TITLE III
COMMUNITY COLLEGES
CHAPTER 21
COMMUNITY COLLEGES
[Prior to 9/7/88, see Public Instruction Department[670] Ch 5]
[Former Ch 21 Rescinded, IAB 9/7/88]
DIVISION I
APPROVAL STANDARDS
281—21.1(260C) Definitions. For purposes of this chapter, the indicated terms are defined as follows:
“Department” means the Iowa department of education.
“Director” means the director of the department.
[ARC 8646B, IAB 4/7/10, effective 5/12/10]
281—21.2(260C) Administration.
	21.2(1) Policy manual. A community college board of directors shall develop and maintain a policy manual which adequately describes the official policies of the institution.
	21.2(2) Administrative staff. A community college shall develop an administrative staff appropriate to the size and the purpose of the institution and one which permits the institution to function effectively and efficiently. This administrative staff shall provide effective leadership for the major divisions of the institution including administrative services, adult and continuing education, career and technical education, college parallel education, and student services.
	21.2(3) Chief executive officer. A community college shall have a chief executive officer who shall also be the executive officer of the board of directors. The executive officer shall be responsible for the operation of the community college with respect to its educational program, its faculty and student services programs, and the use of its facilities. The executive officer shall delegate to the staff all necessary administrative and supervisory responsibilities to ensure an efficient operation of the institution.
	21.2(4) Financial records and reports. The community college shall maintain accurate financial records and make reports in the form and pursuant to the timeline prescribed by the department and other state agencies.
	21.2(5) Enrollment. A community college shall meet minimum enrollment requirements if it offers instruction as authorized in Iowa Code chapter 260C, and if, to the satisfaction of the state board of education, it is able to provide classes of reasonable economic size as needed by students, meets the needs of the students, and shows by its past and present enrollment and placement record that it meets individual and employment needs.
	21.2(6) Catalog. The catalog shall be the official publication of the community college. It shall include accurate information on institutional policies, admissions requirements, procedures and fees, refund policies, residency requirements, program enrollment and degree requirements, due process procedures, affirmative action, and other information as recommended by the department. Students’ rights and responsibilities may be included in the catalog or in a separate document.
	21.2(7) Admissions and program/course enrollment requirements. The community college shall maintain an open-door admission policy for students of postsecondary age. This admission policy shall recognize that students should demonstrate a reasonable prospect for success in the program in which they are admitted. Applicants who cannot demonstrate a reasonable prospect for success in the program for which they apply should be assisted to enroll in courses where deficiencies may be remediated or into programs appropriate to the individual’s preparation and objectives. The community college may set reasonable requirements for student enrollment in specified programs and courses. Admissions and program enrollment requirements established by each community college shall be published in the community college catalog.
	21.2(8) Academic year. The academic year of the community college shall consist of semester, trimester, or quarter terms, and shall be a period of time beginning with the first day of the fall term and continuing through the day preceding the start of the next fall term as indicated in the official college calendar. A community college may offer instruction in units of length (i.e., days and weeks) consistent with the identified scope and depth of the instructional content.
	21.2(9) Award requirements. The director shall approve all new credit certificate, diploma, and degree award programs in accordance with Iowa Code section 260C.14. Awards from a community college shall be certified by the issuance of appropriate recognition, pursuant to award approval requirement guidelines issued by the department, indicating the type of program the student has completed. The minimum number and maximum number of credit hours required for each award type contained within this subrule may be waived pursuant to paragraph 21.2(13)“i.” Each award shall meet the expectations of statewide articulation agreements between Iowa community colleges and public universities.
	a. 	Associate of arts (AA). The degree is awarded upon completion of a college parallel (transfer) course of study that provides a strong general education component to satisfy the lower division general education liberal arts and sciences requirements for a baccalaureate degree. An associate of arts degree shall consist of a minimum of 60 semester (90 quarter) credit hours and a maximum of 64 semester (96 quarter) credit hours.
	b. 	Associate of science (AS). The degree is awarded upon completion of a course of study that requires a strong background in mathematics or science. The degree is intended to prepare students to transfer and initiate upperdivision work in baccalaureate programs. An associate of science degree awarded upon completion of an arts and sciences course of study shall consist of a minimum of 60 semester (90 quarter) credit hours and a maximum of 64 semester (96 quarter) credit hours.
	c. 	Associate of general studies (AGS). The degree is awarded upon completion of an individualized course of study that is primarily designed for the acquisition of a broad educational background rather than the pursuit of a specific college major or professional/technical program. The AGS is intended as a flexible course of study and may include specific curriculum in lower division transfer, occupational education, or professional-technical education. It shall not include a marketed course of study. An associate of general studies degree shall consist of a minimum of 60 semester (90 quarter) credit hours and a maximum of 64 semester (96 quarter) credit hours.
	d. 	Associate of applied science (AAS). The degree is awarded upon completion of a state-approved program of study that is intended to prepare students for entry-level career and technical occupations. An associate of applied science degree shall consist of a minimum of 60 semester (90 quarter) credit hours and a maximum of 86 semester (129 quarter) credit hours. The general education component of the associate of applied science degree program shall consist of a minimum of 15 semester (22.5 quarter) credit hours of general education and shall include at least one course from each of the following areas: communications, social science or humanities, and mathematics or science. A maximum of 3 semester (4.5 quarter) credit hours of the required 15 general education credits may be documented through an integrated, embedded, and interdisciplinary model adopted by the chief academic officers of the 15 community colleges in consultation with the department. The technical core of the associate of applied science degree shall constitute a minimum of 50 percent of the course credits.
	e. 	Associate of applied arts (AAA). The degree is awarded upon completion of a state-approved program of study that is primarily intended for career training in providing students with professional skills for employment in a specific field of work such as arts, humanities, or graphic design. An associate of applied arts degree shall consist of a minimum of 60 semester (90 quarter) credit hours and a maximum of 86 semester (129 quarter) credit hours. The general education component of the associate of applied arts degree program shall consist of a minimum of 15 semester (22.5 quarter) credit hours of general education and shall include at least one course from each of the following: communications, social science or humanities, and mathematics or science. A maximum of 3 semester (4.5 quarter) credit hours of the required 15 general education credits may be documented through an integrated, embedded, and interdisciplinary model adopted by the chief academic officers of the 15 community colleges in consultation with the department. The technical core of the associate of applied arts degree shall constitute a minimum of 50 percent of the course credits.
	f. 	Associate of professional studies (APS) pilot. The degree is awarded upon completion of a state-approved program of study that is intended to prepare students for transfer and upper division coursework in aligned baccalaureate programs or immediate entry into the workforce.
	(1)	Pilot awards shall be approved on a limited basis at the director’s sole discretion. To be eligible to participate in the pilot, a college shall demonstrate that other award types cannot meet needs and the associate of professional studies award is appropriate. The department shall study the effectiveness of associate of professional studies programs with regard to transfer and employment success after five years and make recommendations to the state board of education regarding program parameters and continuation.
	(2)	Each state-approved associate of science-career option (AS-CO) program of study shall be phased out by the end of the 2015-2016 academic year. All existing AS-CO programs shall be modified to meet the parameters of allowable award types or shall be discontinued.
