House Study Bill 534 - Introduced HOUSE FILE _____ BY (PROPOSED COMMITTEE ON HIGHER EDUCATION BILL BY CHAIRPERSON COLLINS) A BILL FOR An Act relating to postsecondary education institutions, 1 including the membership and functions of the state board of 2 regents and accreditation of public institutions of higher 3 education. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 5246YC (6) 91 je/ns
H.F. _____ DIVISION I 1 SHORT TITLE 2 Section 1. SHORT TITLE. This Act shall be known and may be 3 cited as the “University Governance Reform Act”. 4 DIVISION II 5 STATE BOARD OF REGENTS —— MEMBERSHIP AND TERMS 6 Sec. 2. Section 256.176, subsection 2, paragraph a, Code 7 2026, is amended to read as follows: 8 a. A voting member of the state board of regents to be named 9 by the state board of regents, or the executive director of 10 the state board of regents if so appointed by the state board 11 of regents, who shall serve for a four-year term or until the 12 expiration of the member’s term of office, and who shall serve 13 as an ex officio, nonvoting member. 14 Sec. 3. Section 262.1, Code 2026, is amended to read as 15 follows: 16 262.1 Membership. 17 1. The state board of regents consists of nine voting 18 members , eight of whom who shall be selected from the state at 19 large solely with regard to their qualifications and fitness 20 to discharge the duties of the office. The ninth member shall 21 be a student enrolled on a full-time basis in good standing 22 at either the graduate or undergraduate level at one of the 23 institutions listed in section 262.7, subsection 1, 2, or 3 , 24 at the time of the member’s appointment. Not more than five 25 voting members shall be of the same political party. 26 2. The board shall include ex officio, nonvoting members as 27 follows: 28 a. For each of the institutions listed in section 262.7, 29 subsections 1, 2, and 3, a student enrolled on a full-time 30 basis in good standing at the institution at the time of the 31 member’s appointment. 32 b. Two members of the senate and two members of the house of 33 representatives. This paragraph is repealed December 31, 2029. 34 Sec. 4. Section 262.2, Code 2026, is amended to read as 35 -1- LSB 5246YC (6) 91 je/ns 1/ 9
H.F. _____ follows: 1 262.2 Appointment —— term of office. 2 1. The voting members shall be appointed by the governor 3 subject to confirmation by the senate. Prior to appointing the 4 ninth member as specified in section 262.1 , the governor shall 5 consult with the appropriate student body government at the 6 institution at which the proposed appointee is enrolled. The 7 term of each member of the board shall be for six four years , 8 unless the ninth member, appointed in accordance with section 9 262.1 , graduates or is no longer enrolled at an institution 10 of higher education under the board’s control, at which time 11 the term of the ninth member shall expire one year from the 12 date on which the member graduates or is no longer enrolled in 13 an institution of higher education under the board’s control . 14 However, if within that year the ninth member reenrolls in any 15 institution of higher education under the board’s control on 16 a full-time basis and is a student in good standing at either 17 the graduate or undergraduate level, the term of the ninth 18 member shall continue in effect. The terms of three five 19 voting members of the board shall begin and expire in each 20 odd-numbered year as provided in section 69.19 . 21 2. A student member shall be appointed by the governor and 22 shall serve at the pleasure of the governor. A student member 23 shall serve no longer than four years. If a student member 24 graduates from or is no longer enrolled at the institution, the 25 member shall no longer be eligible for service on the board, 26 and the governor shall appoint a new member pursuant to section 27 262.6. 28 3. The members of the senate shall be appointed by the 29 majority leader of the senate. The members of the house of 30 representatives shall be appointed by the speaker of the house. 31 A legislative member shall serve for a term as provided in 32 section 4A.13. A legislative member is eligible for per diem 33 and expenses as provided in section 2.10. This subsection is 34 repealed December 31, 2029. 35 -2- LSB 5246YC (6) 91 je/ns 2/ 9
