House File 2327 - Introduced HOUSE FILE 2327 BY GRASSLEY , COLLINS , NORDMAN , WHEELER , HORA , GEHLBACH , HOLT , KAUFMANN , BODEN , BOSSMAN , HAYES , THOMSON , GERHOLD , JOHNSON , STOLTENBERG , KNIFF MCCULLA , DUNWELL , GUSTOFF , FISHER , OSMUNDSON , DETERMANN , RINKER , STONE , WULF , CARLSON , SHIPLEY , BEST , BRADLEY , P. THOMPSON , MEGGERS , WILLS , HENDERSON , M. THOMPSON , MOMMSEN , and JENEARY A BILL FOR An Act relating to higher education, including diversity, 1 equity, and inclusion policies, tuition, and administrator 2 hiring at state universities, membership of the state board 3 of regents, and student-employer work and tuition programs 4 at state universities and community colleges. 5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 6 TLSB 5335YH (8) 90 jda/jh

H.F. 2327 Section 1. Section 260C.14, Code 2024, is amended by adding 1 the following new subsection: 2 NEW SUBSECTION . 25. Establish a program that satisfies all 3 of the following requirements: 4 a. Allows students admitted to the community college to 5 complete the community college’s associate’s degree program 6 while working part-time for an employer registered under the 7 program. 8 b. Requires the student and a representative of the 9 student’s employer to execute an agreement that requires the 10 student to work part-time for the student’s employer for at 11 least one calendar year and that describes the rights and 12 responsibilities of the student and the employer under the 13 program. 14 c. Requires the student’s employer to pay all of the tuition 15 and mandatory fees associated with the student’s participation 16 in the associate’s degree program during the fall and spring 17 semesters. 18 d. Requires the student’s employer to pay the student a rate 19 of compensation that shall not be less than the higher of the 20 applicable federal or state minimum wage. 21 Sec. 2. Section 262.1, Code 2024, is amended to read as 22 follows: 23 262.1 Membership. 24 1. The state board of regents consists of nine voting 25 members, eight of whom shall be selected from the state at 26 large solely with regard to their qualifications and fitness 27 to discharge the duties of the office. The ninth member shall 28 be a student enrolled on a full-time basis in good standing 29 at either the graduate or undergraduate level at one of the 30 institutions listed in section 262.7, subsection 1, 2, or 3 , 31 at the time of the member’s appointment. Not more than five 32 members shall be of the same political party. 33 2. In addition to the nine voting members, the membership 34 of the state board of regents shall include two ex officio, 35 -1- LSB 5335YH (8) 90 jda/jh 1/ 11

H.F. 2327 nonvoting members of the general assembly, with one member 1 designated by the majority leader of the senate and one member 2 designated by the speaker of the house of representatives. A 3 legislative member serves for a term as provided in section 4 69.16B. 5 Sec. 3. Section 262.2, Code 2024, is amended to read as 6 follows: 7 262.2 Appointment —— term of office. 8 The voting members shall be appointed by the governor 9 subject to confirmation by the senate. Prior to appointing 10 the ninth member as specified in section 262.1 , subsection 1, 11 the governor shall consult with the appropriate student body 12 government at the institution at which the proposed appointee 13 is enrolled. The term of each voting member of the board 14 shall be for six years, unless the ninth member, appointed 15 in accordance with section 262.1 , subsection 1, graduates or 16 is no longer enrolled at an institution of higher education 17 under the board’s control, at which time the term of the 18 ninth member shall expire one year from the date on which the 19 member graduates or is no longer enrolled in an institution 20 of higher education under the board’s control. However, if 21 within that year the ninth member reenrolls in any institution 22 of higher education under the board’s control on a full-time 23 basis and is a student in good standing at either the graduate 24 or undergraduate level, the term of the ninth member shall 25 continue in effect. The terms of three voting members of the 26 board shall begin and expire in each odd-numbered year as 27 provided in section 69.19 . 28 Sec. 4. Section 262.4, Code 2024, is amended to read as 29 follows: 30 262.4 Removals. 31 The governor, with the approval of a majority of the senate 32 during a session of the general assembly, may remove any voting 33 member of the board for malfeasance in office, or for any cause 34 which would render the voting member ineligible for appointment 35 -2- LSB 5335YH (8) 90 jda/jh 2/ 11