	(3)	An associate of professional studies degree shall consist of a minimum of 62 semester (93 quarter) credit hours and a maximum of 68 semester (102 quarter) credit hours. The general education component of the associate of professional studies degree shall consist of a minimum of 30 semester (45 quarter) credit hours of general education including 3 semester (4.5 quarter) credit hours of each of the following: speech, mathematics, humanities, social and behavioral sciences, science; 6 semester (9 quarter) credit hours of writing; and 9 semester (13.5 quarter) credit hours distributed among mathematics, social and behavioral sciences, humanities, and science. The technical core of the associate of professional studies degree shall consist of a minimum of 16 semester (24 quarter) credit hours of career and technical coursework accepted by a receiving baccalaureate degree-granting institution with an aligned program as applying toward a specific major or program of study. The technical core of the degree shall also consist of a minimum of 16 additional semester (24 quarter) credit hours of career and technical coursework accepted by the receiving institution as electives.
	(4)	An associate of professional studies degree program of study shall have a minimum of three program-to-program articulation agreements with baccalaureate degree-granting institutions, at least one of which must be a public institution. A program shall have a minimum of one articulation agreement effective prior to program implementation, provided all three agreements are effective within the program’s first year of student enrollment. The agreements shall provide for the application of no fewer than 60 semester (90 quarter) credit hours toward the graduation requirements of each articulated baccalaureate degree program.
	g. 	Diploma. The diploma is awarded upon completion of a state-approved program of study that is a coherent sequence of courses consisting of a minimum of 15 semester (22.5 quarter) credit hours and a maximum of 48 semester (72 quarter) credit hours including at least 3 semester (4.5 quarter) credit hours of general education. The general education component shall be from any of the following areas: communications, social science or humanities, and mathematics or science. The technical core of the diploma shall constitute a minimum of 70 percent of the course credits. A diploma may be a component of and apply toward subsequent completion of an associate of applied science or associate of applied arts degree.
	h. 	Certificate. The certificate is awarded upon completion of a state-approved program of study that is designed for entry-level employment and shall consist of a maximum of 48 semester (72 quarter) credit hours. A certificate may be a component of and apply toward subsequent completion of a diploma or associate of applied science or associate of applied arts degree and may be developed in rapid response to the needs of business and industry. A certificate may consist of only career and technical courses and no general education course requirements.
	21.2(10) Academic records. The community college shall maintain in perpetuity for each student the complete academic record including every course attempted and grade received. An official transcript must be created at the time of course enrollment. The credit hour(s) and grade must be recorded on the student’s official transcripts upon completion of a community college course. These records shall be kept in disaster-resistant storage, unless other equivalent safeguards are used, such as maintaining duplicate files (electronic or otherwise) in separate facilities. The method of storage shall be consistent with current technology to ensure the ability to retrieve records. The community college shall implement a security plan that ensures the confidentiality of student records.
	21.2(11) Residency status and tuition. A student who has been admitted to an Iowa community college shall be classified as a resident or as a nonresident for admission, tuition, and fee purposes. A student classified as a resident shall pay resident tuition costs. A student classified as a nonresident shall pay nonresident tuition costs. Tuition rates are established by a community college’s board of trustees pursuant to Iowa Code section 260C.14(2).
	a. 	Tuition rates. Tuition rates adopted by a community college’s board of trustees shall be consistent with the following requirements.
	(1)	Resident tuition.
	1.	Tuition for residents shall not exceed the lowest tuition rate per semester, or the equivalent, for a full-time student charged by an institution of higher education under the state board of regents.
	2.	For students of high school age enrolled in a course through a contractual agreement with a school district, the limit on resident tuition shall not apply, and the amount of tuition shall be determined by the community college’s board of trustees with the consent of the school board.
	3.	Resident tuition rates shall not require department approval.
	(2)	Nonresident tuition. Tuition for nonresidents shall be not less than the marginal cost of instruction of a student attending the college. The establishment of nonresident tuition rates shall not require department approval, with the exception of rates established pursuant to paragraphs 21.2(11)“a”(2)“2” and “3” and 21.2(11)“a”(3).
	1.	International student tuition rates. A separate nonresident rate for international students shall be permissible, provided the rate is reasonable and reflects the cost of appropriate services.
	2.	Reciprocal agreements. A lower tuition rate for nonresidents is permitted under a reciprocal tuition agreement between a community college and an educational institution in another state, if the rate established in the agreement is approved by the department.
	3.	Other nonresident rates. Other nonresident tuition rates may be established for specific purposes provided the tuition rate is greater than the resident tuition rate, the tuition rate is not less than the marginal cost of instruction, and the arrangement is approved by the department.
	(3)	Consortia. A separate tuition rate for residents and nonresidents is permitted for courses delivered through a consortia agreement for online, distance education, or other coursework between Iowa community colleges, if the rate established in the agreement is approved by the department. Tuition shall not be less than the lowest resident rate or higher than the highest nonresident rate of institutions within the consortium.
	(4)	Noncredit course tuition. Tuition for noncredit continuing education courses shall be determined based on course costs and market demand. Tuition rates for courses that are not credit-bearing shall not require department approval.
	(5)	Department approval. For tuition rates requiring department approval, the department shall approve rates which comply with the requirements set forth in this chapter. Before a rate is adopted by a community college’s board of trustees and charged to students, the community college shall request and receive approval for a tuition rate.
	(6)	Reporting. A community college shall annually report all tuition rates and mandatory fees in a manner prescribed by the department.
	(7)	Notification. A community college shall inform all students about residency status determinations, the appeal process, and tuition policies. Information shall be included in appropriate publications such as the college’s catalog, registration materials, Web site, and student handbook.
	b. 	Determination of residency status. In determining a community college resident or nonresident classification, the primary determinant shall be the reason the student is in the state of Iowa. The second determinant shall be the length of time a student has resided in Iowa. If a student is in the state primarily for educational purposes, that student shall be considered a nonresident. The burden of establishing the reason a student is in Iowa for other than educational purposes rests with the student.
	(1)	Procedure. The registrar or officially designated community college office shall require written documents, affidavits, or other related evidence deemed necessary to determine why a student is in Iowa. A student shall be required to file at least two documents from different sources to determine residency status. Examples of acceptable documentation include: written and notarized documentation from an employer that the student is employed in Iowa or a signed and notarized statement from the student describing employment and sources of support; an Iowa state income tax return; an Iowa driver’s license; an Iowa vehicle registration card; an Iowa voter registration card; or proof of Iowa Homestead credit on property taxes. In all events, to be determined a resident of Iowa, the student must document residing in the state of Iowa for at least 90 days prior to the beginning of the term for which the student is enrolling.
	1.	If a student gives misleading or incorrect information for the purpose of evading payment of nonresident tuition, the student must pay the nonresident tuition for each term the student was not officially classified as a nonresident.
	2.	The procedures described in paragraph 21.2(11)“b” shall be administered by the registrar or staff designated by the community college.
	(2)	Residency of minor students. The domicile of a minor shall follow that of the parent with whom the minor resides, except where emancipation of said minor can be proven. The word “parent” herein shall include legal guardian or others in cases where the lawful custody of a minor has been awarded to persons other than the minor’s actual parents. A minor living with a resident of Iowa who is legally responsible for the minor shall be granted resident status if the minor has lived with the Iowa resident for at least 90 days immediately prior to enrollment. The residency status of an emancipated minor shall be based upon the same qualifications established for a student having attained majority.
	(3)	Residency of students who are not citizens of the United States. The residency status of students who are not citizens of the United States shall be determined consistent with the following procedures.
	1.	A student who is a refugee or who is granted asylum by an appropriate agency of the United States must provide proof of certification of refugee or asylum grantee status. A student may be accorded resident status for admission and tuition purposes when the student comes directly, or within a reasonable time, to the state of Iowa from a refugee facility or port of debarkation and has not established domicile in another state.
