CHAPTER 21
APPROVAL OF POSTSECONDARY SCHOOLS
283—21.1(261B) Advisory committee on postsecondary registration. The advisory committee on postsecondary registration examines out-of-state college and university applications for operation in Iowa and makes recommendations to the commission.
	21.1(1) The six-member committee is appointed annually by the Iowa college student aid commission and includes one representative from each of the following:
	a. 	The state board of regents.
	b. 	The department of education.
	c. 	The office of the secretary of state.
	d. 	The office of the attorney general.
	e. 	A community college located in this state.
	f. 	An accredited private postsecondary institution as defined in Iowa Code section 261.9, subsection 1, incorporated or otherwise organized under the laws of this state.
	21.1(2) The committee shall meet as needed. Meetings may be called by commission staff or upon request of a majority of committee members. A nonvoting staff member shall preside as chairperson at the meetings.
	21.1(3) The commission shall give advance public notice of the time and place of each meeting by posting the notice to the commission’s Web site. The notice will include the specific date, time, and place of the meeting and the proposed agenda.
	21.1(4) A quorum shall consist of two-thirds of the voting members of the committee. When a quorum is present, a position is carried by an affirmative vote of the majority of committee members eligible to vote.
	21.1(5) The committee may consider comments of the Iowa coordinating council for post high school education that are received by the commission within 90 days of the filing of the application.
	21.1(6) A specific time is set aside at each meeting for the public to address the committee. As a general guideline, a limit of five minutes will be allocated for each of these presentations. If a large group seeks to address a specific issue, the chairperson may limit the number of speakers. Members of the public who wish to address the committee during this portion of the meeting are required to submit a request to the executive director prior to the meeting. The person’s name and the subject of the person’s remarks must be noted. To accommodate maximum public participation, members of the public are encouraged to submit the request at least 72 hours in advance of the meeting. Members of the public who fail to submit a request may be recognized at the discretion of the presiding chairperson.
	21.1(7) A report of all committee meetings will be provided to the commission at its next regularly scheduled meeting.
283—21.2(261B) Approval criteria. The college student aid commission shall approve applicant schools that:
	1.	Are accredited by an agency recognized by the United States Department of Education Accrediting Agency Evaluation Unit or its successor agency.
	2.	Are approved for operation by the appropriate state agencies in all other states in which the schools operate or maintain a presence.
	3.	Are not subject to a limitation, suspension or termination order issued by the United States Department of Education or its successor agency.
	4.	Are free of sanctions from the schools’ accrediting agencies and appropriate state agencies in all other states in which the schools operate or maintain a presence.
	5.	Enroll students who attend classes in Iowa and employ at least one full-time Iowa faculty member or program coordinator devoted to Iowa students who has graduate degrees, special training, experience, creative production or other accomplishments or distinctions that qualify them for their specific assignments.
	6.	Comply with Iowa Code section 261B.7 limiting the use of references to the secretary of state, state of Iowa, or college student aid commission in promotional material.
	7.	Comply with the requirements of Iowa Code section 261.9(1)“e” to “h.”
	8.	File annual reports that the commission requires from all Iowa colleges and universities.
	9.	Demonstrate financial viability by providing a copy of the institution’s most recent audit prepared by a certified public accounting firm no more than 12 months prior to the application and that provides an unqualified opinion.
	10.	Provide students with access to learning resources, including appropriate library and other support services requisite for the schools’ degree programs.
	11.	Provide evidence that faculty within an appropriate discipline are involved in developing and evaluating curriculum for the program(s) being registered in Iowa.
	12.	Demonstrate that the schools have adequate physical facilities that are appropriate for the program(s) being offered and are located in Iowa.
	13.	Include a statement, signed by the chief executive officer of the applicant school, demonstrating the institution’s commitment to the delivery of programs located in Iowa, and agreeing to provide alternatives for students to complete their programs at the same or other institutions if the applicant school closes the program before students have completed their courses of study.
These rules are intended to implement Iowa Code chapters 261 and 261B.
[Filed 9/29/00, Notice 8/9/00—published 10/18/00, effective 11/22/00]
[Filed 8/30/02, Notice 4/17/02—published 9/18/02, effective 10/23/02]
[Filed 1/30/03, Notice 11/13/02—published 2/19/03, effective 3/26/03]
[Filed 1/24/04, Notice 10/29/03—published 2/18/04, effective 3/24/04]1
[Filed 3/24/05, Notice 1/5/05—published 4/13/05, effective 5/18/05]
1	Effective date of 3/24/04 delayed 70 days by the Administrative Rules Review Committee at its meeting held March 8, 2004.