H.F. 2327 or incapable or unfit to discharge the duties of office, and 1 the voting member’s removal, when so made, shall be final. 2 Sec. 5. Section 262.5, Code 2024, is amended to read as 3 follows: 4 262.5 Suspension. 5 When the general assembly is not in session, the governor 6 may suspend any voting member so disqualified and shall appoint 7 another to fill the vacancy thus created, subject to the 8 approval of the senate when next in session. 9 Sec. 6. Section 262.6, Code 2024, is amended to read as 10 follows: 11 262.6 Vacancies. 12 Vacancies shall be filled in the same manner in which 13 regular appointments are required to be made. If the ninth 14 voting member resigns prior to the expiration of the term, 15 the individual appointed to fill the vacancy shall meet the 16 requirements for the ninth voting member specified in section 17 262.1 , subsection 1 . Other vacancies in the voting members 18 occurring prior to the expiration of the ninth voting member’s 19 term shall be filled in the same manner as the original 20 appointments for those vacancies. 21 Sec. 7. Section 262.8, Code 2024, is amended to read as 22 follows: 23 262.8 Meetings. 24 The board shall meet four times a year. Special meetings 25 may be called by the board, by the president of the board, or 26 by the executive director of the board upon written request of 27 any five voting members thereof. 28 Sec. 8. Section 262.9, subsections 2 and 22, Code 2024, are 29 amended to read as follows: 30 2. a. Elect a president of each of the institutions of 31 higher learning; a treasurer and a secretarial officer for each 32 institution annually; professors, instructors, officers, and 33 employees; and fix their compensation. 34 b. (1) When electing a president of an institution of 35 -3- LSB 5335YH (8) 90 jda/jh 3/ 11

H.F. 2327 higher learning, the board shall use a presidential selection 1 committee that shall provide the board with recommendations 2 related to the best candidate for the position. The board 3 shall not elect a president of an institution of higher 4 learning unless the presidential selection committee 5 recommended the election of the president to the board. 6 (2) Only members of the board shall serve as members of the 7 presidential selection committee. 8 (3) In carrying out its duties under this paragraph, the 9 presidential selection committee may do any of the following: 10 (a) Contract for and use the services of any person engaged 11 in the business of placing highly qualified job candidates in 12 leadership positions. 13 (b) Use moneys allocated to the committee by the board. 14 (4) The identity of a candidate for president of an 15 institution of higher learning being considered by the 16 presidential selection committee shall be confidential and 17 shall not be a public record subject to disclosure under 18 chapter 22. 19 22. a. Develop a policy and adopt rules relating to the 20 establishment of tuition rates which provide a predictable 21 basis for assessing and anticipating changes in tuition rates. 22 b. (1) The rules shall provide that an institution of 23 higher education under the board’s control shall not increase 24 the total amount of tuition and mandatory fees associated with 25 the baccalaureate degree program by more than three percent of 26 the total amount of tuition and mandatory fees the institution 27 charged during the immediately preceding academic year. 28 Sec. 9. Section 262.9, Code 2024, is amended by adding the 29 following new subsections: 30 NEW SUBSECTION . 39. a. Direct the institutions of higher 31 education under its control to adopt policies and procedures 32 that prohibit the institution from hiring any new employee to 33 serve as an administrator unless the board approves the hiring 34 of the new employee. 35 -4- LSB 5335YH (8) 90 jda/jh 4/ 11

H.F. 2327 b. The policies and procedures adopted pursuant to paragraph 1 “a” shall not prohibit an institution of higher education under 2 the control of the state board of regents from filling an open 3 administrator position with an administrator who is currently 4 employed by the institution of higher education. 5 c. For purposes of this subsection, “administrator” 6 means an employee whose primary job duties include planning, 7 directing, coordinating student instruction, administration, 8 and services, as well as other research and educational 9 activities. “Administrator” does not include the president of 10 the institution of higher education. 11 NEW SUBSECTION . 40. Direct the institutions of higher 12 education under its control to establish a program at each 13 institution that satisfies all of the following requirements: 14 a. Allows students admitted to the baccalaureate degree 15 program at the institution to complete the baccalaureate degree 16 program while working part-time for an employer registered 17 under the program. 18 b. Requires the student and a representative of the 19 student’s employer to execute an agreement that requires the 20 student to work part-time for the student’s employer for at 21 least one calendar year and that describes the rights and 22 responsibilities of the student and the employer under the 23 program. 24 c. Requires the student’s employer to pay all of the tuition 25 and mandatory fees associated with the student’s participation 26 in the baccalaureate degree program during the fall and spring 27 semesters. 28 d. Requires the student’s employer to pay the student a rate 29 of compensation that shall not be less than the higher of the 30 applicable federal or state minimum wage. 31 NEW SUBSECTION . 41. Direct the institutions of higher 32 education under its control to structure university-wide 33 diversity, equity, and inclusion offices to eliminate any 34 diversity, equity, and inclusion function that is not necessary 35 -5- LSB 5335YH (8) 90 jda/jh 5/ 11