	2.	A student who has immigrant status, and the student’s spouse or dependents, may establish Iowa residency in the same manner as a United States citizen.
	3.	A student who has nonimmigrant status and who holds a nonstudent visa, and the student’s spouse or dependents, may establish residency in the same manner as a United States citizen. An alien who has nonimmigrant status and whose primary purpose for being in Iowa is educational is classified as nonresident.
	4.	A student who is a resident of an Iowa sister state may be classified as a resident or nonresident, in accordance with rules adopted by the college’s board of directors.
	(4)	Residency of federal personnel and dependents. A student, or the student’s spouse or dependent child, who has moved into the state of Iowa as the result of military or civil orders from the federal government, and the minor children of such student, is immediately an Iowa resident.
	(5)	Residency of veterans and family members and individuals covered under Section 702 of the Veterans Access, Choice and Accountability Act of 2014. A veteran of a uniformed service, a member of the National Guard, or the veteran’s or member’s spouse or dependent child shall be classified as an Iowa resident student and be eligible for resident tuition and fee amounts, if the veteran or national guard member meets the requirements of paragraph 21.2(11)“b”(5)“1,” “2,” or “3.”
	1.	The veteran has separated from a uniformed service with an honorable or general discharge, is eligible for benefits, or has exhausted benefits under the federal Post-9/11 Veterans Educational Assistance Act of 2008 or any other federal authorizing veteran educational benefits program.
	2.	The individual is an active duty military person or activated or temporarily mobilized National Guard member.
	3.	The individual is a covered person under Section 702 of the Veterans Access, Choice and Accountability Act of 2014 or subsequent legislation.
	(6)	Reclassification of residency status. It is the responsibility of a student to request a reclassification of residency status. If a student is reclassified as a resident for tuition purposes, such classification shall be effective beginning with the next term for which the student enrolls. In no case shall reclassification to residency status be made retroactive for tuition and fee purposes, even though the student could have previously qualified for residency status had the student applied.
	(7)	Appeal. The decision on the residency status of a student for admission, tuition, and fee purposes may be appealed to a review committee established by the community college. The findings of the review committee may be appealed to the community college’s board of trustees, whose decision shall be a final administrative decision.
	21.2(12) Credit hours. Credit hours shall be determined consistent with the following procedures.
	a. 	Specifically stated criteria are minimal requirements only, which institutions may exceed at their discretion.
	b. 	Conventional instruction is subdivided into four instructional methods as herein defined.
	(1)	Classroom work — lecture and formalized classroom instruction under the supervision of an instructor.
	(2)	Laboratory work — experimentation and practice by students under the supervision of an instructor.
	(3)	Clinical practice — applied learning experience in a health agency or office under the supervision of an instructor.
	(4)	Work experience — employment-related experience planned and coordinated by an institutional representative and the employer, with control and supervision of the student on the job being the responsibility of the employer.
	c. 	No registration or orientation hours may be included when determining credit hours.
	d. 	Institutions shall take into account the soundness of the learning environment being created by the scheduling sequence and length of classroom, laboratory, clinical, and work experience sessions. However, the final decision on these matters is left to the institutional administration so long as minimal standards are met.
	e. 	Only minutes for students officially registered for courses or programs, including audit registration, may be included when determining credit hours.
	f. 	Each community college must establish a policy that defines its methods of equating alternative instruction to credit hours and the process for evaluating the effectiveness of the alternative instruction to meet or exceed the expected student outcomes as if the course were taught utilizing conventional methods in paragraph 21.2(12)“b.” Colleges will be held accountable for evaluating and maintaining high-quality programs, and their evaluations may be subject to department review. Students shall be expected to meet all approved course requirements and shall be expected to demonstrate the acquisition of knowledge and competencies/outcomes at the same level as those obtained in traditional classroom settings, in the time frames set by the institution. Alternative courses or programs of study must be approved by the college’s review processes including faculty review and input. Courses shall be listed in the college catalog. Instructional formats for which alternative methods of determining credit hours are applicable include the following:
	(1)	Accelerated courses (study, programs). Courses or programs of study that allow students to complete courses or programs at a faster pace than if offered by conventional methods. Courses and programs shall be tailored to involve more student participation and self-directed study. Instructors may teach in traditional classroom settings or by alternative methods specified in this subrule.
	(2)	Distance education. Courses or programs of study taught over the Internet, Iowa Communications Network (ICN), or other electronic means that allow students to receive instruction in the classroom or other sites, over personal computers, television, or other electronic means. Courses may or may not be interactive with direct communication between the teacher and students. Credit hours shall be awarded in accordance with the credit hours that would have been assigned if the course or program were taught by conventional methods.
	1.	Correspondence courses. Courses offered outside the classroom setting in which the instruction is delivered indirectly to the student. Instruction is provided through another medium, such as written material, computer, television, or electronic means. Course materials are sent to a student who follows a detailed syllabus to complete assignments. Students correspond with and transmit assignments to the instructor by telephone, computer, mail, or electronic means. A third party may administer tests.
	2.	Television courses. Courses or programs delivered primarily via broadcast television such as Iowa Public Television, digital video disc, or other media allowing students to receive instruction in a classroom or equipped remote location.
	3.	Video conference courses. Courses or programs delivered via a closed synchronous audio-video conferencing system such as the Iowa Communications Network or similar system which allows students to receive instruction in a classroom or any equipped remote location via an audio-video feed to a television, computer, or other electronic device.
	4.	Internet courses. Courses or programs delivered via the Internet. Courses may be taken using computers in a classroom setting or using personal computers or other electronic devices from the student’s home or other location using an online content management system or mixed-media methods. Students may be linked at times directly with the instructor or with other students electronically. Interaction may be direct (synchronous) or indirect (asynchronous) allowing students to participate during their own time frames.
	5.	In-class hybrid courses. Courses or programs that combine traditional classroom and computer-based instruction. In-class sessions are offered with online instructional activities to promote independent learning and reduce seat-time.
	(3)	Self-paced instruction. Courses or programs that permit a student to enter at variable times or progress at the student’s own rate of speed. Start and end dates may or may not correspond to the official college calendar. Contact or credit hours for self-paced programs or courses shall be computed by assigning to each registration the total number of credit or contact hours the student would have received if the student enrolled in a conventional program or course with stipulated beginning and ending dates.
	(4)	Arranged study. Instruction offered to students at times other than stated or scheduled class times to accommodate specific scheduling or program needs of students. Credit hours shall be awarded in accordance with the credit hours that would have been assigned if the course or program were taught by conventional methods.
	(5)	Multiformat nontraditional instruction. Instruction utilizing a variety of nontraditional methods that may incorporate self-paced learning, text, video, computer instructional delivery, accelerated training, independent study, Internet delivery, or other methods that do not follow standard classroom work guidelines. Credit hours shall be awarded in accordance with the credit hours that would have been assigned if the course or program were taught by conventional methods.
	g. 	Individualized learning experiences for which an equivalent course is not offered shall have the program length computed from records of attendance using such procedures as a time clock or sign-in records. Individualized learning experiences means independent study courses in which an equivalent course is not offered by the college or listed in the college catalog. Independent study permits in-depth or focused learning on special topics of particular interest to the student.
	h. 	Each course must have a minimum length of one credit hour. A fractional unit of credit may be awarded provided the course exceeds the minimum length of one credit hour.
	i. 	Each credit hour shall consist of a minimum number of contact hours as defined in paragraphs 21.2(12)“h” to “m.” One contact hour equals 50 minutes.
	j. 	Classroom work.
