House Study Bill 161 - Introduced SENATE/HOUSE FILE _____ BY (PROPOSED DEPARTMENT OF EDUCATION BILL) A BILL FOR An Act relating to the duties and operations of the state’s 1 community colleges. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 1220XD (8) 84 kh/sc
S.F. _____ H.F. _____ Section 1. Section 8A.318, subsection 3, paragraph c, Code 1 2011, is amended to read as follows: 2 c. A school district, community college, or institution 3 under the control of the state board of regents may, based upon 4 the evaluation and assessment conducted pursuant to paragraph 5 “b” , opt out of compliance with the requirements of this section 6 upon the affirmative vote of a majority of the members of the 7 board of directors of the school district or a determination by 8 the president of the community college or by the president or 9 administrative officer of the regents institution. A school 10 district, community college, or regents institution opting 11 out of compliance pursuant to this paragraph shall notify the 12 department of education, the state board for community colleges 13 of education , or the state board of regents, respectively as 14 appropriate , of this decision. 15 Sec. 2. Section 16.162, Code 2011, is amended to read as 16 follows: 17 16.162 Authority to issue community college dormitory bonds 18 and notes. 19 The authority shall assist a community college or the state 20 board for community colleges of education as provided in 21 chapter 260C , and the authority shall have all of the powers 22 delegated to it in a chapter 28E agreement by a community 23 college board of directors, the state board for community 24 colleges of education , or a private developer contracting with 25 a community college to develop a housing facility, such as 26 a dormitory, for the community college, with respect to the 27 issuance or securing of bonds or notes as provided in sections 28 260C.71 and 260C.72 . 29 Sec. 3. Section 22.7, subsection 1, Code 2011, is amended 30 to read as follows: 31 1. Personal information in records regarding a student, 32 prospective student, or former student maintained, created, 33 collected or assembled by or for a school corporation or 34 educational institution maintaining such records. This 35 -1- LSB 1220XD (8) 84 kh/sc 1/ 8
S.F. _____ H.F. _____ subsection shall not be construed to prohibit a postsecondary 1 education institution from disclosing to a parent or guardian 2 information regarding a violation of a federal, state, or 3 local law, or institutional rule or policy governing the use 4 or possession of alcohol or a controlled substance if the 5 child is under the age of twenty-one years and the institution 6 determines that the student committed a disciplinary violation 7 with respect to the use or possession of alcohol or a 8 controlled substance regardless of whether that information is 9 contained in the student’s education records. This subsection 10 shall not be construed to prohibit a school corporation or 11 educational institution from transferring student records 12 electronically to the department of education, an accredited 13 nonpublic school, an attendance center, a school district, or 14 an accredited postsecondary institution in accordance with 15 section 256.9, subsection 47. 16 Sec. 4. Section 256.7, subsection 14, Code 2011, is amended 17 to read as follows: 18 14. Adopt rules which require Require each community 19 college which establishes a new jobs training project or 20 projects and receives funds derived from or associated with 21 the project or projects to establish a separate account to act 22 as a repository for any funds received and to report annually, 23 by January 15, to the general assembly on funds received and 24 disbursed during the preceding fiscal year in the form required 25 by the department . 26 Sec. 5. Section 256.7, subsection 23, Code 2011, is amended 27 to read as follows: 28 23. Adopt rules directing the community colleges to 29 annually and uniformly submit data from the most recent fiscal 30 year to the division of community colleges and workforce 31 preparation, using criteria determined and prescribed by the 32 division via the management information system. 33 a. Financial data submitted to the division by a community 34 college shall be broken down by fund. 35 -2- LSB 1220XD (8) 84 kh/sc 2/ 8
S.F. _____ H.F. _____ b. Community colleges shall provide data to the division 1 by a deadline set by the division. The deadline shall be set 2 for a date that permits the division to include the data in 3 a report submitted for state board approval and for review 4 by December 15 of each year by the house and senate standing 5 education committees and the joint subcommittee on education 6 appropriations. 7 c. The department shall include a statewide summary of the 8 financial data submitted in accordance with paragraph “a” in 9 the annual condition of community colleges report, which upon 10 approval of the state board, shall be submitted to the general 11 assembly on or before February 1 of each year. 12 Sec. 6. Section 259A.3, Code 2011, is amended to read as 13 follows: 14 259A.3 Notice and fee. 15 Any applicant who has achieved the minimum passing standards 16 as established by the department, and approved by the state 17 board, shall be issued a high school equivalency diploma by the 18 department upon payment of an additional five dollars amount 19 determined in rules adopted by the state board of education 20 to cover the actual costs of the production and distribution 21 of the diploma . The state board of education may also by 22 rule establish a fee for the issuance or verification of a 23 transcript which shall be based on the actual costs of the 24 production or verification of a transcript. 25 Sec. 7. Section 260C.4, unnumbered paragraph 1, Code 2011, 26 is amended to read as follows: 27 The state board for community colleges shall: 28 Sec. 8. Section 260C.48, subsection 2, Code 2011, is amended 29 to read as follows: 30 2. Standards developed shall include a provision that 31 the standard academic workload full-time teaching load 32 for an instructor in arts and science sciences courses 33 shall be fifteen credit hours per school term semester, or 34 the equivalent , and the maximum academic workload for any 35 -3- LSB 1220XD (8) 84 kh/sc 3/ 8
