HSB 534 (LSB 5246YC (6) 91)

HOUSE FILE _____ 

BY  (PROPOSED COMMITTEE ON HIGHER EDUCATION BILL BY CHAIRPERSON COLLINS)

A BILL FOR

An Act relating to postsecondary education institutions, including the membership and functions of the state board of regents and accreditation of public institutions of higher education.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

DIVISION I
SHORT TITLE

    Section 1.  SHORT TITLE.  This Act shall be known and may be cited as the “University Governance Reform Act”.
DIVISION II
STATE BOARD OF REGENTS —— MEMBERSHIP AND TERMS

    Sec. 2.  Section 256.176, subsection 2, paragraph a, Code 2026, is amended to read as follows:
   a.  A voting member of the state board of regents to be named by the state board of regents, or the executive director of the state board of regents if so appointed by the state board of regents, who shall serve for a four-year term or until the expiration of the member’s term of office, and who shall serve as an ex officio, nonvoting member. 
    Sec. 3.  Section 262.1, Code 2026, is amended to read as follows:
   262.1  Membership.
   1.  The state board of regents consists of nine voting members, eight of whom who 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 voting members shall be of the same political party.
   2.  The board shall include ex officio, nonvoting members as follows:
   a.  For each of the institutions listed in section 262.7, subsections 1, 2, and 3, a student enrolled on a full-time basis in good standing at the institution at the time of the member’s appointment.
   b.  Two members of the senate and two members of the house of representatives. This paragraph is repealed December 31, 2029.
    Sec. 4.  Section 262.2, Code 2026, is amended to read as follows:
   262.2  Appointment —— term of office.
   1.  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, the governor shall consult with the appropriate student body government at the institution at which the proposed appointee is enrolled. The term of each member of the board shall be for six four years, unless the ninth member, appointed in accordance with section 262.1, 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 five voting members of the board shall begin and expire in each odd-numbered year as provided in section 69.19.
   2.  A student member shall be appointed by the governor and shall serve at the pleasure of the governor. A student member shall serve no longer than four years. If a student member graduates from or is no longer enrolled at the institution, the member shall no longer be eligible for service on the board, and the governor shall appoint a new member pursuant to section 262.6.
   3.  The members of the senate shall be appointed by the majority leader of the senate. The members of the house of representatives shall be appointed by the speaker of the house. A legislative member shall serve for a term as provided in section 4A.13. A legislative member is eligible for per diem and expenses as provided in section 2.10. This subsection is repealed December 31, 2029.
    Sec. 5.  Section 262.4, Code 2026, 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 member ineligible for appointment or incapable or unfit to discharge the duties of office, and the member’s removal, when so made, shall be final.
    Sec. 6.  Section 262.5, Code 2026, 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. 7.  Section 262.6, Code 2026, 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 member resigns prior to the expiration of the term, the individual appointed to fill the vacancy shall meet the requirements for the ninth member specified in section 262.1. Other vacancies occurring prior to the expiration of the ninth member’s term shall be filled in the same manner as the original appointments for those vacancies.
    Sec. 8.  Section 262.8, Code 2026, is amended to read as follows:
   262.8  Meetings.
   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. 9.  Section 262.9, subsection 1, Code 2026, is amended to read as follows:
   1.  Each even-numbered year elect, from its voting members, a president of the board, who shall serve for two years and until a successor is elected and qualified.
    Sec. 10.  Section 262.9, subsection 2, paragraph b, Code 2026, is amended to read as follows:
   b.  When electing a president of an institution of higher learning, the board may use a presidential selection committee. Only voting members of the board shall serve as voting members of a presidential selection committee.
    Sec. 11.  Section 262.9, subsection 33, paragraph d, Code 2026, is amended to read as follows:
   d.  The compensation and benefits paid to the voting members of the board pursuant to section 7E.6.
    Sec. 12.  Section 262.11, Code 2026, is amended to read as follows:
   262.11  Record —— acts affecting property.
   All acts of the board relating to the management, purchase, disposition, or use of lands and other property of said institutions shall be entered of record, which shall show the members present, and how each voting member voted upon each proposition. The board may, in its discretion, delegate to each university the authority to approve leases.
    Sec. 13.  TRANSITION —— APPOINTMENT AND TERM OF STATE BOARD OF REGENTS MEMBERS.
   1.  This division of this Act shall not affect the appointment or term of a member serving on the state board of regents immediately prior to the effective date of this division of this Act.
   2.  The term of a legislative member of the state board of regents appointed pursuant to this division of this Act serving on the board on December 31, 2029, shall expire on that date.
DIVISION III
DISAPPROVAL OF EXPENDITURES

    Sec. 14.  NEW SECTION.  262.29  Disapproval of expenditures —— joint resolution.
   The general assembly, by passage of a joint resolution requiring approval of the governor, may disapprove any individual, ongoing expenditure by the state board of regents or an institution of higher education under the governance thereof. The board or institution shall terminate the expenditure upon the effective date of the resolution. This section does not apply to an ongoing expenditure specifically authorized by law.
DIVISION IV
STATE BOARD OF REGENTS —— FUNCTIONS

