HF 2327 (LSB 5335YH (8) 90)

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, equity, and inclusion policies, tuition, and administrator hiring at state universities, membership of the state board of regents, and student-employer work and tuition programs at state universities and community colleges.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 260C.14, Code 2024, is amended by adding the following new subsection:
   NEW SUBSECTION.  25.  Establish a program that satisfies all of the following requirements:
   a.  Allows students admitted to the community college to complete the community college’s associate’s degree program while working part-time for an employer registered under the program.
   b.  Requires the student and a representative of the student’s employer to execute an agreement that requires the student to work part-time for the student’s employer for at least one calendar year and that describes the rights and responsibilities of the student and the employer under the program.
   c.  Requires the student’s employer to pay all of the tuition and mandatory fees associated with the student’s participation in the associate’s degree program during the fall and spring semesters.
   d.  Requires the student’s employer to pay the student a rate of compensation that shall not be less than the higher of the applicable federal or state minimum wage.
    Sec. 2.  Section 262.1, Code 2024, is amended to read as follows:
   262.1  Membership.
   1.  The state board of regents consists of nine voting members, eight of whom shall be selected from the state at large solely with regard to their qualifications and fitness to discharge the duties of the office. The ninth member shall be a student enrolled on a full-time basis in good standing at either the graduate or undergraduate level at one of the institutions listed in section 262.7, subsection 1, 2, or 3, at the time of the member’s appointment. Not more than five members shall be of the same political party.
   2.  In addition to the nine voting members, the membership of the state board of regents shall include two ex officio, nonvoting members of the general assembly, with one member designated by the majority leader of the senate and one member designated by the speaker of the house of representatives. A legislative member serves for a term as provided in section 69.16B.
    Sec. 3.  Section 262.2, Code 2024, is amended to read as follows:
   262.2  Appointment —— term of office.
   The voting members shall be appointed by the governor subject to confirmation by the senate. Prior to appointing the ninth member as specified in section 262.1, subsection 1, the governor shall consult with the appropriate student body government at the institution at which the proposed appointee is enrolled. The term of each voting member of the board shall be for six years, unless the ninth member, appointed in accordance with section 262.1, subsection 1, graduates or is no longer enrolled at an institution of higher education under the board’s control, at which time the term of the ninth member shall expire one year from the date on which the member graduates or is no longer enrolled in an institution of higher education under the board’s control. However, if within that year the ninth member reenrolls in any institution of higher education under the board’s control on a full-time basis and is a student in good standing at either the graduate or undergraduate level, the term of the ninth member shall continue in effect. The terms of three voting members of the board shall begin and expire in each odd-numbered year as provided in section 69.19.
    Sec. 4.  Section 262.4, Code 2024, is amended to read as follows:
   262.4  Removals.
   The governor, with the approval of a majority of the senate during a session of the general assembly, may remove any voting member of the board for malfeasance in office, or for any cause which would render the voting member ineligible for appointment or incapable or unfit to discharge the duties of office, and the voting member’s removal, when so made, shall be final.
    Sec. 5.  Section 262.5, Code 2024, is amended to read as follows:
   262.5  Suspension.
   When the general assembly is not in session, the governor may suspend any voting member so disqualified and shall appoint another to fill the vacancy thus created, subject to the approval of the senate when next in session.
    Sec. 6.  Section 262.6, Code 2024, is amended to read as follows:
   262.6  Vacancies.
   Vacancies shall be filled in the same manner in which regular appointments are required to be made. If the ninth voting member resigns prior to the expiration of the term, the individual appointed to fill the vacancy shall meet the requirements for the ninth voting member specified in section 262.1, subsection 1. Other vacancies in the voting members occurring prior to the expiration of the ninth voting member’s term shall be filled in the same manner as the original appointments for those vacancies.
    Sec. 7.  Section 262.8, Code 2024, is amended to read as follows:
   262.8  Meetings.
   The board shall meet four times a year. Special meetings may be called by the board, by the president of the board, or by the executive director of the board upon written request of any five voting members thereof.
    Sec. 8.  Section 262.9, subsections 2 and 22, Code 2024, are amended to read as follows:
   2.  a.  Elect a president of each of the institutions of higher learning; a treasurer and a secretarial officer for each institution annually; professors, instructors, officers, and employees; and fix their compensation. 
   b.  (1)  When electing a president of an institution of higher learning, the board shall use a presidential selection committee that shall provide the board with recommendations related to the best candidate for the position. The board shall not elect a president of an institution of higher learning unless the presidential selection committee recommended the election of the president to the board.
   (2)  Only members of the board shall serve as members of the presidential selection committee.
   (3)  In carrying out its duties under this paragraph, the presidential selection committee may do any of the following:
   (a)  Contract for and use the services of any person engaged in the business of placing highly qualified job candidates in leadership positions.
   (b)  Use moneys allocated to the committee by the board.