	(1)	The minimal requirement for one semester hour of credit shall be 800 minutes (16 contact hours) of scheduled instruction.
	(2)	The minimal requirement for one quarter hour of credit shall be 533 minutes (10.7 contact hours) of scheduled instruction.
	k. 	Laboratory work.
	(1)	The minimal requirement for one semester hour of credit shall be 1,600 minutes (32 contact hours) of scheduled laboratory work.
	(2)	The minimal requirement for one quarter hour of credit shall be 1,066 minutes (21.3 contact hours) of scheduled laboratory work.
	l. 	Clinical practice.
	(1)	The minimal requirement for one semester hour of credit shall be 2,400 minutes (48 contact hours) of scheduled clinical practice.
	(2)	The minimal requirement for one quarter hour of credit shall be 1,599 minutes (32 contact hours) of scheduled clinical practice.
	m. 	Work experience.
	(1)	The minimal requirement for one semester hour of credit shall be 3,200 minutes (64 contact hours) of scheduled work experience.
	(2)	The minimal requirement for one quarter hour of credit shall be 2,132 minutes (42.6 contact hours) of scheduled work experience.
	21.2(13) Career and technical program length.
	a. 	Program length for the associate of applied science (AAS) degree in career and technical education, for the associate of applied arts (AAA) degree, and for the associate of professional studies (APS) degree shall consist of an academic program not to exceed two academic years. All required course offerings are to be available within two academic years. All required offerings in AAS and AAA degree programs shall not exceed a maximum of 86 semester (129 quarter) credit hours unless the department of education has granted a waiver pursuant to paragraph 21.2(13)“i.” All required offerings in pilot APS degree programs shall not exceed a maximum of 68 credit hours. Programs shall not exceed an average of 19 credit hours per regular term.
	b. 	All credit-bearing courses required for program admittance or graduation, or both, shall be included in the program length credit hour maximum, with the exception of developmental course credit hours. Prerequisites that provide an option to students for either credit or noncredit shall be counted toward the program parameters. Prerequisite options that are only offered for noncredit shall not be counted toward program length parameters. A high school course prerequisite is permissible and shall not count toward program length parameters, provided the prerequisite is reasonable. A high school course prerequisite is reasonable if a community college demonstrates that students entering the program predominantly meet the requirement without prior college coursework.
	c. 	Associate of applied science (AAS) and associate of applied arts (AAA) programs that receive accreditation from nationally recognized accrediting bodies may appeal maximum credit hour length requirements to the department for consideration of a waiver. All AAS and AAA degree programs over the 86 semester (129 quarter) credit hour maximum must have approved program-length waivers pursuant to paragraph 21.2(13)“i.”
	d. 	Associate of professional studies pilot programs shall not be eligible for a program-length waiver pursuant to paragraph 21.2(13)“i.”
	e. 	All credit certificate and diploma programs as defined in subrule 21.2(9) shall not exceed 48 semester (72 quarter) credit hours.
	f. 	Each course offered in the area of career and technical education shall be taught in the shortest practical period of time at a standard consistent with the quality and quantity of work needed to prepare the student for successful employment in the occupation for which instruction is being offered.
	g. 	A full-time student in career and technical education shall be defined as a student enrolling in 12 or more semester credit hours or the equivalent in career and technical education.
	h. 	Curricula in full-time career and technical education programs shall ordinarily be offered on the basis of student workload of 20 to 30 contact hours per week.
	i. 	Waiver process. A college may petition the department to suspend in whole or in part a program-length requirement contained in paragraphs 21.2(13)“a” to “e” as applied to a specific program on the basis of the particular circumstances of that program.
	(1)	Waivers shall be issued at the director’s sole discretion. Waivers shall be narrowly tailored and granted for a period no longer than two academic years, after which reapplication is required. A waiver may be granted on a long-term basis not to exceed ten years if issuing the waiver for a shorter period is not practical.
	(2)	All petitions for waiver must be submitted in writing to the department. A petition shall include the following information: specific waiver request including scope and duration, the relevant facts that the petitioner believes would justify a waiver, a detailed statement of the impact on student achievement, any information known regarding the department’s treatment of similar cases, and any additional information deemed relevant by the petitioner. The department shall acknowledge a petition upon receipt.
	(3)	The department shall ensure that, within 30 calendar days, notice of pendency of the petition and a concise summary of its contents have been provided to a committee consisting of the chief academic officers of each community college. In addition, the department may give notice to other persons.
	(4)	A committee consisting of the chief academic officers of a majority of community colleges shall review the waiver request and provide a recommendation to the department regarding whether approval should be granted. Within 90 calendar days of receiving the recommendation, the department shall review the petition and issue a ruling. Failure of the department to grant or deny a petition within the required time period shall be deemed a denial of that petition. If a waiver is issued, the department shall provide a description of the precise scope and operative period to all interested parties.
	21.2(14) Faculty organization. The faculty shall be organized in such a way as to promote communication among administration, faculty and students and to encourage faculty participation in the development of the curriculum, instructional procedures, general policies, and such other matters as are appropriate.
	21.2(15) Faculty salary allocation plan. Pursuant to the appropriation of funds from the state general fund to the department for the purpose of supplementing community college faculty salaries, the department follows the formula herein when distributing such funds to community colleges.
	a. 	For purposes of this subrule, the following definitions apply.
	(1)	“Full-time faculty” means those nonadministrative instructors, counselors, and librarians who are classified as full-time employees as defined in the college’s collective bargaining agreement or written policy.
	(2)	“Part-time faculty” means those nonadministrative instructors, counselors, and librarians who are employed less than full-time as defined in the college’s collective bargaining agreement and who are covered by the college’s collective bargaining agreement. For purposes of the definition of “eligible full-time equivalent instructor,” each part-time faculty person shall be counted as a fraction that accurately reflects the person’s percentage of employment by the college when compared to a full-time faculty person.
	(3)	“Temporary/seasonal faculty” means those nonadministrative instructors, counselors, and librarians who are employed, full-time or part-time, by the college for short periods of time for specific purposes.
	(4)	“Adjunct faculty” means those nonadministrative instructors, counselors, and librarians who are employed without a continuing contract, whose teaching load does not exceed one-half time for two full semesters or three full quarters per calendar year.
	(5)	“Eligible full-time equivalent instructor” means the total of full-time faculty and part-time faculty where each full-time faculty counts as one, and each part-time faculty counts as a fraction that accurately reflects the person’s percentage of employment by the college when compared to a full-time faculty person.
	b. 	The appropriation shall be distributed to the community colleges based on their proportional share of eligible full-time equivalent instructors.
	c. 	Moneys distributed to each community college pursuant to this subrule shall be rolled into the funding allocation for all future years. The use of the funds shall remain as described herein for all future years. The appropriation will be distributed to the community colleges in equal monthly payments made on or about the fifteenth of each month.
	d. 	Moneys appropriated and distributed to community colleges pursuant to this subrule shall be used to supplement and not supplant any approved faculty salary increases or negotiated agreements, excluding the distribution of the funds herein. Eligible expenditures for the moneys appropriated are for salary expenditures and the required college contribution to FICA and IPERS or an alternative retirement benefits system. These moneys shall then be considered as part of the instructor’s salary in future years.
	e. 	Moneys distributed to a community college pursuant to this subrule shall be allocated to all full-time faculty and shall include part-time faculty covered by a collective bargaining agreement. The moneys shall be allocated pursuant to any existing negotiated agreements according to Iowa Code chapter 20. If no language exists to specify the method of allocation, the moneys shall be allocated equally to all full-time faculty with part-time faculty who are covered by a collective bargaining agreement receiving a prorated share.
	f. 	A community college receiving funds distributed pursuant to this subrule shall determine the amount to be paid to instructors in accordance with Iowa Code section 260C.18D, subsection 4, and the amount determined to be paid to an individual instructor shall be divided evenly and paid in each pay period of the fiscal year.