    Sec. 15.  Section 262.9, Code 2026, is amended by adding the following new subsections:
   NEW SUBSECTION.  43.  Develop and adopt a policy providing for a post-tenure review at any time of a tenured employee of an institution of higher education governed by the board if authorized by the board by a majority vote.
   NEW SUBSECTION.  44.  Develop and adopt a policy requiring prior approval of the board before an institution of higher education governed by the board may establish an academic program to be offered at the institution.
   NEW SUBSECTION.  45.  Beginning in 2027, review and approve on a biennial basis all academic programs at institutions of higher education governed by the board with fewer than ten enrolled students. On a schedule approved by the board, an institution shall discontinue any academic program not approved under this subsection.
   NEW SUBSECTION.  46.  Beginning in 2028, review and approve on a biennial basis all general education requirements at institutions of higher education governed by the board. On a schedule approved by the board, an institution shall discontinue any requirement not approved under this subsection.
   NEW SUBSECTION.  47.  Develop and adopt a policy prohibiting a faculty senate or council at an institution of higher education governed by the board from exercising any governance authority over the institution. The policy must specify that a faculty senate or council at an institution serves only in an advisory capacity with no final decision-making authority on any matter.
    Sec. 16.  NEW SECTION.  262.12A  Board committees —— meetings.
   1.  The board shall establish committees of the board, and duties thereof, that include but are not limited to the following:
   a.  A budgets, investments, and finance committee. The annual budget of each institution of higher education governed by the board must be approved by the committee before it is subject to a vote of the board.
   b.  An athletics committee.
   2.  A meeting of a committee of the board shall be considered a meeting for purposes of chapter 21, notwithstanding any provision of that chapter to the contrary. The board shall ensure that the public can view such meetings live by electronic means.
    Sec. 17.  NEW SECTION.  262.12B  Ombudsman for higher education.
   The board shall establish under the board the position of ombudsman for higher education. The ombudsman shall receive and investigate complaints of violations of state or federal law or board policy at institutions of higher education governed by the board.
DIVISION V
ACCREDITATION OF PUBLIC INSTITUTIONS OF HIGHER EDUCATION

    Sec. 18.  Section 261K.1, subsections 1 and 2, Code 2026, are amended to read as follows:
   1.  “Accrediting agency” means an entity that provides accreditation of public institutions of higher education and that is not a government agency a legal entity, or a part of a legal entity, that conducts accrediting activities through voluntary, nonfederal peer review and makes decisions concerning the accreditation or preaccreditation status of institutions, programs, or both.  “Accrediting agency” includes institutional accrediting agencies that accredit institutions of higher education, and programmatic accrediting agencies that accredit specific educational programs, including programs that prepare students in specific academic disciplines or prepare students for entry into a profession, occupation, or vocation.
   2.  “Public institution of higher education” means an institution of higher learning governed by the state board of regents or a community college.  “Public institution of higher education” includes any program within such an institution.
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 postsecondary education institutions, including the membership and functions of the state board of regents (board) and accreditation of public institutions of higher education.
   STATE BOARD OF REGENTS —— MEMBERSHIP AND TERMS. This division replaces the student member of the board with a ninth member appointed by the governor, confirmed by the senate, and subject to the same terms as the other eight voting members.
   The division adds seven ex officio, nonvoting members to the board. Three ex officio, nonvoting members are students enrolled at the university of Iowa, Iowa state university, and the university of northern Iowa, respectively, and appointed by the governor. The division provides terms of service for student members. The other four ex officio, nonvoting members of the board are two members of the senate appointed by the majority leader of the senate and two members of the house of representatives appointed by the speaker of the house. The terms of legislative members of the board expire December 31, 2029.
   The division includes conforming changes to statutory references to members of the board.
   The division shall not affect the appointment or term of a member serving on the board immediately prior to the effective date of the division.
   DISAPPROVAL OF EXPENDITURES. This division authorizes the general assembly, by passage of a joint resolution requiring approval of the governor, to disapprove any individual, ongoing expenditure by the board or an institution under the governance thereof. The board or institution shall terminate the expenditure upon the effective date of the resolution. The division does not apply to an ongoing expenditure specifically authorized by law.
   STATE BOARD OF REGENTS —— FUNCTIONS. This division requires the board to develop and adopt a policy providing for a post-tenure review at any time of a tenured employee of a regents institution if authorized by the board by a majority vote.
   The division requires the board to develop and adopt a policy requiring prior approval of the board before a regents institution may establish an academic program to be offered at the institution, to review and approve all academic programs at regents institutions with fewer than 10 enrolled students on a biennial basis beginning in 2027, to review and approve all general education requirements at regents institutions on a biennial basis beginning in 2028, and to develop and adopt a policy prohibiting a faculty senate or council at a regents institution from exercising any governance authority over the institution.
   The division requires the board to establish committees of the board and duties thereof. The bill provides for a budgets, investments, and finance committee. The annual budget of each regents institution must be approved by the committee before it is subject to a vote of the board. The division also provides for an athletics committee.
   The division provides that a meeting of a committee of the board shall be considered a meeting for purposes of Code chapter 21 (open meetings). The division requires the board to ensure that the public can view such meetings live by electronic means.
   The division requires the board to establish the position of ombudsman for higher education to receive and investigate complaints of violations of state or federal law or board policy at regents institutions.
   ACCREDITATION OF PUBLIC INSTITUTIONS OF HIGHER EDUCATION.  This division relates to Code chapter 261K, which governs accreditation of public institutions of higher education. The division provides that a “public institution of higher education” for purposes of Code chapter 261K includes any program within such an institution.
   The division modifies the definition of an “accrediting agency” subject to the Code chapter to mean a legal entity, or a part of a legal entity, that conducts accrediting activities through voluntary, nonfederal peer review and makes decisions concerning the accreditation or preaccreditation status of institutions, programs, or both. The term includes institutional accrediting agencies that accredit institutions of higher education, and programmatic accrediting agencies that accredit specific educational programs, including programs that prepare students in specific academic disciplines or prepare students for entry into a profession, occupation, or vocation.
   Under current law, an accrediting agency can be subject to a civil action for injunctive relief and liquidated damages by a public institution of higher education negatively affected by adverse action taken against the institution by the agency. The attorney general may bring such an action on the institution’s behalf.