S.F. _____ H.F. _____ instructor shall be sixteen credit hours per school term, 1 for classes taught during the normal school day semester, or 2 the equivalent . In addition thereto, any faculty member may 3 teach a course or courses at times other than the regular 4 school week, involving total class instruction time equivalent 5 to not more than a three-credit-hour course. The total 6 workload for such instructors shall not exceed the equivalent 7 of eighteen credit hours per school term. An instructor may 8 also have an additional teaching assignment if the instructor 9 and the community college administration mutually consent to 10 the additional assignment and the total teaching load does 11 not exceed twenty-two hours of credit per semester, or the 12 equivalent. 13 Sec. 9. Section 260C.71, subsection 2, Code 2011, is amended 14 to read as follows: 15 2. The authority shall cooperate with the state board for 16 community colleges , individual community colleges, and private 17 developers, acting in conjunction with a community college 18 to build housing facilities in connection with the community 19 college, in the creation, administration, and funding of a 20 community college dormitory bond program to finance housing 21 facilities, such as dormitories, in connection with a community 22 college. 23 Sec. 10. Section 260C.72, subsection 1, paragraph a, 24 subparagraphs (2), (3), (4), and (6), Code 2011, are amended 25 to read as follows: 26 (2) From the net rents, profits, and income which has 27 not been pledged for other purposes arising from any similar 28 housing facility under the control and management of the 29 community college or state board for community colleges . 30 (3) From the fees or charges established by the community 31 college or state board for community colleges for students 32 attending the institution who are living in the housing 33 facility for which the obligation was incurred. 34 (4) From the income derived from gifts and bequests made to 35 -4- LSB 1220XD (8) 84 kh/sc 4/ 8
S.F. _____ H.F. _____ the institutions under the control of the community college or 1 state board for community colleges for such purposes. 2 (6) From the amounts payable to the authority, the community 3 college board of directors, the state board for community 4 colleges , or a private developer or operator, pursuant to a 5 loan agreement, lease agreement, or sale agreement. 6 Sec. 11. Section 261E.8, subsection 5, Code 2011, is amended 7 by striking the subsection. 8 Sec. 12. Section 262.9, subsection 33, unnumbered paragraph 9 1, Code 2011, is amended to read as follows: 10 In consultation with the state board for community colleges 11 established pursuant to section 260C.3 of education , establish 12 and enter into a collective statewide articulation agreement 13 with the community colleges established pursuant to chapter 14 260C , which shall provide for the seamless transfer of academic 15 credits from a completed associate of arts or associate of 16 science degree program offered by a community college to a 17 baccalaureate degree program offered by an institution of 18 higher education governed by the board. The board shall also 19 do the following: 20 Sec. 13. Section 266.39C, subsection 2, paragraph a, 21 subparagraph (5), Code 2011, is amended to read as follows: 22 (5) One representative of community colleges, appointed by 23 the state board for community colleges of education . 24 Sec. 14. Section 321J.3, subsection 1, paragraph c, Code 25 2011, is amended to read as follows: 26 c. The court may prescribe the length of time for the 27 evaluation and treatment or it may request that the community 28 college or other approved provider conducting the course 29 for drinking drivers which the person is ordered to attend 30 or the treatment program to which the person is committed 31 immediately report to the court when the person has received 32 maximum benefit from the course for drinking drivers or 33 treatment program or has recovered from the person’s addiction, 34 dependency, or tendency to chronically abuse alcohol or drugs. 35 -5- LSB 1220XD (8) 84 kh/sc 5/ 8