H.F. _____ Sec. 5. Section 262.4, Code 2026, is amended to read as 1 follows: 2 262.4 Removals. 3 The governor, with the approval of a majority of the senate 4 during a session of the general assembly, may remove any voting 5 member of the board for malfeasance in office, or for any cause 6 which would render the member ineligible for appointment or 7 incapable or unfit to discharge the duties of office, and the 8 member’s removal, when so made, shall be final. 9 Sec. 6. Section 262.5, Code 2026, is amended to read as 10 follows: 11 262.5 Suspension. 12 When the general assembly is not in session, the governor 13 may suspend any voting member so disqualified and shall appoint 14 another to fill the vacancy thus created, subject to the 15 approval of the senate when next in session. 16 Sec. 7. Section 262.6, Code 2026, is amended to read as 17 follows: 18 262.6 Vacancies. 19 Vacancies shall be filled in the same manner in which regular 20 appointments are required to be made. If the ninth member 21 resigns prior to the expiration of the term, the individual 22 appointed to fill the vacancy shall meet the requirements for 23 the ninth member specified in section 262.1 . Other vacancies 24 occurring prior to the expiration of the ninth member’s term 25 shall be filled in the same manner as the original appointments 26 for those vacancies. 27 Sec. 8. Section 262.8, Code 2026, is amended to read as 28 follows: 29 262.8 Meetings. 30 Meetings may be called by the board, by the president of the 31 board, or by the executive director of the board upon written 32 request of any five voting members thereof. 33 Sec. 9. Section 262.9, subsection 1, Code 2026, is amended 34 to read as follows: 35 -3- LSB 5246YC (6) 91 je/ns 3/ 9
H.F. _____ 1. Each even-numbered year elect, from its voting members, a 1 president of the board, who shall serve for two years and until 2 a successor is elected and qualified. 3 Sec. 10. Section 262.9, subsection 2, paragraph b, Code 4 2026, is amended to read as follows: 5 b. When electing a president of an institution of higher 6 learning, the board may use a presidential selection committee. 7 Only voting members of the board shall serve as voting members 8 of a presidential selection committee. 9 Sec. 11. Section 262.9, subsection 33, paragraph d, Code 10 2026, is amended to read as follows: 11 d. The compensation and benefits paid to the voting members 12 of the board pursuant to section 7E.6 . 13 Sec. 12. Section 262.11, Code 2026, is amended to read as 14 follows: 15 262.11 Record —— acts affecting property. 16 All acts of the board relating to the management, purchase, 17 disposition, or use of lands and other property of said 18 institutions shall be entered of record, which shall show the 19 members present, and how each voting member voted upon each 20 proposition. The board may, in its discretion, delegate to 21 each university the authority to approve leases. 22 Sec. 13. TRANSITION —— APPOINTMENT AND TERM OF STATE BOARD 23 OF REGENTS MEMBERS. 24 1. This division of this Act shall not affect the 25 appointment or term of a member serving on the state board 26 of regents immediately prior to the effective date of this 27 division of this Act. 28 2. The term of a legislative member of the state board of 29 regents appointed pursuant to this division of this Act serving 30 on the board on December 31, 2029, shall expire on that date. 31 DIVISION III 32 DISAPPROVAL OF EXPENDITURES 33 Sec. 14. NEW SECTION . 262.29 Disapproval of expenditures —— 34 joint resolution. 35 -4- LSB 5246YC (6) 91 je/ns 4/ 9
H.F. _____ The general assembly, by passage of a joint resolution 1 requiring approval of the governor, may disapprove any 2 individual, ongoing expenditure by the state board of regents 3 or an institution of higher education under the governance 4 thereof. The board or institution shall terminate the 5 expenditure upon the effective date of the resolution. This 6 section does not apply to an ongoing expenditure specifically 7 authorized by law. 8 DIVISION IV 9 STATE BOARD OF REGENTS —— FUNCTIONS 10 Sec. 15. Section 262.9, Code 2026, is amended by adding the 11 following new subsections: 12 NEW SUBSECTION . 43. Develop and adopt a policy providing 13 for a post-tenure review at any time of a tenured employee of 14 an institution of higher education governed by the board if 15 authorized by the board by a majority vote. 16 NEW SUBSECTION . 