   (4)  The identity of a candidate for president of an institution of higher learning being considered by the presidential selection committee shall be confidential and shall not be a public record subject to disclosure under chapter 22.
   22.  a.  Develop a policy and adopt rules relating to the establishment of tuition rates which provide a predictable basis for assessing and anticipating changes in tuition rates.
   b.  (1)  The rules shall provide that an institution of higher education under the board’s control shall not increase the total amount of tuition and mandatory fees associated with the baccalaureate degree program by more than three percent of the total amount of tuition and mandatory fees the institution charged during the immediately preceding academic year.
    Sec. 9.  Section 262.9, Code 2024, is amended by adding the following new subsections:
   NEW SUBSECTION.  39.  a.  Direct the institutions of higher education under its control to adopt policies and procedures that prohibit the institution from hiring any new employee to serve as an administrator unless the board approves the hiring of the new employee.
   b.  The policies and procedures adopted pursuant to paragraph “a” shall not prohibit an institution of higher education under the control of the state board of regents from filling an open administrator position with an administrator who is currently employed by the institution of higher education.
   c.  For purposes of this subsection, “administrator” means an employee whose primary job duties include planning, directing, coordinating student instruction, administration, and services, as well as other research and educational activities. “Administrator” does not include the president of the institution of higher education.
   NEW SUBSECTION.  40.  Direct the institutions of higher education under its control to establish a program at each institution that satisfies all of the following requirements:
   a.  Allows students admitted to the baccalaureate degree program at the institution to complete the baccalaureate degree program while working part-time for an employer registered under the program.
   b.  Requires the student and a representative of the student’s employer to execute an agreement that requires the student to work part-time for the student’s employer for at least one calendar year and that describes the rights and responsibilities of the student and the employer under the program.
   c.  Requires the student’s employer to pay all of the tuition and mandatory fees associated with the student’s participation in the baccalaureate degree program during the fall and spring semesters.
   d.  Requires the student’s employer to pay the student a rate of compensation that shall not be less than the higher of the applicable federal or state minimum wage.
   NEW SUBSECTION.  41.  Direct the institutions of higher education under its control to structure university-wide diversity, equity, and inclusion offices to eliminate any diversity, equity, and inclusion function that is not necessary for compliance with federal or state laws or accreditation. The institutions of higher education shall make the support services that were provided by such offices broadly available to all students and employees, subject to applicable federal and state eligibility requirements.
   NEW SUBSECTION.  42.  Direct the institutions of higher education under its control to regularly do all of the following:
   a.  Review the services provided by offices that support diversity or multicultural affairs in other divisions of the institution to ensure that such services are available to all students, subject to applicable federal or state eligibility requirements.
   b.  Update promotional and informational materials and internet sites to clarify that the mission of offices that support diversity or multicultural affairs in other divisions of the institution is to support success broadly.
   NEW SUBSECTION.  43.  Direct the institutions of higher education under its control to take reasonable steps to assure all of the following:
   a.  That an employee, student, applicant, or campus visitor is not required to submit a diversity, equity, and inclusion statement, or be evaluated based on participation in a diversity, equity, and inclusion initiative, unless required for compliance or accreditation related to diversity, equity, and inclusion.
   b.  That an employee, student, applicant, or campus visitor is not compelled to disclose the employee’s, student’s, applicant’s, or campus visitor’s preferred pronouns.
   NEW SUBSECTION.  44.  Develop a policy that each institution of higher education under the control of the board shall approve, institute, and enforce, that prohibits the consideration of race and other protected class characteristics during the admissions process that is consistent with current federal and state law.
   NEW SUBSECTION.  45.  Develop a policy that each institution of higher education under the control of the board shall approve, institute, and enforce, that contains guidance for employees of each institution related to the separation of personal political advocacy from the employee’s job duties and the business of the institution.
   NEW SUBSECTION.  46.  Direct the institutions of higher education under its control to adopt policies and procedures that are designed to explore potential recruitment strategies to advance the diversity of intellectual and philosophical perspectives in faculty and staff applicant pools.
   NEW SUBSECTION.  47.  Provide an annual notice to the institutions of higher education under its control concerning the board’s policy related to institution statements on matters of public concern.
    Sec. 10.  INSTITUTIONS OF HIGHER EDUCATION GOVERNED BY THE STATE BOARD OF REGENTS —— REQUIRED REVIEWS.
   1.  On or before December 31, 2024, each institution of higher education governed by the state board of regents shall do all of the following:
   a.  Review all college, department, and unit-level diversity, equity, and inclusion positions to determine whether diversity, equity, and inclusion-specific job responsibilities are necessary for compliance with federal or state law, accreditation, or for the provision of student or employee support services.
   b.  Adjust or eliminate any diversity, equity, and inclusion position that is not necessary for those purposes described in paragraph “a”.
   c.  Review all employee position names and working titles to ensure that the position names and working titles appropriately reflect the employee’s responsibilities.