This rule is intended to implement Iowa Code section 260C.33.
[ARC 8646B, IAB 4/7/10, effective 5/12/10; ARC 0687C, IAB 4/17/13, effective 5/22/13; ARC 2021C, IAB 6/10/15, effective 7/15/15; ARC 3288C, IAB 8/30/17, effective 10/4/17; ARC 3982C, IAB 8/29/18, effective 10/3/18]
281—21.3(260C) Associate of arts and associate of science transfer major programs.
	21.3(1) General program. Each community college shall offer a general college parallel program of study leading to an associate of arts award or an associate of science award, pursuant to subrules 21.2(9) and 21.4(2). These programs shall offer courses equivalent to the first two years of a baccalaureate program and shall not be discipline-specific.
	21.3(2) Transfer majors. A community college may establish discipline-specific transfer major programs to improve student recruitment, advising, and success and enhance transferability of associate-level courses into aligned baccalaureate degree programs. The transfer major program shall consist of discipline-relevant credits from an approved discipline framework which satisfies the requirements of paragraph 21.3(2)“b.” A community college shall ensure all students are appropriately advised regarding the availability, structure, purpose, and other pertinent information related to the transfer major program.
	a. 	Degree option. A transfer major shall be embedded within an associate of arts or associate of science degree which meets the requirements of this chapter and any applicable statewide transfer agreement between the Iowa community colleges and public universities. Credits within the transfer major may be utilized to fulfill the general education requirements of an associate of arts or associate of science degree, as appropriate.
	b. 	Discipline framework. Each approved transfer major program shall adhere to the appropriate adopted discipline framework to ensure transferability with the aligned baccalaureate program of study at one or more public universities in Iowa.
	(1)	A discipline framework shall consist of a minimum of 18 discipline-relevant semester credits (27 quarter credits) that align with a framework of elements based on accepted practices of an aligned baccalaureate degree program of study at a public university in Iowa.
	(2)	The courses within the discipline framework shall articulate with a regionally accredited public university in Iowa so that the course credits are recognized by the university as fulfilling equivalent course requirements in at least one aligned baccalaureate degree program of study.
	(3)	If the requirements of subparagraph 21.3(2)“b”(2) cannot be achieved with at least one regionally accredited public university in Iowa, a request may be submitted to the department for articulation with a regionally accredited public institution in a contiguous state or a group of no less than three regionally accredited private postsecondary institutions which confer baccalaureate degrees, are based in Iowa, and are approved under Iowa Code chapter 261 to operate in the state of Iowa.
	(4)	The discipline framework shall be developed and adopted by a statewide committee convened by the department.
	c. 	Use of term. Consistent with department guidance, each community college shall exclusively use the term “transfer major” to record the completion of an approved transfer major program on the student’s official transcript and other academic records, publish in the college catalog, and market the transfer major program to current and potential students and the general public. A community college shall not transcript, catalog, or market an associate of arts or associate of science program using other terms which contain or are synonymous with the term “major” or which imply a specialization within a subject area.
	21.3(3) Approval. Per Iowa Code section 260C.14, each transfer major program shall be submitted to the department for approval utilizing the state system for program management. Approval shall be obtained prior to the enrollment of students in the transfer major program. The approval process shall not include components specific to career and technical education program approval, including advisory committees and labor market analysis.
	21.3(4) Reporting. Each community college shall comply with data reporting requirements established by the department. The department shall produce and make available a report detailing enrollment and outcomes of participants in transfer major programs.
	21.3(5) Effective date. The requirements of this rule shall take effect beginning with the 2019-2020 academic year. In implementing the provisions of this rule, the department shall consult key stakeholders including, but not limited to, representatives of Iowa’s community colleges and public universities.
[ARC 3982C, IAB 8/29/18, effective 10/3/18]
281—21.4(260C) Curriculum and evaluation.
	21.4(1) General education. General education is intended to provide breadth of learning to the community college experience. General education imparts common knowledge, promotes intellectual inquiry, and stimulates the examination of different perspectives, thus enabling people to function effectively in a complex and changing world. General education tends to emphasize oral and written communication, critical analysis of information, knowledge and appreciation of diverse cultures, ways of knowing and human expression, knowledge of mathematical processes and natural sciences investigations, and ethics. General education courses are not intended to be developmental in nature. Each community college is responsible for clarifying, articulating, publicizing, and assessing its general education program.
	21.4(2) College parallel or transfer.
	a. 	This program shall offer courses that are the equivalent of the first two years of a baccalaureate program and may also include: such courses as may be necessary to develop skills that are prerequisite to other courses and objectives; specialized courses required to provide career options within the college parallel or transfer program; and approved transfer major programs meeting the requirements of 281—21.3(260C). College parallel or transfer programs are associate of arts and associate of science degree programs. General education courses in college parallel or transfer programs are required to be college transfer courses. A follow-up of students terminating shall be conducted to determine how well students have succeeded and which adjustments in the curriculum, if any, need to be made.
	b. 	Courses of a developmental or remedial nature or prefreshman level shall not bear college transfer credit and shall be clearly identified in the college catalog. Developmental courses on the transcript shall be identifiable through the adoption of the community college common course numbering system.
	21.4(3) Career and technical education. Instruction shall be offered in career and technical education programs in no less than five different occupational fields as defined by the department. College parallel or transfer courses may be offered as needed in career and technical education programs. Career and technical education programs, including associate of science-career option programs, must meet program approval requirements set by the state board of education. The director shall approve new career and technical education programs. Instruction shall be offered in career and technical education programs, ensuring that they are competency-based, contain all minimum competencies required by the department, articulate with local school districts’ career and technical education programs, and comply with any applicable requirements in Iowa Code chapter 258. The occupational fields in which instruction is offered shall be determined by merged area and geographical area needs as identified by surveys in these areas. Occupational advisory committees may be used to assist in developing and maintaining instructional content, including leadership development.
	21.4(4) Developmental education. Students who enter community colleges underprepared for postsecondary coursework are provided opportunities to improve their cognitive and noncognitive skills via developmental education academic and student support services. In an effort to enhance these opportunities, while respecting the local authority of Iowa’s community colleges, each college shall adopt proven developmental education strategies to identify and address the needs of students, shorten the time to completion, prepare students for academic success, and reduce the financial burden for students underprepared for postsecondary coursework. Such proven strategies include, but are not limited to, multiple measures of placement; accelerated and integrated strategies, such as co-requisite models; and support services that address students’ cognitive and noncognitive needs. These reform efforts require collaboration among community colleges, school corporations, and education stakeholders to systemically expand proven strategies to prepare students for postsecondary success.
	21.4(5) Adult and continuing education. Adult education shall be offered and may include adult basic education, adult continuing and general education, college parallel or transfer, high school completion, supplementary and preparatory career education programs, and other programs and experiences as may be required to meet the needs of people in the merged area.
	21.4(6) Community services. The community colleges shall provide a program of community services designed to meet the needs of persons residing in the merged area. The purpose of the community service program shall be to foster agricultural, business, cultural, industrial, recreational and social development in the area.
