House File 49 - Introduced HOUSE FILE 49 BY HOLT A BILL FOR An Act prohibiting tenure systems at the institutions of 1 higher learning governed by the state board of regents, and 2 including applicability provisions. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 1928YH (2) 89 kh/jh

H.F. 49 Section 1. Section 262.9, Code 2021, is amended by adding 1 the following new subsection: 2 NEW SUBSECTION . 39. Prohibit, at each institution of 3 higher learning governed by the state board of regents, 4 the establishment or continuation of a tenure system for 5 any employee of the institution. Acceptable grounds for 6 termination of employment of any member of the faculty 7 shall include but not be limited to just cause, program 8 discontinuance, and financial exigency. Each institution of 9 higher learning governed by the board shall adopt a written 10 statement enumerating employment agreements, annual performance 11 evaluations of all faculty members, minimum standards of good 12 practice, standards for review and discipline of faculty 13 members, and policies with regard to dismissal for cause, 14 program discontinuance, and financial exigency. The dean of 15 a college at an institution governed by the state board of 16 regents and the president of the institution shall employ 17 faculty as necessary to carry out the academic duties and 18 responsibilities of the college. 19 Sec. 2. Section 262.12, Code 2021, is amended to read as 20 follows: 21 262.12 Committees and administrative offices under board. 22 The board of regents shall also have and exercise all 23 the powers necessary and convenient for the effective 24 administration of its office and of the institutions under 25 its control, and to this end may create such committees, 26 offices and agencies from its own members or others, and employ 27 persons to staff the same, fix their compensation and tenure 28 and delegate thereto, or to the administrative officers and 29 faculty of the institutions under its control, such part of the 30 authority and duties vested by statute in the board, and shall 31 formulate and establish such rules, outline such policies and 32 prescribe such procedures therefor, all as may be desired or 33 determined by the board as recorded in their minutes. 34 Sec. 3. Section 262.82, subsection 2, Code 2021, is amended 35 -1- LSB 1928YH (2) 89 kh/jh 1/ 3

H.F. 49 to read as follows: 1 2. The board of regents shall also establish a program 2 to create faculty opportunities for women educators at the 3 universities under the board’s control. The program shall 4 include but is not limited to the creation of faculty positions 5 in targeted shortage areas. The board of regents shall also 6 develop and implement, in consultation with appropriate faculty 7 representatives, tenure, promotion , and hiring policies that 8 recognize the unique needs of faculty members who are principal 9 caregivers to dependents. 10 Sec. 4. APPLICABILITY. The section of this Act amending 11 section 262.9 does not apply to a faculty member who entered 12 into an employment contract with an institution of higher 13 learning governed by the state board of regents prior to July 14 1, 2021, unless such contract is renewed on or after July 1, 15 2021. 16 EXPLANATION 17 The inclusion of this explanation does not constitute agreement with 18 the explanation’s substance by the members of the general assembly. 19 This bill directs the state board of regents to prohibit the 20 establishment or continuation of a tenure system at the regents 21 universities for any employee of a regents university. 22 The bill provides that acceptable grounds for termination 23 of employment of any member of a regents university’s faculty 24 shall include but not be limited to just cause, program 25 discontinuance, and financial exigency. Each university is 26 directed to adopt a written statement enumerating employment 27 agreements, annual performance evaluations of all faculty 28 members, minimum standards of good practice, standards for 29 review and discipline of faculty members, and policies with 30 regard to dismissal for cause, program discontinuance, and 31 financial exigency. The bill provides that each dean of a 32 college at a regents university and the president of the 33 university shall employ faculty as necessary to carry out the 34 academic duties and responsibilities of the college. 35 -2- LSB 1928YH (2) 89 kh/jh 2/ 3

H.F. 49 The provision relating to faculty members employed by 1 regents universities does not apply to a faculty member who 2 entered into an employment contract with a regents university 3 prior to July 1, 2021, unless such contract is renewed on or 4 after July 1, 2021. 5 The bill makes corresponding changes in the Code. 6 -3- LSB 1928YH (2) 89 kh/jh 3/ 3