   2.  Each institution of higher education governed by the state board of regents shall initiate and conduct a review of general education categories related to diversity, equity, and inclusion and update such categories to accurately reflect the array of options students may select in order to satisfy the requirements associated with such categories and to ensure a breadth of offerings.
    Sec. 11.  INSTITUTIONS OF HIGHER EDUCATION GOVERNED BY THE STATE BOARD OF REGENTS —— EDUCATION AND RESEARCH ON FREE SPEECH AND CIVIC EDUCATION PROPOSAL.  Each institution of higher education governed by the state board of regents shall develop and submit to the state board of regents a proposal related to the establishment of a center, institute, or initiative that is dedicated to expanding opportunities for education and research concerning freedom of speech and civic education.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill relates to higher education, including diversity, equity, and inclusion policies, tuition, and administrator hiring at state universities, membership of the state board of regents, and student-employer work and tuition programs at state universities and community colleges.
   The bill requires community colleges and the institutions of higher education governed by the state board of regents to establish a program that allows students admitted to the community college or institution to complete an associate’s or baccalaureate degree program while working part-time for an employer registered under the program, requires the student and a representative of the student’s employer to execute an agreement containing specified provisions, requires the student’s employer to pay all of the tuition and mandatory fees associated with the student’s participation in the associate’s or baccalaureate degree program during the fall and spring semesters, and requires the student’s employer to pay the student a rate of compensation that is not less than the higher of the applicable federal or state minimum wage.
   The bill modifies the membership of the state board of regents by adding two ex officio, nonvoting members of the general assembly. The bill provides that one of these members shall be designated by the majority leader of the senate and the other member shall be designated by the speaker of the house of representatives. The bill makes conforming changes.
   Current law requires the state board of regents to elect a president of each institution of higher learning. The bill provides that, when electing the president, the state board of regents shall utilize a presidential selection committee that is required to provide the board with recommendations related to the best candidate for the position. The bill prohibits the state board of regents from electing a president unless the presidential selection committee recommended the election of the president. The bill establishes that only members of the state board of regents shall serve as members of the presidential selection committee. The bill authorizes the presidential selection committee to utilize the services of any person engaged in the business of placing highly qualified job candidates in leadership positions and to use moneys allocated to the committee by the state board of regents. The bill establishes that the identity of a candidate for president of an institution of higher learning being considered by the presidential selection committee shall be confidential and shall not be a public record subject to disclosure.
   Current law requires the state board of regents to develop a policy and adopt rules relating to the establishment of tuition rates. The bill requires these rules to provide that an institution of higher education shall not increase the total amount of tuition and mandatory fees associated with the baccalaureate degree program by more than 3 percent of the total amount of tuition and mandatory fees charged by the institution during the immediately preceding academic year.
   The bill makes several modifications to the duties of the state board of regents, including requiring the board to do all of the following: direct the institutions of higher education to adopt policies that prohibit the institution from hiring any new employees to serve as administrators, with the exception of the position of president of the university; direct the institutions to structure university-wide diversity, equity, and inclusion offices; direct the institutions to regularly review the services provided by offices that support diversity or multicultural affairs to ensure that such services are available to all students and update promotional and informational materials and internet sites to clarify the mission of offices that support diversity or multicultural affairs; direct the institutions to take reasonable steps to assure that an employee, student, applicant, or campus visitor is not required to submit a diversity, equity, and inclusion statement, or be evaluated based on participation in a diversity, equity, and inclusion initiative, and that an employee, student, applicant, or campus visitor is not compelled to disclose preferred pronouns; develop a policy that each institution shall institute that prohibits the consideration of race and other protected class characteristics during the admissions process that is consistent with current federal and state law; develop a policy that each institution shall institute that contains guidance for employees of each institution related to the separation of personal political advocacy from the employee’s job duties and the business of the institution; direct the institutions to adopt policies and procedures that are designed to explore potential recruitment strategies to advance the diversity of intellectual and philosophical perspectives in faculty and staff applicant pools; and provide an annual notice to the institutions concerning the board’s policy related to institution statements on matters of public concern.
   The bill requires each institution of higher education governed by the state board of regents to review all college, department, and unit-level diversity, equity, and inclusion positions to determine whether diversity, equity, and inclusion-specific job responsibilities are necessary for compliance with federal or state law, accreditation, or for the provision of student or employee support services, and adjust or eliminate any such position that is not necessary for those purposes, on or before December 31, 2024.
   The bill requires each institution of higher education governed by the state board of regents to initiate and conduct a review of general education categories related to diversity, equity, and inclusion and update such categories to accurately reflect the array of options students may select in order to satisfy the requirements associated with such categories and to ensure a breadth of offerings.
   The bill requires each institution of higher education governed by the state board of regents to develop and submit to the state board of regents a proposal related to the establishment of a center, institute, or initiative that is dedicated to expanding opportunities for education and research concerning freedom of speech and civic education.