Senate File 41 - Introduced SENATE FILE 41 BY ZAUN A BILL FOR An Act prohibiting tenure systems at public postsecondary 1 educational institutions, and including applicability 2 provisions. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 1654XS (3) 89 kh/jh

S.F. 41 Section 1. Section 260C.36, Code 2021, is amended by adding 1 the following new subsection: 2 NEW SUBSECTION . 5. This section shall not be construed to 3 authorize the board of directors of the community college to 4 establish a tenure system for any employee of the community 5 college. 6 Sec. 2. Section 262.9, Code 2021, is amended by adding the 7 following new subsection: 8 NEW SUBSECTION . 39. Prohibit, at each institution of 9 higher learning governed by the state board of regents, 10 the establishment or continuation of a tenure system for 11 any employee of the institution. Acceptable grounds for 12 termination of employment of any member of the faculty 13 shall include but not be limited to just cause, program 14 discontinuance, and financial exigency. Each institution of 15 higher learning governed by the board shall adopt a written 16 statement enumerating employment agreements, annual performance 17 evaluations of all faculty members, minimum standards of good 18 practice, standards for review and discipline of faculty 19 members, and policies with regard to dismissal for cause, 20 program discontinuance, and financial exigency. The dean of 21 a college at an institution governed by the state board of 22 regents and the president of the institution shall employ 23 faculty as necessary to carry out the academic duties and 24 responsibilities of the college. 25 Sec. 3. Section 262.12, Code 2021, is amended to read as 26 follows: 27 262.12 Committees and administrative offices under board. 28 The board of regents shall also have and exercise all 29 the powers necessary and convenient for the effective 30 administration of its office and of the institutions under 31 its control, and to this end may create such committees, 32 offices and agencies from its own members or others, and employ 33 persons to staff the same, fix their compensation and tenure 34 and delegate thereto, or to the administrative officers and 35 -1- LSB 1654XS (3) 89 kh/jh 1/ 3

S.F. 41 faculty of the institutions under its control, such part of the 1 authority and duties vested by statute in the board, and shall 2 formulate and establish such rules, outline such policies and 3 prescribe such procedures therefor, all as may be desired or 4 determined by the board as recorded in their minutes. 5 Sec. 4. Section 262.82, subsection 2, Code 2021, is amended 6 to read as follows: 7 2. The board of regents shall also establish a program 8 to create faculty opportunities for women educators at the 9 universities under the board’s control. The program shall 10 include but is not limited to the creation of faculty positions 11 in targeted shortage areas. The board of regents shall also 12 develop and implement, in consultation with appropriate faculty 13 representatives, tenure, promotion , and hiring policies that 14 recognize the unique needs of faculty members who are principal 15 caregivers to dependents. 16 Sec. 5. APPLICABILITY. The section of this Act amending 17 section 262.9 does not apply to a faculty member who entered 18 into an employment contract with an institution of higher 19 learning governed by the state board of regents prior to July 20 1, 2021, unless such contract is renewed on or after July 1, 21 2021. 22 EXPLANATION 23 The inclusion of this explanation does not constitute agreement with 24 the explanation’s substance by the members of the general assembly. 25 This bill directs the state board of regents to prohibit 26 the establishment or continuation of a tenure system at the 27 regents universities for any employee of a regents university, 28 and provides that the provision in the Code which authorizes 29 community college administrations to establish quality faculty 30 planning committees shall not be construed to authorize a 31 community college to establish a tenure system for any employee 32 of the community college. 33 The bill provides that acceptable grounds for termination 34 of employment of any member of a regents university’s faculty 35 -2- LSB 1654XS (3) 89 kh/jh 2/ 3

S.F. 41 shall include but not be limited to just cause, program 1 discontinuance, and financial exigency. Each university is 2 directed to adopt a written statement enumerating employment 3 agreements, annual performance evaluations of all faculty 4 members, minimum standards of good practice, standards for 5 review and discipline of faculty members, and policies with 6 regard to dismissal for cause, program discontinuance, and 7 financial exigency. The bill provides that each dean of a 8 college at a regents university and the president of the 9 university shall employ faculty as necessary to carry out the 10 academic duties and responsibilities of the college. 11 The provision relating to faculty members employed by 12 regents universities does not apply to a faculty member who 13 entered into an employment contract with a regents university 14 prior to July 1, 2021, unless such contract is renewed on or 15 after July 1, 2021. 16 The bill makes corresponding changes in the Code. 17 -3- LSB 1654XS (3) 89 kh/jh 3/ 3