44. Develop and adopt a policy requiring 17 prior approval of the board before an institution of higher 18 education governed by the board may establish an academic 19 program to be offered at the institution. 20 NEW SUBSECTION . 45. Beginning in 2027, review and approve 21 on a biennial basis all academic programs at institutions of 22 higher education governed by the board with fewer than ten 23 enrolled students. On a schedule approved by the board, an 24 institution shall discontinue any academic program not approved 25 under this subsection. 26 NEW SUBSECTION . 46. Beginning in 2028, review and approve 27 on a biennial basis all general education requirements at 28 institutions of higher education governed by the board. 29 On a schedule approved by the board, an institution shall 30 discontinue any requirement not approved under this subsection. 31 NEW SUBSECTION . 47. Develop and adopt a policy prohibiting 32 a faculty senate or council at an institution of higher 33 education governed by the board from exercising any governance 34 authority over the institution. The policy must specify that 35 -5- LSB 5246YC (6) 91 je/ns 5/ 9
H.F. _____ a faculty senate or council at an institution serves only in 1 an advisory capacity with no final decision-making authority 2 on any matter. 3 Sec. 16. NEW SECTION . 262.12A Board committees —— meetings. 4 1. The board shall establish committees of the board, 5 and duties thereof, that include but are not limited to the 6 following: 7 a. A budgets, investments, and finance committee. The 8 annual budget of each institution of higher education governed 9 by the board must be approved by the committee before it is 10 subject to a vote of the board. 11 b. An athletics committee. 12 2. A meeting of a committee of the board shall be considered 13 a meeting for purposes of chapter 21, notwithstanding 14 any provision of that chapter to the contrary. The board 15 shall ensure that the public can view such meetings live by 16 electronic means. 17 Sec. 17. NEW SECTION . 262.12B Ombudsman for higher 18 education. 19 The board shall establish under the board the position of 20 ombudsman for higher education. The ombudsman shall receive 21 and investigate complaints of violations of state or federal 22 law or board policy at institutions of higher education 23 governed by the board. 24 DIVISION V 25 ACCREDITATION OF PUBLIC INSTITUTIONS OF HIGHER EDUCATION 26 Sec. 18. Section 261K.1, subsections 1 and 2, Code 2026, are 27 amended to read as follows: 28 1. “Accrediting agency” means an entity that provides 29 accreditation of public institutions of higher education 30 and that is not a government agency a legal entity, or a 31 part of a legal entity, that conducts accrediting activities 32 through voluntary, nonfederal peer review and makes decisions 33 concerning the accreditation or preaccreditation status of 34 institutions, programs, or both . “Accrediting agency” includes 35 -6- LSB 5246YC (6) 91 je/ns 6/ 9
H.F. _____ institutional accrediting agencies that accredit institutions 1 of higher education, and programmatic accrediting agencies that 2 accredit specific educational programs, including programs that 3 prepare students in specific academic disciplines or prepare 4 students for entry into a profession, occupation, or vocation. 5 2. “Public institution of higher education” means an 6 institution of higher learning governed by the state board of 7 regents or a community college. “Public institution of higher 8 education” includes any program within such an institution. 9 EXPLANATION 10 The inclusion of this explanation does not constitute agreement with 11 the explanation’s substance by the members of the general assembly. 12 This bill relates to postsecondary education institutions, 13 including the membership and functions of the state board of 14 regents (board) and accreditation of public institutions of 15 higher education. 16 STATE BOARD OF REGENTS —— MEMBERSHIP AND TERMS. This 17 division replaces the student member of the board with a ninth 18 member appointed by the governor, confirmed by the senate, and 19 subject to the same terms as the other eight voting members. 