H.F. 2327 for compliance with federal or state laws or accreditation. 1 The institutions of higher education shall make the support 2 services that were provided by such offices broadly available 3 to all students and employees, subject to applicable federal 4 and state eligibility requirements. 5 NEW SUBSECTION . 42. Direct the institutions of higher 6 education under its control to regularly do all of the 7 following: 8 a. Review the services provided by offices that support 9 diversity or multicultural affairs in other divisions of the 10 institution to ensure that such services are available to all 11 students, subject to applicable federal or state eligibility 12 requirements. 13 b. Update promotional and informational materials and 14 internet sites to clarify that the mission of offices that 15 support diversity or multicultural affairs in other divisions 16 of the institution is to support success broadly. 17 NEW SUBSECTION . 43. Direct the institutions of higher 18 education under its control to take reasonable steps to assure 19 all of the following: 20 a. That an employee, student, applicant, or campus visitor 21 is not required to submit a diversity, equity, and inclusion 22 statement, or be evaluated based on participation in a 23 diversity, equity, and inclusion initiative, unless required 24 for compliance or accreditation related to diversity, equity, 25 and inclusion. 26 b. That an employee, student, applicant, or campus visitor 27 is not compelled to disclose the employee’s, student’s, 28 applicant’s, or campus visitor’s preferred pronouns. 29 NEW SUBSECTION . 44. Develop a policy that each 30 institution of higher education under the control of the board 31 shall approve, institute, and enforce, that prohibits the 32 consideration of race and other protected class characteristics 33 during the admissions process that is consistent with current 34 federal and state law. 35 -6- LSB 5335YH (8) 90 jda/jh 6/ 11

H.F. 2327 NEW SUBSECTION . 45. Develop a policy that each institution 1 of higher education under the control of the board shall 2 approve, institute, and enforce, that contains guidance for 3 employees of each institution related to the separation of 4 personal political advocacy from the employee’s job duties and 5 the business of the institution. 6 NEW SUBSECTION . 46. Direct the institutions of higher 7 education under its control to adopt policies and procedures 8 that are designed to explore potential recruitment strategies 9 to advance the diversity of intellectual and philosophical 10 perspectives in faculty and staff applicant pools. 11 NEW SUBSECTION . 47. Provide an annual notice to the 12 institutions of higher education under its control concerning 13 the board’s policy related to institution statements on matters 14 of public concern. 15 Sec. 10. INSTITUTIONS OF HIGHER EDUCATION GOVERNED BY THE 16 STATE BOARD OF REGENTS —— REQUIRED REVIEWS. 17 1. On or before December 31, 2024, each institution of 18 higher education governed by the state board of regents shall 19 do all of the following: 20 a. Review all college, department, and unit-level 21 diversity, equity, and inclusion positions to determine whether 22 diversity, equity, and inclusion-specific job responsibilities 23 are necessary for compliance with federal or state law, 24 accreditation, or for the provision of student or employee 25 support services. 26 b. Adjust or eliminate any diversity, equity, and inclusion 27 position that is not necessary for those purposes described in 28 paragraph “a”. 29 c. Review all employee position names and working titles to 30 ensure that the position names and working titles appropriately 31 reflect the employee’s responsibilities. 32 2. Each institution of higher education governed by the 33 state board of regents shall initiate and conduct a review of 34 general education categories related to diversity, equity, and 35 -7- LSB 5335YH (8) 90 jda/jh 7/ 11

H.F. 2327 inclusion and update such categories to accurately reflect the 1 array of options students may select in order to satisfy the 2 requirements associated with such categories and to ensure a 3 breadth of offerings. 4 Sec. 11. INSTITUTIONS OF HIGHER EDUCATION GOVERNED BY THE 5 STATE BOARD OF REGENTS —— EDUCATION AND RESEARCH ON FREE SPEECH 6 AND CIVIC EDUCATION PROPOSAL. Each institution of higher 7 education governed by the state board of regents shall develop 8 and submit to the state board of regents a proposal related to 9 the establishment of a center, institute, or initiative that is 10 dedicated to expanding opportunities for education and research 11 concerning freedom of speech and civic education. 12 EXPLANATION 13 The inclusion of this explanation does not constitute agreement with 14 the explanation’s substance by the members of the general assembly. 15 This bill relates to higher education, including diversity, 16 equity, and inclusion policies, tuition, and administrator 17 hiring at state universities, membership of the state board 18 of regents, and student-employer work and tuition programs at 19 state universities and community colleges. 20 The bill requires community colleges and the institutions 21 of higher education governed by the state board of regents 22 to establish a program that allows students admitted to the 23 community college or institution to complete an associate’s or 24 baccalaureate degree program while working part-time for an 25 employer registered under the program, requires the student 26 and a representative of the student’s employer to execute 27 an agreement containing specified provisions, requires the 28 student’s employer to pay all of the tuition and mandatory fees 29 associated with the student’s participation in the associate’s 30 or baccalaureate degree program during the fall and spring 31 semesters, and requires the student’s employer to pay the 32 student a rate of compensation that is not less than the higher 33 of the applicable federal or state minimum wage. 34 The bill modifies the membership of the state board of 35 -8- LSB 5335YH (8) 90 jda/jh 8/ 11

