficiency of teaching assistants which provides a teaching proficiency standard, instructional assistance to, and evaluation of persons who provide instruction to students at the higher education institutions under the control of the board.

26.  Explore, in conjunction with the department of education, the need for coordination between school districts, area education agencies, state board of regents institutions, and community colleges for purposes of delivery of courses, use of telecommunications, transportation, and other similar issues. Coordination may include, but is not limited to, coordination of calendars, programs, schedules, or telecommunications emissions. The state board shall develop recommendations as necessary, which shall be submitted in a report to the general assembly on a timely basis.

27.  Develop and implement a written policy, which is disseminated during registration or orientation, addressing the following four areas relating to sexual abuse:

a.  Counseling.

b.  Campus security.

c.  Education, including prevention, protection, and the rights and duties of students and employees of the institution.

d.  Facilitating the accurate and prompt reporting of sexual abuse to the duly constituted law enforcement authorities.

28.  File a copy of the annual report required by the federal Student Right-To-Know and Campus Security Act, Pub. L. No. 101-542, with the division of criminal and juvenile justice planning of the department of human rights, along with a copy of the written policy developed pursuant to subsection 27.

29.  Authorize the institutions of higher learning under the board to charge an interest rate, not to exceed the prime rate plus six percent, on delinquent bills. However, the board shall prohibit the institutions from charging interest on late tuition payments and room and board payments if financial aid payments to students enrolled in the institutions are delayed by the lending institution.

Section History: Early form

  1.  [S13, § 2682-f; C24, 27, 31, 35, 39, § 3921; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, § 262.9]

  2.  [R60, § 1739, 2157, 2158, 2162; C73, § 1614, 1685, 1686, 1690; C97, § 2654, 2676, 2723; S13, § 2682-f; C24, 27, 31, 35, 39, § 3921; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, § 262.9]

  3.  [C97, § 2676; S13, § 2682-f; C24, 27, 31, 35, 39, § 3921; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, § 262.9]

  4.  [S13, § 2682-f; C24, 27, 31, 35, 39, § 3921; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, § 262.9]

  6.  [S13, § 2682-f; C24, 27, 31, 35, 39, § 3921; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, § 262.9]

  7.  [S13, § 2682-f; C24, 27, 31, 35, 39, § 3921; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, § 262.9]

  8.  [C51, § 1017, 1018; R60, § 1938; C73, § 1599, 1617; C97, § 2638, 2666; S13, § 2682-f; C24, 27, 31, 35, 39, § 3921; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, § 262.9]

  9.  [C24, 27, 31, 35, 39, § 3921; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, § 262.9]

  10.  [S13, § 2682-j; C24, 27, 31, 35, 39, § 3921; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, § 262.9]

  11.  [C35, 39, § 3921; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, § 262.9]

  12.  [S13, § 2682-f; C24, 27, 31, 35, 39, § 3921; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, § 262.9]

  13.  [C66, 71, 73, 75, 77, 79, 81, § 262.9]

  14.  [C66, 71, 73, 75, 77, 79, 81, § 262.9]

  15.  [C79, 81, § 262.9]

Section History: Recent form

  86 Acts, ch 1245, § 844; 86 Acts, ch 1246, § 125; 87 Acts, ch 191, § 1; 87 Acts, ch 207, § 6; 87 Acts, ch 233, § 464, 465; 88 Acts, ch 1185, § 2; 88 Acts, ch 1284, § 64; 89 Acts, ch 265, § 40; 89 Acts, ch 272, § 23; 89 Acts, ch 319, § 59; 90 Acts, ch 1237, § 2, 3; 90 Acts, ch 1253, § 24; 91 Acts, ch 29, § 1; 91 Acts, ch 97, § 36; 92 Acts, ch 1095, § 2; 92 Acts, ch 1106, § 2, 4; 92 Acts, ch 1246, § 35; 93 Acts, ch 176, § 39; 94 Acts, ch 1091, §16-20; 94 Acts, ch 1193, §21; 95 Acts, ch 44, § 2; 95 Acts, ch 62, § 3; 96 Acts, ch 1215, § 41-43; 97 Acts, ch 212, §28; 99 Acts, ch 114, §16; 99 Acts, ch 121, §9

Internal References

  Referred to in § 15.108

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