20 The division adds seven ex officio, nonvoting members to 21 the board. Three ex officio, nonvoting members are students 22 enrolled at the university of Iowa, Iowa state university, and 23 the university of northern Iowa, respectively, and appointed 24 by the governor. The division provides terms of service for 25 student members. The other four ex officio, nonvoting members 26 of the board are two members of the senate appointed by the 27 majority leader of the senate and two members of the house of 28 representatives appointed by the speaker of the house. The 29 terms of legislative members of the board expire December 31, 30 2029. 31 The division includes conforming changes to statutory 32 references to members of the board. 33 The division shall not affect the appointment or term of a 34 member serving on the board immediately prior to the effective 35 -7- LSB 5246YC (6) 91 je/ns 7/ 9
H.F. _____ date of the division. 1 DISAPPROVAL OF EXPENDITURES. This division authorizes the 2 general assembly, by passage of a joint resolution requiring 3 approval of the governor, to disapprove any individual, 4 ongoing expenditure by the board or an institution under the 5 governance thereof. The board or institution shall terminate 6 the expenditure upon the effective date of the resolution. The 7 division does not apply to an ongoing expenditure specifically 8 authorized by law. 9 STATE BOARD OF REGENTS —— FUNCTIONS. This division requires 10 the board to develop and adopt a policy providing for a 11 post-tenure review at any time of a tenured employee of a 12 regents institution if authorized by the board by a majority 13 vote. 14 The division requires the board to develop and adopt a 15 policy requiring prior approval of the board before a regents 16 institution may establish an academic program to be offered at 17 the institution, to review and approve all academic programs 18 at regents institutions with fewer than 10 enrolled students 19 on a biennial basis beginning in 2027, to review and approve 20 all general education requirements at regents institutions on 21 a biennial basis beginning in 2028, and to develop and adopt 22 a policy prohibiting a faculty senate or council at a regents 23 institution from exercising any governance authority over the 24 institution. 25 The division requires the board to establish committees of 26 the board and duties thereof. The bill provides for a budgets, 27 investments, and finance committee. The annual budget of each 28 regents institution must be approved by the committee before it 29 is subject to a vote of the board. The division also provides 30 for an athletics committee. 31 The division provides that a meeting of a committee of 32 the board shall be considered a meeting for purposes of Code 33 chapter 21 (open meetings). The division requires the board 34 to ensure that the public can view such meetings live by 35 -8- LSB 5246YC (6) 91 je/ns 8/ 9
H.F. _____ electronic means. 1 The division requires the board to establish the position 2 of ombudsman for higher education to receive and investigate 3 complaints of violations of state or federal law or board 4 policy at regents institutions. 5 ACCREDITATION OF PUBLIC INSTITUTIONS OF HIGHER EDUCATION. 6 This division relates to Code chapter 261K, which governs 7 accreditation of public institutions of higher education. 8 The division provides that a “public institution of higher 9 education” for purposes of Code chapter 261K includes any 10 program within such an institution. 11 The division modifies the definition of an “accrediting 12 agency” subject to the Code chapter to mean a legal entity, 13 or a part of a legal entity, that conducts accrediting 14 activities through voluntary, nonfederal peer review and makes 15 decisions concerning the accreditation or preaccreditation 16 status of institutions, programs, or both. The term includes 17 institutional accrediting agencies that accredit institutions 18 of higher education, and programmatic accrediting agencies that 19 accredit specific educational programs, including programs that 20 prepare students in specific academic disciplines or prepare 21 students for entry into a profession, occupation, or vocation. 22 Under current law, an accrediting agency can be subject to a 23 civil action for injunctive relief and liquidated damages by 24 a public institution of higher education negatively affected 25 by adverse action taken against the institution by the 26 agency. The attorney general may bring such an action on the 27 institution’s behalf. 28 -9- LSB 5246YC (6) 91 je/ns 9/ 9