S.F. _____ H.F. _____ Sec. 15. Section 321J.17, subsection 2, paragraph b, Code 1 2011, is amended to read as follows: 2 b. The court or department may request that the community 3 college or substance abuse treatment providers licensed under 4 chapter 125 or other approved provider conducting the course 5 for drinking drivers that the person is ordered to attend 6 immediately report to the court or department that the person 7 has successfully completed the course for drinking drivers. 8 The court or department may request that the treatment program 9 which the person attends periodically report on the defendant’s 10 attendance and participation in the program, as well as the 11 status of treatment or rehabilitation. 12 Sec. 16. Section 321J.22, subsection 1, Code 2011, is 13 amended by adding the following new paragraph: 14 NEW PARAGRAPH . 0a. “Approved provider” means a provider of 15 a course for drinking drivers offered outside this state which 16 has been approved by the department of education. 17 Sec. 17. Section 321J.22, subsection 2, Code 2011, is 18 amended by adding the following new paragraph: 19 NEW PARAGRAPH . 0d. The department of education may approve 20 a provider of a course for drinking drivers offered outside 21 this state upon proof to the department’s satisfaction that the 22 course is comparable to those offered by community colleges, 23 substance abuse treatment programs licensed under chapter 125, 24 and state correctional facilities as provided in this section. 25 The department shall comply with the requirements of subsection 26 5 regarding such approved providers. 27 Sec. 18. REPEAL. Section 256.31, Code 2011, is repealed. 28 Sec. 19. REPEAL. Section 260C.3, Code 2011, is repealed. 29 EXPLANATION 30 This bill makes miscellaneous changes to Code provisions 31 relating to community colleges as follows: 32 CONFIDENTIAL RECORDS. Code section 22.7(1) is amended 33 to establish that the provision does not prohibit a school 34 corporation or educational institution from transferring 35 -6- LSB 1220XD (8) 84 kh/sc 6/ 8
S.F. _____ H.F. _____ student records electronically to other school corporations or 1 educational institutions in accordance with the department of 2 education’s comprehensive management information system and 3 uniform coding and reporting system. 4 COMMUNITY COLLEGE COUNCIL. Code section 256.31, which 5 establishes a community college council to assist the state 6 board of education with issues related to community colleges 7 and prepare a five-year statewide strategic plan, is repealed. 8 HIGH SCHOOL EQUIVALENCY DIPLOMA FEE. Code section 259A.3 9 is amended to replace the $5 fee the department of education 10 charges for issuance of a high school equivalency diploma with 11 an amount to be determined by the state board of education to 12 cover the costs of producing and distributing the diploma. The 13 bill also permits the state board to establish a fee for the 14 issuance or verification of a transcript based on the actual 15 costs of production or verification of a transcript. 16 STATE BOARD FOR COMMUNITY COLLEGES. Code section 260C.3 17 states that the state board of education constitutes the 18 state board for community colleges. The bill repeals the 19 Code section and amends Code sections 8A.318, 16.162, 260C.4, 20 260C.71, 260C.72, 262.9, and 266.39C to replace references to 21 the state board for community colleges with references to the 22 state board of education. 23 APPROVED COURSES FOR DRINKING DRIVERS. Code sections 321J.3 24 and 321J.17 are amended to include as providers of drinking 25 driver courses supervised and approved by the department of 26 education “other approved providers”, which the bill defines 27 in Code section 321J.22 as providers of courses offered 28 out of state. The providers of out-of-state courses must 29 prove to the department’s satisfaction that the course is 30 comparable to those offered by community colleges and substance 31 abuse treatment programs. The bill establishes that other 32 approved providers may be requested to meet the same reporting 33 requirements as the community colleges and substance abuse 34 treatment programs. 35 -7- LSB 1220XD (8) 84 kh/sc 7/ 8
S.F. _____ H.F. _____ REPORTS. The bill eliminates the requirement from Code 1 section 256.7(14) that each community college which establishes 2 a new jobs training project and receives funds from the project 3 report by January 15 annually to the general assembly on the 4 funds received and disbursed. Code section 256.7(23) is 5 amended to add a requirement that the department of education 6 include in its annual condition of community colleges report a 7 statewide summary of the financial data it receives from the 8 community colleges and to submit the report to the general 9 assembly on or before February 1. 10 TEACHING LOAD LIMITS. Code section 260C.48 is amended 11 to provide that the full-time teaching load, rather than the 12 standard academic workload, for arts and sciences instructors 13 is 15 credit hours, with a maximum academic workload of 16 14 credit hours. Also, the bill strikes language that permits 15 a faculty member to teach a course at times other than the 16 regular school week for not more than a three-credit-hour 17 course, not to exceed 18 credit hours, and replaces it 18 with language that instead permits an instructor to have an 19 additional teaching assignment provided that (1) both the 20 community college and the instructor mutually consent to the 21 additional assignment and (2) the total teaching load does not 22 exceed 22 credit hours. 23 TRANSPORTATION OF A STUDENT UNDER A DISTRICT-TO-COMMUNITY 24 COLLEGE SHARING OR CONCURRENT ENROLLMENT PROGRAM. Code 25 section 261E.8(5), which requires the parent or legal guardian 26 of a student who is attending a community college under a 27 district-to-community college sharing or concurrent enrollment 28 program to furnish transportation to and from the community 29 college for the student, is stricken. 30 -8- LSB 1220XD (8) 84 kh/sc 8/ 8