[ARC 8646B, IAB 4/7/10, effective 5/12/10; ARC 3982C, IAB 8/29/18, effective 10/3/18]
281—21.5(260C) Library or learning resource center.
	21.5(1) Facilities. Community college libraries or learning resource centers shall provide the facilities and resources needed to support the total educational program of the institution and shall show evidence that the facilities and the resources are being used effectively and efficiently. Adequate consideration shall be given to the seating, comfort, setting, and technology of the facility used to house the collection and learning resources.
	21.5(2) Staffing. The library or learning resource center shall be adequately staffed with qualified professionals and skilled nonprofessional personnel.
	21.5(3) Collection. The library and learning resource center materials collection of a community college shall be accessible and adequate in size and scope to serve effectively the number and variety of programs offered and the number of students enrolled, including distance and satellite sites. The library and learning resource center materials collection shall show evidence of having been selected by faculty as well as professional library or learning resource staff and shall be kept up-to-date through a planned program of acquisition and deletion. The library and learning resource center materials collection shall contain a range and number of print and nonprint materials and appropriate electronic information resources.
	21.5(4) Expenditures. The budget of the library or learning resource center shall be appropriate for the programs and services offered by the institution. New programs and new curricula shall be reflected in library or learning resource center expenditures.
[ARC 8646B, IAB 4/7/10, effective 5/12/10]
281—21.6(260C) Student services. A program of student services shall be provided to meet the needs of students in the community college. The program of student services shall include, but not be limited to, the following functional areas:
	1.	Orientation to college and career opportunities and requirements.
	2.	Appraisal of individual potential.
	3.	Consultation with students about their plans, progress and problems.
	4.	Participation of students in activities that supplement classroom experiences.
	5.	Regulation to provide an optimal climate for social and academic development.
	6.	Services that facilitate community college attendance through a program of financial assistance, and facilitate transition to further education or employment.
	7.	Organization that provides for continuing articulation, evaluation and improvement of the student services program.
	8.	Campus safety and security as required by Iowa Code chapter 260C and the federal Clery Act, 20 U.S.C. Section 1092(f), 34 CFR Section 668.46.
[ARC 8646B, IAB 4/7/10, effective 5/12/10]
281—21.7(260C) Laboratories, equipment and supplies. Laboratories, equipment and supplies shall be comparable with those used in the occupations for which instruction is offered. Similarly, college parallel or transfer courses shall be supported in a manner comparable to those conditions which prevail in standard, regionally accredited colleges and universities in which students may wish to transfer college credits.
[ARC 8646B, IAB 4/7/10, effective 5/12/10]
281—21.8(260C) Physical plant. The site, buildings and equipment of the community college shall be well maintained and in good condition. At a minimum, a five-year ongoing, systematic maintenance and facilities plan approved by the local community college board shall be in evidence. The physical plant shall be adequate in size and properly equipped for the program offered. All remodeling of existing facilities shall comply with Iowa Code chapter 104A and the federal Americans With Disabilities Act, 42 U.S.C. Section 12101 et seq.
[ARC 8646B, IAB 4/7/10, effective 5/12/10]
281—21.9(260C) Nonreimbursable facilities. No facility intended primarily for events for which admission may be charged nor any facility specially designed for athletic or recreational activities, other than physical education, shall be constructed with state-appropriated funds.
[ARC 8646B, IAB 4/7/10, effective 5/12/10]
281—21.10(260C) Accreditation. Rescinded IAB 4/7/10, effective 5/12/10.
281—21.11(260C) Community college accreditation process. Rescinded IAB 4/7/10, effective 5/12/10.
281—21.12(260C) Standards for community colleges. Rescinded IAB 4/7/10, effective 5/12/10.
281—21.13 to 21.19  Reserved.
The rules in this division are intended to implement Iowa Code chapter 260C and 2007 Iowa Acts, Senate File 601.
DIVISION II
COMMUNITY COLLEGE ENERGY APPROPRIATIONS
281—21.20 to 21.29  Reserved.
DIVISION III
INSTRUCTIONAL COURSE FOR DRINKING DRIVERS
281—21.30(321J) Purpose. The instructional course for drinking drivers is designed to inform the offender about drinking and driving and encourage the offender to assess the offender’s own drinking and driving behavior in order to select practical alternatives.
[ARC 1433C, IAB 4/30/14, effective 6/4/14]
281—21.31(321J) Course.
	21.31(1) A course provided in accordance with Division III of this chapter shall be offered on a regular basis at each community college or by a substance abuse treatment program licensed under Iowa Code chapter 125. However, a community college shall not be required to offer the course if a substance abuse treatment program licensed under Iowa Code chapter 125 offers the course within the merged area served by the community college. A course provided in accordance with Division III of this chapter may be offered at a state correctional facility listed in Iowa Code section 904.102.
	21.31(2) The department of education shall maintain a listing of all providers of approved courses in the state and publish this listing on the department’s Web site.
	21.31(3) Individuals who reside outside the state of Iowa and who are required by the state of Iowa to take a course for drinking drivers shall have the opportunity to take the course in another state, provided:
	a. 	The out-of-state course is comparable to those courses approved to be offered in the state of Iowa.
	b. 	The course is delivered in a classroom setting and not online.
	21.31(4) Enrollment in the course is not limited to persons ordered to enroll, attend, and successfully complete the course required under Iowa Code sections 321J.1 and 321J.17, subsection 2. Any person under the age of 18 who is required to attend the courses for violation of Iowa Code section 321J.2 or 321J.17 must attend a course offered by a substance abuse treatment program licensed under Iowa Code chapter 125.
	21.31(5) An instructional course shall be approved by the department of education in consultation with the community colleges, substance abuse treatment programs licensed under Iowa Code chapter 125, the Iowa department of public health, and the Iowa department of corrections. The course shall be delivered in a classroom setting with at least 12 hours of instructional time delivered over a minimum of a two-day period. The course may be offered in blocks not to exceed 4 hours with a minimum of a 30-minute break between blocks. Each student in the class shall receive an individual workbook, and workbooks shall not be reused. The course shall be taught by an instructor certified by the curriculum provider to teach the course. Each course of instruction shall establish the following:
	a. 	An understanding that alcohol-related problems could happen to anyone and that a person’s drinking choices matter. The course illustrates common views of society that prevent people from taking drinking choices seriously. Research is presented to challenge common views with an understanding that alcohol problems are related to lifestyle choices.
	b. 	An understanding that specific low-risk choices will help reduce the risk of experiencing alcohol-related problems at any point in life. The course presents research-based, low-risk guidelines.
	c. 	Methods of providing support for making low-risk choices.
	d. 	An accurate description of the progression of drinking to the development of alcoholism to help people weigh the risk involved with high-risk drinking and to see how high-risk choices may jeopardize their lives and the lives of others.
	e. 	Opportunities to develop a specific plan of action to follow through with low-risk choices. A list of community resources is provided for ongoing support and treatment as needed.
[ARC 9901B, IAB 12/14/11, effective 1/18/12; ARC 1433C, IAB 4/30/14, effective 6/4/14]
281—21.32(321J) Tuition fee established.
	21.32(1) Each person enrolled in an instructional course for drinking drivers shall pay to the community college or a substance abuse treatment program licensed under Iowa Code chapter 125 a tuition fee of $140 for the approved 12-hour course, plus a reasonable book fee. The court may allow an offender to combine the required course with a program that incorporates jail time. Reasonable fees may be assessed for costs associated with lodging, meals, and security.
