HF 437 (LSB 1206HV (3) 91)

HOUSE FILE 437

BY  COMMITTEE ON HIGHER EDUCATION

(SUCCESSOR TO HSB 52)

(COMPANION TO SF 127 BY GRUENHAGEN)

A BILL FOR

An Act establishing a school of intellectual freedom at the university of Iowa.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  SHORT TITLE.  This Act shall be known and may be cited as the “School of Intellectual Freedom Act”.
    Sec. 2.  NEW SECTION.  263C.1  Definitions.
   As used in this chapter, unless the context otherwise requires:
   1.  “Board” means the state board of regents.
   2.  “School” means the school of intellectual freedom established by section 263C.2.
   3.  “University” means the state university of Iowa.
    Sec. 3.  NEW SECTION.  263C.2  School of intellectual freedom.
   1.  A school of intellectual freedom is established as an independent academic unit within the university. The school shall be physically located in the college of liberal arts and sciences.
   2.  The school shall conduct teaching and research in the historical ideas, traditions, and texts that have shaped the American constitutional order and society.
   3.  The board may name the school in accordance with any philanthropic naming policies or practices of the board or university.
    Sec. 4.  NEW SECTION.  263C.3  Functions of the school.
   1.  The school shall offer instruction in all of the following subjects:
   a.  The texts and major debates that form the intellectual foundation of free societies, especially that of the United States.
   b.  The principles, ideals, and institutions of the American constitutional order.
   c.  The foundations of responsible leadership and informed citizenship.
   2.  The school shall offer university-wide programming related to the values of free speech and civil discourse.
   3.  The school shall work to do all of the following:
   a.  Expand the intellectual diversity of the university’s academic community.
   b.  Foster civic engagement among university students and faculty.
   4.  The school may offer courses; develop certificate, minor, and major programs as well as graduate programs; and offer degrees.
    Sec. 5.  NEW SECTION.  263C.4  Bylaws.
   The school shall establish bylaws governing the school subject to the approval of the dean of the school. In addition to any other bylaws established, the bylaws shall include all of the following requirements, which shall take precedence over any other requirements in the bylaws:
   1.  The school shall educate students by means of free, open, and rigorous intellectual inquiry to seek the truth.
   2.  The school affirms its duty to equip students with the skills, habits, and dispositions of mind they need to reach their own informed conclusions on matters of social and political importance.
   3.  The school affirms the value of intellectual diversity in higher education and aspires to enhance the intellectual diversity of the university.
   4.  The school affirms a commitment to create a community dedicated to an ethic of civil and free inquiry, which respects the intellectual freedom of each member, supports individual capacities for growth, and welcomes the differences of opinion that naturally exist in a public university community.
    Sec. 6.  NEW SECTION.  263C.5  Funding —— use.
   1.  The school may accept and administer private and external donations and gifts.
   2.  Any moneys appropriated to the school, and any private and external donations to the school, shall be used only for the direct operation of the school and shall not be used for any indirect costs of the university.
    Sec. 7.  NEW SECTION.  263C.6  School faculty.
   The university shall employ at least five tenure-eligible faculty members to provide instruction through the school. Faculty members appointed to the school may hold joint appointments to other academic units of the university. Faculty members who are not appointed to the school shall have no authority to approve, deny, or modify the terms of appointment of faculty to the school.
    Sec. 8.  NEW SECTION.  263C.7  Academic council.
   1.  No later than December 31, 2025, the board shall appoint an academic council for the purpose of assisting in the selection of a dean of the school pursuant to section 263C.8.
   2.  The board may appoint up to nine members to the council. No more than one member of the council may be an employee of the university. A majority of the members appointed to the council shall constitute a quorum.
   3.  The board shall determine the initial length of each member’s term in accordance with this subsection. A majority of the members initially appointed to the council shall serve initial terms of four years. The remaining initially appointed members shall serve initial terms of two years. The board shall appoint new members to fill vacancies on the council in accordance with this section.
    Sec. 9.  NEW SECTION.  263C.8  Appointment of dean.
   1.  The academic council established under section 263C.7 shall conduct a nationwide search for candidates for the dean of the school. The council shall strictly adhere to all relevant state and federal laws in conducting the search. The council shall submit a list of finalists for the position to the board, which shall select and appoint the dean from the list. Subsequent deans shall be chosen in the same manner.
   2.  The dean shall be eligible for tenure.
    Sec. 10.  NEW SECTION.  263C.9  Duties of dean.
   1.  The dean of the school shall have the sole and exclusive authority to manage the recruitment and hiring process and to extend offers for employment for all faculty and staff of the school and to terminate employment of all staff of the school.
   2.  The dean shall oversee, develop, and approve the curriculum, courses, and programs of the school.
   3.  The dean shall have the sole and exclusive authority to invite guest speakers to the university on behalf of the school.
   4.  The dean shall consult with the dean of the college of liberal arts and sciences when carrying out the dean’s duties. However, the dean shall report directly to the president of the university or a designee of the president.
    Sec. 11.  NEW SECTION.  263C.10  Annual report.
   The dean of the school shall submit an annual report to the governor, the general assembly, and the board of regents by December 31. The report shall provide a full account of the school’s achievements and shall identify any opportunities, challenges, and obstacles in the development of the school.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill establishes a school of intellectual freedom (school) as an independent academic unit within the university of Iowa (university). The school shall be physically located in the college of liberal arts and sciences. The school shall conduct teaching and research in the historical ideas, traditions, and texts that have shaped the American constitutional order and society. The bill authorizes the state board of regents (board) to name the school in accordance with any philanthropic naming policies or practices of the board or university.
   The bill provides functions of the school, including instruction on specified subjects, offering university-wide programming related to the values of free speech and civil discourse, and working to expand the intellectual diversity of the university’s academic community and foster civic engagement among university students and faculty. The bill authorizes the school to offer courses; develop certificate, minor, and major programs as well as graduate programs; and offer degrees.
   The bill requires the school to establish bylaws and specifies certain subjects that must be included in the bylaws.
   The bill authorizes the school to accept and administer private and external donations and gifts. The bill provides that any moneys appropriated to the school, and any private and external donations to the school, shall be used only for the direct operation of the school and shall not be used for any indirect costs of the university.
   The bill requires the university to employ at least five tenure-eligible faculty members to provide instruction through the school. Faculty members appointed to the school may hold joint appointments to other academic units. The bill provides that faculty members who are not appointed to the school shall have no authority to approve, deny, or modify the terms of appointment of faculty to the school.
   The bill requires the board to establish an academic council no later than December 31, 2025, for the purpose of assisting in the selection of a dean of the school. The bill provides for membership and procedures of the council. The bill provides that the board shall select and appoint the dean from a list of finalists submitted by the council.
   The bill provides duties of the dean, including recruitment, hiring, and termination of employment of school faculty and staff; overseeing, developing, and approving the curriculum, courses, and programs of the school; and inviting guest speakers to the university on behalf of the school. The bill requires the dean to consult with the dean of the college of liberal arts and sciences when carrying out the dean’s duties. The bill provides that the dean shall report directly to the president of the university or a designee of the president.
   The bill provides that the dean shall be eligible for tenure.
   The bill requires the dean to submit an annual report to the governor, the general assembly, and the board of regents regarding the school.