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
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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repealed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
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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.
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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:
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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.
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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
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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
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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
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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
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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.
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