	21.32(2) A person shall not be denied enrollment in a course by reason of a person’s indigency. For court-ordered placement, the court shall determine a person’s indigency. In all other instances, the community college, substance abuse treatment program licensed under Iowa Code chapter 125, or state correctional facility shall determine indigence upon application.
[ARC 1433C, IAB 4/30/14, effective 6/4/14; ARC 3288C, IAB 8/30/17, effective 10/4/17]
281—21.33(321J) Administrative fee established.
	21.33(1) Students enrolled in Iowa. Each person enrolled in Iowa in an instructional course for drinking drivers under this chapter shall be charged an administrative fee of $15. This fee is in addition to tuition and shall be collected by the provider of the instructional course in conjunction with the tuition fee established under 281—21.32(321J). The administrative fee shall be forwarded to the department of education on a quarterly basis as prescribed by the department. If a student has been declared by the court as indigent, no administrative fee will be charged to that student.
	21.33(2) Students enrolled in another state. Each person enrolled outside the state of Iowa in an instructional course for drinking drivers under this chapter shall be charged an administrative fee of $37.50. This fee is in addition to tuition and shall be paid directly to the department of education by the student. Upon payment of the fee, the department of education shall review the educational component of the course taken by the student and shall inform the department of transportation whether the educational component is approved by the department of education.
[ARC 1433C, IAB 4/30/14, effective 6/4/14; ARC 3288C, IAB 8/30/17, effective 10/4/17]
281—21.34(321J) Advisory committee. A drinking driver education advisory committee shall be established by the department of education to serve in an advisory capacity to the department of education in matters relevant to the instructional course for drinking drivers. Membership on this committee shall include representatives from agencies currently offering the instructional course for drinking drivers and may include other stakeholders.
[ARC 1433C, IAB 4/30/14, effective 6/4/14]
The rules in this division are intended to implement Iowa Code section 321J.22.
DIVISION IV
JOBS NOW CAPITALS ACCOUNT
281—21.35 to 21.44  Reserved.
DIVISION V
STATE COMMUNITY COLLEGE FUNDING PLAN
281—21.45(260C) Purpose. A distribution plan for general state financial aid to Iowa’s community colleges is established for the fiscal year commencing July 1, 1999, and succeeding fiscal years. Funds appropriated by the general assembly to the department of education for general financial aid to community colleges shall be allocated to each community college in the manner defined in this chapter.
	21.45(1) Distribution formula. Moneys appropriated by the general assembly from the general fund to the department for community college purposes for general state financial aid for a budget year shall be allocated to each community college by the department according to the provisions of Iowa Code section 260C.18C.
	21.45(2)  Each community college shall provide student and financial information in the manner and form as determined by the department and before the deadline announced by the department. If the community college fails to provide the student or financial information as required, the department shall estimate the full-time equivalent enrollment (FTEE) of that college that will be used in the state general aid distribution formula.
	21.45(3)  Each community college shall be required to hire an auditing firm to complete and submit the schedule of credit-hour and contact-hour enrollment and a letter certifying that specified department of education procedures were followed. These schedules will be used in calculating the college’s FTEE utilized in the community college state general aid distribution formula.
This rule is intended to implement Iowa Code section 260C.18C.
[ARC 8646B, IAB 4/7/10, effective 5/12/10]
DIVISION VI
INTERCOLLEGIATE ATHLETIC COMPETITION
281—21.46 to 21.56  Reserved.
DIVISION VII
QUALITY INSTRUCTIONAL CENTER INITIATIVE
281—21.57(260C) Purpose. Rescinded IAB 4/7/10, effective 5/12/10.
281—21.58(260C) Definitions. Rescinded IAB 4/7/10, effective 5/12/10.
281—21.59(260C) Eligibility requirements. Rescinded IAB 4/7/10, effective 5/12/10.
281—21.60(260C) Timelines. Rescinded IAB 4/7/10, effective 5/12/10.
281—21.61(260C) Evaluation and selection criteria. Rescinded IAB 4/7/10, effective 5/12/10.
281—21.62(260C) Funding. Rescinded IAB 4/7/10, effective 5/12/10.
281—21.63(260C) Annual report. Rescinded IAB 4/7/10, effective 5/12/10.
DIVISION VIII
PROGRAM AND ADMINISTRATIVE SHARING INITIATIVE
Rules 281—21.64(280A) to 21.71(280A), effective 12/20/91 were rescinded IAB 2/5/92, effective 1/7/92; these rules were
readopted IAB 4/1/92, effective 5/6/92.
281—21.64(260C) Purpose. Rescinded IAB 4/7/10, effective 5/12/10.
281—21.65(260C) Definitions. Rescinded IAB 4/7/10, effective 5/12/10.
281—21.66(260C) Eligibility requirements. Rescinded IAB 4/7/10, effective 5/12/10.
281—21.67(260C) Timelines. Rescinded IAB 4/7/10, effective 5/12/10.
281—21.68(260C) Evaluation and selection criteria. Rescinded IAB 4/7/10, effective 5/12/10.
281—21.69(260C) Funding. Rescinded IAB 4/7/10, effective 5/12/10.
281—21.70(260C) Annual report. Rescinded IAB 4/7/10, effective 5/12/10.
281—21.71(260C) Combining merged areas—election. Rescinded IAB 4/7/10, effective 5/12/10.
DIVISION IX
APPRENTICESHIP PROGRAM
281—21.72(260C) Purpose. The purpose of the apprenticeship program is to provide individuals, at least 16 years of age, except where a higher minimum age standard is otherwise fixed by law, employment to learn a skilled trade or an occupation; and to authorize each community college to establish or contract for the establishment of apprenticeship programs for apprenticeable occupations.
281—21.73(260C) Definitions. For the purpose of Division IX, the following definitions shall apply:
“Apprentice” shall mean a worker at least 16 years of age, except where a higher minimum age standard is otherwise fixed by law, who is employed to learn a skilled trade or occupation under the standards of apprenticeship.
“Apprenticeable occupation” is a skilled trade which possesses all of the following characteristics:
	1.	It is customarily learned in a practical way through a structured, systematic program of on-the-job, supervised training.
	2.	It is clearly identified and commonly recognized throughout an industry.
	3.	It involves manual, mechanical or technical skills and knowledge which require a minimum of 2,000 hours of on-the-job work experience.
	4.	It requires related instruction to supplement on-the-job training.
“Apprenticeship agreement” shall mean a written agreement between an apprentice and the apprentice’s employer, or an apprenticeship committee acting as the agent for the employer(s). The agreement contains the terms and conditions of the employment and training of the apprentice.
“Apprenticeship committee” shall mean those persons designated by the sponsor to act for it in the administration of the program. A committee may be “joint,” i.e., composed of an equal number of representatives of the employer(s) and of the employees represented by a bona fide collective bargaining agent(s), and is established to conduct, operate, or administer an apprenticeship program and enter into apprenticeship agreements with apprentices. A committee may be “unilateral” or “nonjoint” and shall mean a program sponsor in which a bona fide collective bargaining agent is not a participant.
“Apprenticeship instructor” shall mean an instructor who delivers related and technical instruction in apprenticeship programs and who must meet the department’s requirements for career and technical instructors or be recognized as a subject matter expert. It is recommended that all apprenticeship instructors have training in teaching techniques and adult learning styles.
“Apprenticeship program” shall mean a plan containing all terms and conditions for the qualification, recruitment, selection, employment and training of apprentices, including such matters as required under 29 CFR Parts 29 and 30, including the requirement for a written apprenticeship agreement.