H.F. 2327 regents by adding two ex officio, nonvoting members of the 1 general assembly. The bill provides that one of these members 2 shall be designated by the majority leader of the senate and 3 the other member shall be designated by the speaker of the 4 house of representatives. The bill makes conforming changes. 5 Current law requires the state board of regents to elect a 6 president of each institution of higher learning. The bill 7 provides that, when electing the president, the state board of 8 regents shall utilize a presidential selection committee that 9 is required to provide the board with recommendations related 10 to the best candidate for the position. The bill prohibits 11 the state board of regents from electing a president unless 12 the presidential selection committee recommended the election 13 of the president. The bill establishes that only members 14 of the state board of regents shall serve as members of the 15 presidential selection committee. The bill authorizes the 16 presidential selection committee to utilize the services of any 17 person engaged in the business of placing highly qualified job 18 candidates in leadership positions and to use moneys allocated 19 to the committee by the state board of regents. The bill 20 establishes that the identity of a candidate for president 21 of an institution of higher learning being considered by the 22 presidential selection committee shall be confidential and 23 shall not be a public record subject to disclosure. 24 Current law requires the state board of regents to develop 25 a policy and adopt rules relating to the establishment of 26 tuition rates. The bill requires these rules to provide that 27 an institution of higher education shall not increase the 28 total amount of tuition and mandatory fees associated with 29 the baccalaureate degree program by more than 3 percent of 30 the total amount of tuition and mandatory fees charged by the 31 institution during the immediately preceding academic year. 32 The bill makes several modifications to the duties of 33 the state board of regents, including requiring the board to 34 do all of the following: direct the institutions of higher 35 -9- LSB 5335YH (8) 90 jda/jh 9/ 11

H.F. 2327 education to adopt policies that prohibit the institution from 1 hiring any new employees to serve as administrators, with the 2 exception of the position of president of the university; 3 direct the institutions to structure university-wide diversity, 4 equity, and inclusion offices; direct the institutions to 5 regularly review the services provided by offices that support 6 diversity or multicultural affairs to ensure that such services 7 are available to all students and update promotional and 8 informational materials and internet sites to clarify the 9 mission of offices that support diversity or multicultural 10 affairs; direct the institutions to take reasonable steps 11 to assure that an employee, student, applicant, or campus 12 visitor is not required to submit a diversity, equity, and 13 inclusion statement, or be evaluated based on participation 14 in a diversity, equity, and inclusion initiative, and that 15 an employee, student, applicant, or campus visitor is not 16 compelled to disclose preferred pronouns; develop a policy 17 that each institution shall institute that prohibits the 18 consideration of race and other protected class characteristics 19 during the admissions process that is consistent with current 20 federal and state law; develop a policy that each institution 21 shall institute that contains guidance for employees of each 22 institution related to the separation of personal political 23 advocacy from the employee’s job duties and the business of 24 the institution; direct the institutions to adopt policies and 25 procedures that are designed to explore potential recruitment 26 strategies to advance the diversity of intellectual and 27 philosophical perspectives in faculty and staff applicant 28 pools; and provide an annual notice to the institutions 29 concerning the board’s policy related to institution statements 30 on matters of public concern. 31 The bill requires each institution of higher education 32 governed by the state board of regents to review all college, 33 department, and unit-level diversity, equity, and inclusion 34 positions to determine whether diversity, equity, and 35 -10- LSB 5335YH (8) 90 jda/jh 10/ 11

H.F. 2327 inclusion-specific job responsibilities are necessary for 1 compliance with federal or state law, accreditation, or for the 2 provision of student or employee support services, and adjust 3 or eliminate any such position that is not necessary for those 4 purposes, on or before December 31, 2024. 5 The bill requires each institution of higher education 6 governed by the state board of regents to initiate and conduct 7 a review of general education categories related to diversity, 8 equity, and inclusion and update such categories to accurately 9 reflect the array of options students may select in order to 10 satisfy the requirements associated with such categories and to 11 ensure a breadth of offerings. 12 The bill requires each institution of higher education 13 governed by the state board of regents to develop and submit 14 to the state board of regents a proposal related to the 15 establishment of a center, institute, or initiative that is 16 dedicated to expanding opportunities for education and research 17 concerning freedom of speech and civic education. 18 -11- LSB 5335YH (8) 90 jda/jh 11/ 11