“Cancellation” shall mean the termination of the registration or approval status of a program at the request of the sponsor or termination of an apprenticeship agreement at the request of the apprentice.
“Certification” or “certificate” shall mean documentary evidence that at least one of the following has been met:
	1.	The Office of Apprenticeship has approved a set of National Guidelines for Apprenticeship Standards developed by a national committee or organization, joint or unilateral, or policy or guideline used by local affiliates, as conforming to the standards of apprenticeship set forth in 29 CFR Section 29.5;
	2.	A registration agency has established that an individual is eligible for probationary employment as an apprentice under a registered apprenticeship program.
	3.	A registration agency has registered an apprenticeship program as evidenced by a certificate of registration or other written indicia;
	4.	A registration agency has determined that an apprenticeship has successfully met the requirements to receive an interim credential; or
	5.	A registration agency has determined that an individual has successfully completed an apprenticeship.
“Competency” shall mean the attainment of manual or technical skill and knowledge as specified by an occupational standard.
“Employer” shall mean any person or organization employing an apprentice whether or not such person or organization is a party to an apprenticeship agreement with the apprentice.
“Journeyworker” shall mean a worker who has attained a level of skill and competency recognized within an industry as having mastered the skills and competencies required for the occupation.
“Office of Apprenticeship” shall mean the office designated by the Employment and Training Administration to administer the National Apprenticeship System or its successor organization.
“Registration agency” shall mean the Office of Apprenticeship.
“Registration of an apprenticeship agreement” shall mean the acceptance and recording of an apprenticeship agreement by the Office of Apprenticeship as evidence of the apprentice’s participation in a particular registered apprenticeship program.
“Related instruction” or “related technical instruction” shall mean an organized and systematic form of instruction designed to provide the apprentice with the core knowledge of the theoretical and technical subjects related to the apprentice’s occupation. Such instruction may be given in a classroom through occupational or industrial courses, by correspondence courses of equivalent value, by electronic media, or by other forms of self-study approved by the registration agency.
“Sponsor” shall mean any person, association, committee or organization operating an apprenticeship program and in whose name the program is (or is to be) registered or approved.
“Supplemental instruction” shall mean instruction in non-core-related requirements; for example, job site management, leadership, communications, first aid/CPR, field trips, and new technologies.
[ARC 8646B, IAB 4/7/10, effective 5/12/10]
281—21.74(260C) Apprenticeship programs. For an apprenticeship program to be offered by a community college or a local educational agency, the program must be approved by the U.S. Department of Labor, Office of Apprenticeship, and meet all requirements outlined in the National Apprenticeship Act, 29 U.S.C. Section 50, 29 CFR Parts 29 and 30.
[ARC 8646B, IAB 4/7/10, effective 5/12/10]
The rules in this division are intended to implement Iowa Code section 260C.44 and the National Apprenticeship Act, 29 U.S.C. Section 50, and 29 CFR Parts 29 and 30.
DIVISION X
MISCELLANEOUS PROVISIONS
281—21.75(260C,82GA,SF358) Used motor vehicle dealer education program. An applicant for a license from the department of transportation as a used motor vehicle dealer shall complete a minimum of eight hours of prelicensing education program courses pursuant to 2007 Iowa Acts, Senate File 358, prior to submitting the application. The education program courses are provided by community colleges or by the Iowa Independent Automobile Dealers Association in conjunction with a community college. The fee for both the prelicensing education program courses and continuing education courses shall not exceed $50 per contact hour of instruction, which shall include course materials and administrative costs.
This rule is intended to implement Iowa Code chapter 260C and 2007 Iowa Acts, Senate File 358.
[Filed 1/11/66, amended 10/5/66, 10/10/66, 4/17/67, 3/11/74]
[Filed 11/20/81, Notice 9/30/81—published 12/9/81, effective 1/13/82]
[Filed 7/16/82, Notice 5/12/82—published 8/4/82, effective 9/8/82]
[Filed 9/15/83, Notice 7/20/83—published 10/12/83, effective 11/16/83]
[Filed 8/27/85, Notice 7/3/85—published 9/25/85, effective 10/30/85]
[Filed 12/13/85, Notice 11/6/85—published 1/1/86, effective 2/6/86]
[Filed 1/9/87, Notice 12/3/86—published 1/28/87, effective 10/1/87]
[Filed 6/12/87, Notice 5/6/87—published 7/1/87, effective 8/5/87]
[Filed 3/17/88, Notice 2/10/88—published 4/6/88, effective 7/1/88]
[Filed 8/19/88, Notice 6/29/88—published 9/7/88, effective 10/12/88]
[Filed 3/15/89, Notice 2/8/89—published 4/5/89, effective 7/1/89]
[Filed 3/13/90, Notice 2/7/90—published 4/4/90, effective 7/1/90]
[Filed emergency 3/14/91—published 4/3/91, effective 3/14/91]
[Filed 3/15/91, Notice 2/6/91—published 4/3/91, effective 5/8/91]
[Filed 8/16/91, Notice 5/29/91—published 9/4/91, effective 10/9/91]
[Filed 9/13/91, Notice 2/6/91—published 10/2/91, effective 11/6/91]
[Filed emergency 12/20/91—published 1/8/92, effective 12/20/91]
[Filed emergency 1/7/92—published 2/5/92, effective 1/7/92]
[Filed 3/13/92, Notice 1/8/92—published 4/1/92, effective 5/6/92]
[Filed 4/15/94, Notice 1/19/94—published 5/11/94, effective 6/15/94]
[Filed 7/12/95, Notice 3/1/95—published 8/2/95, effective 9/9/95]
[Filed 8/8/97, Notice 6/4/97—published 8/27/97, effective 10/1/97]
[Filed 9/16/98, Notice 7/15/98—published 10/7/98, effective 11/11/98]◊
[Filed emergency 8/4/00—published 8/23/00, effective 8/7/00]
[Filed 8/2/02, Notice 6/26/02—published 8/21/02, effective 9/25/02]
[Filed 11/21/02, Notice 10/2/02—published 12/11/02, effective 1/15/03]
[Filed 5/9/03, Notice 4/2/03—published 5/28/03, effective 7/2/03]
[Filed 11/19/03, Notice 9/17/03—published 12/10/03, effective 1/14/04]
[Filed 11/14/07, Notice 8/15/07—published 12/5/07, effective 1/9/08]◊
[Filed 11/20/08, Notice 8/27/08—published 12/17/08, effective 1/21/09]
[Filed ARC 8646B (Notice ARC 8390B, IAB 12/16/09), IAB 4/7/10, effective 5/12/10]
[Filed ARC 9901B (Notice ARC 9686B, IAB 8/24/11), IAB 12/14/11, effective 1/18/12]
[Filed ARC 0687C (Notice ARC 0531C, IAB 12/12/12), IAB 4/17/13, effective 5/22/13]
[Filed ARC 1433C (Notice ARC 1340C, IAB 2/19/14), IAB 4/30/14, effective 6/4/14]
[Filed ARC 2021C (Notice ARC 1879C, IAB 2/18/15), IAB 6/10/15, effective 7/15/15]
[Filed ARC 3288C (Notice ARC 3087C, IAB 6/7/17), IAB 8/30/17, effective 10/4/17]
[Filed ARC 3982C (Notice ARC 3824C, IAB 6/6/18), IAB 8/29/18, effective 10/3/18]
◊	Two or more ARCs